The Counsel for Colonel Smith, unable to get the connivance of the Administration before the Jury in the shape of evidence, coolly assumed it as established, and urged it in defence of their client. They used his memorial to Congress as their brief, enlarged upon the arbitrary conduct of the Judge in the examinations and upon the tyrannical interference of the President with their witnesses. As Mr. Emmet cleverly and classically remarked, quoting from Tacitus's description of the funeral of Junia, "Perhaps their very absence rendered them more decided witnesses in our favor." They also maintained that the Act of 1794, under which the prisoner was indicted, did not prohibit an enterprise of this character. Even if it did, no proof existed that this expedition was organized in New York. On the contrary, it was known that Miranda had gone hence to Jacquemel, and had made his preparations there, in a port out of our jurisdiction. This point made, they boldly went a step farther, and declared that the United States were actually at war with Spain. The affair of the Kempers, and of Flanagan in Louisiana, the obstruction of the Mobile Kiver, the depredations upon our commerce by Spanish privateers, were sufficient proof of a state of war. We had a right to meet force by force. The President must have been of this opinion, else he could not have violated his trust by authorizing this expedition. The case for the defence, considered in a logical point of view, was desperate; but no case is desperate before a Jury; and when Mr. Colden, Mr. Hoffman, and Mr. Emmet had each in his own peculiar mode of eloquence appealed to the Jury to protect their client, already punished by removal from his place, without a trial or even a hearing, for an offence committed with, the sanction of his superior officers,--when they compared this State prosecution to the attempts made by despotic European governments to crush innocent men by the machinery of law, and asserted that it was instituted solely to gratify the malice of the King of Spain, a bitter enemy to the United States,--and when they enlarged upon the grandeur of an undertaking to give liberty to the down-trodden victims of Colonial tyranny, comparing Miranda and his friends to our own Revolutionary heroes, there could be but little doubt of the verdict. But there was an uneasy feeling after the District Attorney had closed. He demolished with ease the arguments of the other side, for not one of them had sufficient strength to stand alone. Smith's perpetual excuse, that he had been led astray by the belief of connivance in Washington, was preposterous. If he had been anxious to know the sentiments of Government on the subject, he might at any time within six days have ascertained whether Miranda told him truth or not. He spoke of the cruelty and reckless folly of all such attempts upon a neighboring people; asked the Jury how they would like