Mr. Justice Best.—These observations being made on one who is not anywise connected with this case, who is not present to answer for himself, and who would not be permitted if he was, what are we to suppose? Can any gentleman at the bar consider this as fair?
Mr. Cooper.—My Lord, I have no design to attack the Marshal either in his absence or presence. I mentioned him but incidentally. What earthly purpose could it answer to this case to attack him? He was the prosecutor in that case, and I rather incautiously, perhaps, mentioned who the prosecutor was, by name; when I ought only to have said the prosecutor. If I have done him any injustice, I beg his pardon as publicly for it, and thus, I give a remedy as wide as the wound. I say then, gentlemen, that the prosecutor in that case, was alternately the object of the keenest indignation, and the most jeering ridicule, and I have a right to be equally as free, as the counsel in that case, with the prosecutors in this: but I shall by no means follow the example. On the contrary, I think, we are deeply indebted to the Constitutional Association. Consider how we were circumstanced when they first arose amongst us. There was the state, with a standing army of only a hundred thousand men, and nothing besides, except the whole civil force of the realm, a revenue of no more than seventy millions; and the feeble assistance of the established law officers of the crown to prosecute public offenders, when this Constitutional Association in the pure spirit of chivalry, steps forward to help the weakness of
Government, and succour its distress. Now, whatever men may talk of justice, who can say that disinterestedness has altogether abandoned the earth? Who can say that generosity has forsaken us and flown to heaven? Let it be considered too, that but for their active vigilance Carlile’s shop would not have been known. No productions from it had ever been the subject of prosecution, and but for the keen scent of the Association, the rank and huge sedition contained in the New Year’s Address might have lain in its covert undetected and undisturbed. But to drop this irony and be serious, the law officers of the crown are fully adequate to their duties, and Carlile’s shop was as well known to the Attorney General as St. Paul’s to you. For years he has not had his eyes off it. I will engage that every publication, that has issued from it, and this very pamphlet among the rest, has passed through his hands, and under his review. Yet the law officers of the crown do not appear here to prosecute it as a libel against the state; and I entreat you to mark this, for I have a right to urge it, as a strong negative proof, that they do not so consider it; and how can that require your condemnation which they (with a judgment surely very much superior to that of the Committee of the Constitutional Association) have not thought worthy of prosecution or notice? Yes, you are actually called upon by this Association to deliver over to punishment the publisher of this paper, whilst the law officers of the crown (who neglect their duty, if they do not prosecute offences against the state) have thought it of a nature not at all requiring their interference What can be so preposterous? So monstrous? And in taking leave of this view of the case, let me once more ask you who have been actually the publishers of this paper? Have you a single iota of
evidence, which ought to satisfy your minds, that, but for the insidious conduct of the Association, and its spies, this pamphlet would ever have been before you or the public? Is there a shadow of proof that one copy was ever sold, except those bought by the creatures employed by the honorary secretary (who is also the feed attorney in this prosecution) for the sole object of entangling the defendant in this indictment? None, whatever. None. They conspired you see to procure and seduce (the word is neither too broad nor too long for their conduct) the publication for the very purpose of this prosecution. How then having thus suborned the offence of which they complain, can they dare to stand forward as prosecutors, when they themselves are the criminals, and ought to be the defendants.
Mr. Justice Best.—You mean. Mr. Cooper, to offer some evidence of that, I suppose.
Mr. Cooper.—None, my lord, but the evidence already before the court and the jury, and the strong and necessary inference from the facts proved by the witnesses for the prosecution themselves.
Mr. Gurney.—There were many others lying on the counter.
Mr. Cooper.—What of that, does it follow that they must, therefore, have been sold? In the absence of all other proof of any publication, I have a right, I am forced to consider the Association as the only publishers.
Mr. Justice Best.—In the evidence there is nothing like it.
Mr. Cooper.—What, gentlemen, is it a necessary conclusion, that because the pamphlets were lying in the shop, they must have been sold to other persons? The defendant but for their intrusion, for the sole design of