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defend himself; the second, that he might plead his conviction or acquittal in bar of a subsequent prosecution for the same offence. Hawk. 322.

The first reason seemed to be as consonant to humanity as to law and if it was a good reason, it operated with fatal force against the attempt of the Attorney of the United States, to produce the "Prospect" as evidence. If the title of the book had been mentioned in the indictment, Mr. Callender would have been fully apprised, by the copy with which he has been furnished, of the crime with which he was charged. But as it was not mentioned, he could not ascertain from the indictment itself, against which, and against which only, hẹ was to make his defence, whether the recited passages were taken from the "Prospect," or from some gazette in which they had been republished, but in the publication of which he had no concern. In support of the charges contained in this indictment, facts of a very different nature might be stated, with a view to be proved: and the traverser therefore could not know with that certainty with which accusations ought always to be made, whether he was to be at the trouble of justifying what he had said, or whether he could safely rest his defence on the insufficiency of the evidence brought against him to prove the act of publication only.

The second reason appeared to Mr. H. to be conclusive. He contended, that one writing a gainst the President, containing fifty libellous pas

sages, if published at the same time, was only one act for which one prosecution only could be maintained.

If the present indictment had mentioned the title of the book now introduced, the decision about to be pronounced, whatever it might be, might be pleaded in bar of a subsequent prosecution for the same, or for any other passages in the same book. In support of this plea, the traverser would have nothing to do but to produce the record. This alone would protect him. But if the title of the book is not to be recited, the production of the record would not be sufficient to support his plea of " formerly acquitted or formerly convicted.” In addition to the record, he must bring forward witnesses to prove that the "Prospect" had been given in evidence against him at the former trial. Such witnesses, perhaps, might be procured, but it was not certain; and when procured, their evidence might not be sufficiently explicit to establish the point relied on by the traverser. He did not stand therefore in a state of security, in which a man ought to be placed who once answered a charge made against him by his country, and in which he would be placed if the doctrine contended for by his counsel were correct.

Here the judge observed to Mr. Hay, in His WAY, that it was certain that the traverser might plead the present prosecution in bar of any other. It was clear law, and Mr. H. must know it to be

So. Mr. Hay said that he was not completely understood. The present prosecution might be pleaded in bar of another prosecution for the same offence, and would, according to his doctrine, appear on the record; but according to the doctrine to which the court seemed to incline, the evidence of this fact, resting on memory only, might perish for

ever.

Here the Attorney for the United States was about to rise; but the judge stopped him. Really, Mr. Attorney, said he, it is not worth your while to take up the time of the court in making a reply. There can be no good reason for excluding the book as evidence. The traverser is charged with having written, printed or published a certain libellous writing; all that is to be done on the part of the United States, is to prove this charge to be true, and the book called the "Prospect," is good evidence to support it.

This point being disposed of, the Attorney for the United States rose and commented at great length on every charge contained in the indict

ment.

The jury then retired and returned a verdict of Guilty.

The sentence of the court was, that James Thomson Callender be fined two hundred dollars, and be imprisoned nine months; and find security for his good behavior during the same period from the date of his sentence.

The trials of Cooper and Callender furnish the strongest proofs of the partiality which prevailed in the American courts during the administration of Mr. Adams. The conduct of Judge Chase to Mr. Cooper must be reprobated by every lover of justice and liberty. In Callender's trial, after the jury delivered their verdict, Chase observed that it was pleasing to him, because it shewed that the laws of the United States could be enforced in Virginia, the principal object of Callender's prosecution. In charging the jury, he spoke of Mr. Callender in the most contemptuous manner: he called upon their honest indignation: he declared that he did not think there was so bad a man in the United States. This language might have been tolerated from the prosecutor, but coming from a judge, it is censurable in the highest degree.

Before we proceed with an account of the elections for President in the different States it is proper to give an account of the lives and characters of the different Candidates. This will constitute the subject of the next chapter.

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CHAPTER XV.

Lives and Characters of Thomas Jefferson, Aaron Burr, and Charles Cotesworth Pinckney.

THOMAS

HOMAS JEFFERSON was born in the year 1743, at Monticello, in the county of Albemarle, in Virginia. He was the eldest son of his father, who was a respectable land holder, and joint commissioner appointed with Colonel Fry for settling and extending the boundary line between Virginia and North-Carolina, in 1749.

About the age of fourteen he was sent to the University of William and Mary, in the city of Williamsburgh, a seminary, though not equal to the European schools, has yet produced several characters that, in classical knowledge and legal abilities, would do honor either to Cambridge or Oxford.

The progress which young Jefferson made in the different departments of science and literature was rapid; and he obtained the degrees of the College with honor to himself and credit to his instructors. At the desire and advice of his relations, he commenced a course of law under the direction of George Wythe, now the venerable judge and sole chancellor of Virginia. Being naturally fond of philosophic pursuits, and accustomed to acute discrimination and logical discussion with his fellow students, he greatly facilitated the acquire

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