Mr. _Hamilton_, I thank your Honour. Then, Gentlemen of the Jury, it is
to you we must now appeal, for Witnesses, to the Truth of the Facts we
have offered, and are denied the Liberty to prove; and let it not seem
strange, that I apply my self to you in this Manner, I am warranted so
to do both by Law and Reason. The Last supposes you to be summones,
_out of the Neighbourhood where the Fact is alledged to be committed_;
and the Reason of your being taken out of the Neighbourhood is,
_because you are supposed to have the best Knowledge of the Fact that
is to be tried_. And were you to find a Verdict against my Client, you
must take upon you to say, the Papers referred to in the Information,
and which we acknowledge we printed and published, are, _false,
scandalous and seditious_; but of this I can have no Apprehension.
You are Citizens of _New-York_; you are really what the Law supposes
you to be, _honest and lawful Men_; and, according to my Brief, the
Facts which we offer to prove were not committed in a Corner; they are
notoriously known to be true; and therefore in your Justice lies our
Safety. And as we are denied the Liberty of giving Evidence, to prove
the Truth of what we have published, I will beg Leave to lay it down as
a Standing Rule in such Cases, _That the suppressing of Evidence ought
always to be taken for the strongest Evidence_; and I hope it will have
that Weight with you....
... It is true in Times past it was a Crime to speak Truth, and in that
terrible Court of Star-Chamber, many worthy and brave Men suffred for
so doing; and yet even in that Court, and in those bad Times, a great
and good Man durst say, what I hope will not be taken amiss of me to
say in this Place, _to wit, the Practice of Informations for Libels
is a Sword in the Hands of a wicked king and_ [of] _an arrand Coward
to cut down and destroy the innocent; the one cannot, because of his
high station, and the other dares not, because of his Want of Courage,
revenge himself in another Manner._
Mr. _Attorney_, Pray Mr. _Hamilton_, have a Care what you say, don't go
too far neither, I don't like those Liberties.
Mr. _Hamilton_, Sure, Mr. Attorney, you won't make any Applications;
all Men agree that we are governed by the best of Kings, and I cannot
see the Meaning of Mr. Attorney's Caution. ... May it please Your
Honour, I was saying, That notwithstanding all the Duty and Reverence
claimed by Mr. Attorney to Men in Authority, they are not exempt from
observing the Rules of common Justice, either in their private or
publick Capacities; the Laws of our Mother Country know no Exception....
Public-domain text, read in full here on John Shaqi.
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