the respondent, who sits to be judged, shall alike rest in the silence of the tomb then comes the faithful, the scrutinizing historian, who, without fear or favour will record the transaction; then comes a just and impartial posterity, who, without regard to persons or to dignities, will decide upon your decision-then, I trust, the high honour and integrity of this court, will stand recorded in the pure language of deserved praise, and this day will be remembered in the annals of our land, as honourable to the respondent, to his judges, and to the justice of our country.

We have heard, sir, from the honourable managers who have addressed you, many harsh expressions-I hope, sir, they will do no harm; we have been told of the respondent's" unholy sins," which, even the heavenly expiation of sincere repentance cannot wash away; we have been told of his volumes of guilt, every page of which calls loudly for punishment. This sort of language, but pursues the same spirit of asperity and reproach, which was begun in the replication to our answer. But we come here, sir, not to complain of any thing; we come, expecting to bear and to forbear much. It does indeed seem to me, that the replication filed by the honourable manager on behalf of the house of representatives and all the people, carries with it more acrimony, than either the occasion, or their dignity demanded. It may be said they have resorted for it to English precedent, and framed it from the replication filed in the celebrated case of Warren Hastings: there is however, no similarity between that case and ours-Precedents might have been found more mild in their character, and more adapted to the circumstances of our case. The impeachment of Hastings was not instituted on a petty catalogue of frivolous occurrences, more calculated to excite ridicule than apprehension; but for the alleged murder of princes and plunder of

empires. If, however, the choice of this case as a precedent for our pleadings, has exposed us to some unpleasant expressions, it also furnishes to us abundance of consolation and hope.-There the most splendid talents that ever adorned the British nation were strained to their utmost exertion, to crush the devoted victim of malignant persecution-but in vain-The stern integrity, the enlightened perception, the immovable justice of his judges, stood as a barrier between him and destruction, and safely protected him from the fury of the storm. So, I trust in God, it will be with us.

A very strange and unexpected effort has been made sir, to raise a prejudice against the respondent on this occasion, by exciting, or rather forcing, a sympathy for John Fries. We have heard him most pathetically described, as the ignorant, the friendless, the innocent John Fries. The ignorant John Fries! Is this the man who undertook to decide that a law, which had passed the wisdom of the Congress of the United States, was impolitic and unconstitutional; and who stood so confident of this opinion, as to maintain it at the point of the bayonet? He will not thank the gentleman for this compliment, or accept the plea of ignorance as an apology for his crimes. The friendless John Fries! Is this the man who was able to draw round himself a band of bold and determined adherents, resolved to defend him and his wild doctrines, at the risque of their own lives, and of the lives of all who should dare to oppose ? Is this the John Fries who had power and friends enough, actually to suspend, for a considerable time, the authority of the United States over a large district of country; to prevent the execution of the laws, and to command and compel the officers appointed to execute the law, to abandon the duties of their appointment, and lay the authority of the government at the feet of this friendless usurper ?—The

innocent John Fries! Is this the man, against whom a most respectable grand jury of Pennsylvania, in 1799, found a bill of indictment for high treason; and who was afterwards convicted by another jury, equally impartial and respectable, with the approbation, and under the direction of a judge, whose humanity and conduct on that very occasion, has received the most unqualified praise of the honourable manager who thus sympathizes with Fries? Is this the John Fries against whom a second grand jury, in 1800, found another bill for the same offence, founded on the same facts; and who was again convicted by a just and conscientious petit jury? Is this innocent German the man, who, in pursuance of a wicked opposition to the power and laws of the United States, and a mad confidence in his ability to maintain that opposition, rescued the prisoners duly arrested by the officers of the government, and placed those very officers under duresse; who, with arms in his hands and menace on his tongue-arrayed himself, in military order and strength-put to hazard the safety and peace of the country, and threatened us with all the desolation, bloodshed and horror of civil war? who at the moment of his desperate attack, cried out to his infatuated followers, "Come on, I shall probably fall on the first fire, then strike, stab, and kill all you can ?" In the fervid imagination of the honourable manager, the widow and orphans of this man, even before he is dead, are made, in hypothesis, to cry at the judgment seat of God, against the respondent; and his blood, though not a drop of it has been spilt, is seen to stain the pure ermine of justice. I confess, sir, as a Pennsylvanian, whose native state has been disgraced with two rebellions in the short period of four years, my ear was strangely struck, to hear the leaders of one of them addressed with such friendly ten

derness, and honoured with such flattering sympathy by the honourable manager.

It is not unusual, sir, in public prosecutions, for the accused to appeal to his general life and conduct in refutation of the charges. How proudly may the respondent make this appeal. He is charged with a violent attempt to violate the laws and constitution of his country, and destroy the best liberties of his fellow citizens. Look, sir, to his past life, to the constant course of his opinions and conduct, and the improbability of its charge is manifest. Look to the days of doubt and danger; look to that glorious struggle so long and so doubtfully maintained for that independence we now enjoy, for those rights of self government you now exercise, and do you not see the respondent among the boldest of the bold, never sinking in hope, or in exertion; aiding by his talents, and encouraging by his spirit ; in short, putting his property and his life in issue on the contest, and making the loss of both certain, by the active part he assumed, should his country fail of success. And does this man, who thus gave all his possessions, all his energies, all his hopes to his country and to the liberties of this American people, now employ the small and feeble remnant of his days, without interest or object, to pull down and destroy that very fabric of freedom, that very government, and those very rights he so laboured to establish? It is not credible; it cannot be credited, but on proof infinitely stronger than any thing that has been offered to this honourable court on this occasion. Indiscretions may have been hunted out by the perseverance of persecution; but I trust most confidently, that the just, impartial, and dignified sentence of this honourable court, will completely establish to our country and to the world, that the respondent has fully and honourably justified himself against. the charges now exhibited against him, and has dis

charged his official duties, not only with the talents which are conceded to him, but with an integrity which is infinitely more dear to him.

LESSON XCI.

Extract from Demosthenes' first Oration against Philip.

IF there be a man in this assembly who thinks that we must find a formidable enemy in Philip, while he views, on one hand, the numerous armies* which attend him; and, on the other, the weakness of the state thus despoiled of its dominions: he thinks justly. Yet, let him reflect on this; there was a time, Athenians! when we possessed Pydna, and Potidæa, and Methone, and all that country round: when many of those states, now subjected to him, were free and independent, and more inclined to our alliance than to his. Had then Philip reasoned in the same manner-How shall I dare to attack the Athenians, whose garrisons command my territory, while I am destitute of all assistance !—he would not have engaged in those enterprises which are now crowned with success; nor could he have raised himself to this pitch of greatness. No, Athenians! he knew this well, that all these places are but prizes,† laid between the combatants, and ready for the conqueror: that the dominions of the absent devolve naturally to those who are

* The numerous armies, &c. The number of Philip's forces at that time amounted to twenty thousand foot and three thousand horse: a great army compared with those of the Greeks. At their march to Marathon, the Athenians could not assemble more than ten thousand forces. Tourreil.

↑ But prizes, &c. His hearers were of all others most devoted to public games and entertainments, and must therefore have been particularly sensible of the beauty of this image.