Representative British Orations Volume 2 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 2 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
One more privilege of the historian, which the Attorney-General has
not named, but to which his principles extend, it is now my duty to
claim on behalf of my client; I mean the right of _republishing_,
_historically_, those documents, whatever their original malignity
may be, which display the character and unfold the intentions of
governments, or factions, or individuals. I think my learned friend
will not deny that a historical compiler may innocently republish
in England the most insolent and outrageous declaration of war ever
published against his Majesty by a foreign government. The intention of
the original author was to vilify and degrade his Majesty’s government;
but the intention of the compiler is only to gratify curiosity,
or, perhaps, to rouse just indignation against the calumniator
whose production he republishes. His intention is not libellous—his
republication is therefore not a libel. Suppose this to be the case
with Mr. Peltier. Suppose him to have republished libels with a merely
historical intention. In that case it can not be pretended that he is
more a libeller than my learned friend, Mr. Abbott [junior counsel for
the crown, afterward Lord Tenterden], who read these supposed libels to
you when he opened the pleadings. Mr. Abbott republished them to you,
that you might know and judge of them—Mr. Peltier, on the supposition I
have made, also republished them, that the public might know and judge
of them.
You already know that the general plan of Mr. Peltier’s publication
was to give a picture of the cabals and intrigues, of the hopes and
projects, of French factions. It is undoubtedly a natural and necessary
part of this plan to republish all the serious and ludicrous pieces
which these factions circulate against each other. The ode ascribed to
Chenier or Ginguené I do really believe to have been written at Paris,
to have been circulated there, to have been there attributed to some
one of these writers, to have been sent to England as their work, and
as such to have been republished by Mr. Peltier. But I am not sure that
I have evidence to convince you of the truth of this. Suppose that I
have not; will my learned friend say that my client must necessarily be
convicted? I, on the contrary, contend that it is for my learned friend
to show that it is not an historical republication. Such it professes
to be, and that profession it is for him to disprove. The profession
may indeed be “a mask”; but it is for my friend to pluck off the mask,
and expose the libeller, before he calls upon you for a verdict of
guilty.
Public-domain text, read in full here on John Shaqi.
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