“The unconquerable will,
And study of revenge, immortal hate.”

They leave the luxuries of servitude to the mean and dastardly hypocrites, to the Belials and Mammons of the infernal faction. They pursue their old end of tyranny under their old pretext of liberty. The recollection of their unbounded power renders every inferior condition irksome and vapid; and their former atrocities form, if I may so speak, a sort of moral destiny which irresistibly impels them to the perpetration of new crimes. They have no place left for penitence on earth. They labor under the most awful proscription of opinion that ever was pronounced against human beings. They have cut down every bridge by which they could retreat into the society of men. Awakened from their dreams of Democracy, the noise subsided that deafened their ears to the voice of humanity; the film fallen from their eyes which hid from them the blackness of their own deeds; haunted by the memory of their inexpiable guilt; condemned daily to look on the faces of those whom their hands made widows and orphans, they are goaded and scourged by these real furies, and hurried into the tumult of new crimes, which will drown the cries of remorse, or, if they be too depraved for remorse, will silence the curses of mankind. Tyrannical power is their only refuge from the just vengeance of their fellow-creatures. Murder is their only means of usurping power. They have no taste, no occupation, no pursuit but power and blood. If their hands are tied, they must at least have the luxury of murderous projects. They have drunk too deeply of human blood ever to relinquish their cannibal appetite.

Such a faction exists in France. It is numerous; it is powerful; and it has a principle of fidelity stronger than any that ever held together a society. They are banded together by despair of forgiveness, by the unanimous detestation of mankind. They are now contained by a severe and stern government. But they still meditate the renewal of insurrection and massacre; and they are prepared to renew the worst and most atrocious of their crimes, that crime against posterity and against human nature itself, that crime of which the latest generations of mankind may feel the fatal consequences—the crime of degrading and prostituting the sacred name of liberty.

I must own that, however paradoxical it may appear, I should almost think not worse, but more meanly of them if it were otherwise. I must then think them destitute of that which I will not call courage, because that is the name of a virtue; but of that ferocious energy which alone rescues ruffians from contempt. If they were destitute of that which is the heroism of murderers, they would be the lowest as well as the most abominable of beings.

It is impossible to conceive any thing more despicable than wretches who, after hectoring and bullying over their meek and blameless sovereign and his defenceless family, whom they kept so long in a dungeon trembling for their existence—whom they put to death by a slow torture of three years, after playing the Republican and the tyrannicide to women and children, become the supple and fawning slaves of the first government that knows how to wield the scourge with a firm hand.

I have used the word Republican because it is the name by which this atrocious faction describes itself. The assumption of that name is one of their crimes. They are no more Republicans than Royalists. They are the common enemies of all human society. God forbid that by the use of that word I should be supposed to reflect on the members of those respectable Republican communities which did exist in Europe before the French Revolution. That Revolution has spared many monarchies, but it has spared no republic within the sphere of its destructive energy. One republic only now exists in the world—a republic of English blood, which was originally composed of Republican societies, under the protection of a monarchy, which had, therefore, no great and perilous change in their internal constitution to effect; and of which, I speak it with pleasure and pride, the inhabitants, even in the convulsions of a most deplorable separation, displayed the humanity as well as valor which, I trust I may say, they inherited from their forefathers.

Nor do I mean by the use of the word “Republican” to confound this execrable faction with all those who, in the liberty of private speculation, may prefer a Republican form of government. I own that, after much reflection, I am not able to conceive an error more gross than that of those who believe in the possibility of erecting a republic in any of the old monarchical countries of Europe, who believe that in such countries an elective supreme magistracy can produce any thing but a succession of stern tyrannies and bloody civil wars. It is a supposition which is belied by all experience, and which betrays the greatest ignorance of the first principles of the constitution of society. It is an error which has a false appearance of superiority over vulgar prejudice; it is, therefore, too apt to be attended with the most criminal rashness and presumption, and too easy to be inflamed into the most immoral and anti-social fanaticism. But as long as it remains a mere quiescent error, it is not the proper subject of moral disapprobation.

[Mr. Mackintosh then proceeds to a somewhat minute analysis of the publications of Peltier for the purpose of showing: first, that it was highly probable that the articles complained of were not written by Peltier; secondly, that if written by him, they purported to be not his own sentiments but those more or less prevalent at Paris; thirdly, that the publications were not untrue representations; fourthly, that there was no evidence of any thing more nearly approaching to malice than a justifiable indignation; and, fifthly, that the passages complained of were aimed not so much at Napoleon as at others. This analysis, though very ingenious, is of no interest except from its bearing on the verdict, and is therefore here omitted. After concluding his discussion of the evidence, the advocate proceeded.]

Here, gentlemen, I think I might stop, if I had only to consider the defence of Mr. Peltier. I trust that you are already convinced of his innocence. I fear I have exhausted your patience, as I am sure I have very nearly exhausted my own strength. But so much seems to me to depend on your verdict, that I can not forbear from laying before you some considerations of a more general nature.

Believing, as I do, that we are on the eve of a great struggle; that this is only the first battle between reason and power; that you have now in your hands, committed to your trust, the only remains of free discussion in Europe, now confined to this kingdom—addressing you, therefore, as the guardians of the most important interests of mankind; convinced that the unfettered exercise of reason depends more on your present verdict than on any other that was ever delivered by a jury, I can not conclude without bringing before you the sentiments and examples of our ancestors in some of those awful and perilous situations by which divine Providence has in former ages tried the virtue of the English nation. We are fallen upon times in which it behooves us to strengthen our spirits by the contemplation of great examples of constancy. Let us seek for them in the annals of our forefathers.