allow reasons of state to influence our judgments: God forbid it should! We must not regard political consequences, how formidable soever they might be if rebellion was the cer"Fiat tain consequence, we are bound to say justitia, ruat cælum." The constitution trusts the king with reasons of state and policy: he may stop prosecutions; he may pardon offences; it is his to judge whether the law or the criminal should yield. We have no election: none of us encouraged or approved the commission of either of the crimes of which the defendant is convicted none of us had any hand in his being prosecuted. It is not in our power to stop it; it was not in our power to bring it on. We cannot pardon. We are to say, what we take the law to be: if we do not speak our real opinions, we prevaricate with God and our own consciences.

I pass over many anonymous letters I have received: those in print are public; and some of them have been brought judicially before the court. Whoever the writers are, they take the wrong way: 1 will do my duty unawed. What am I to fear? That mendax infamia from the press, which daily coins false facts and false motives? The lies of calumny carry no terror to me: I trust that my temper of mind, and the colour and conduct of my life, have given me a suit of armour against these arrows. If, during this king's reign, I have ever supported his government, and assisted his measures, I have done it without any other reward, than the consciousness of doing what I thought right. If I have ever opposed, I have done it upon the points themselves, without mixing in party or faction, and without any collateral views. I honour the

king, and respect the people; but, many things acquired by the favour of either, are, in my account, objects not worth ambition. I wish popularity; but it is that popularity which follows, not that which is run after : it is that popularity which, sooner or later, never fails to do justice to the pursuit of noble ends by noble means. I will not do that which my conscience tells me is wrong, upon this occasion, to gain the huzzas of thousands, or the daily praise of all the papers which come from the press: I will not avoid doing what I think is right, though it should draw on me the whole artillery of libels; all that falsehood and malice can invent, or the credulity of a deluded populace can swallow. I can say, with a great magistrate, upon an occasion and under circumstances not unlike, "Ego hoc animo semper fui, ut invidiam virtute partam, gloriam, non invidiam, putarem."

The threats go further than abuse; personal violence is denounced. I do not believe it: it is not the genius of the worst men of this country, in the worst of times. But I have set my mind at rest. The last end that can happen to any man, never comes too soon, if he falls in support of the law and liberty of his country (for liberty is synonymous with law and government). Such a shock, too, might be productive of public good: it might awake the better part of the kingdom out of that lethargy which seems to have benumbed them, and bring the mad part back to their senses, as men intoxicated are sometimes stunned into sobriety.

Once for all, let it be understood, "that no endeavours of this kind will influence any man who at present sits here." If they had any ef

fect, it would be contrary to their intent: leaning against their impression, might give a bias the other way. But I hope, and I know, that I have fortitude enough to resist even that weakness. No libels, no threats, nothing that has happened, nothing that can happen, will weigh a feather against allowing the defendant, upon this and every other question, not only the whole advantage he is entitled to from substantial law and justice, but every benefit from the most critical nicety of form, which any other defendant could claim under the like objection, The only effect I feel, is an anxiety to be able to explain the grounds upon which we proceed; so as to satisfy all mankind "that a flaw of form given way to in this case, should not have been got over in any other."

LII.

The President of the United States-what he ought to be.-LOUIS M'LANE.

A CHIEF magistrate of the union should look to noble objects, and consider himself called to a high destiny. I would have him rouse his spirit and expand his mind to the elevation and grandeur of his important trust; I would have him to realize that he is the governor of a great, free and prosperous people; various in the habits, opinions and occupations, but all pursuing the general end of human action, the happiness of themselves and their posterity, and all equally entitled to the protection and favour of their government. I would have him to purify himself from all temptation to proscription or in

tolerance, and all vindictive or personal suggestions, and to maintain himself at a sightless distance above the low intrigues and bitterness of faction. I would have him thoroughly to understand the spirit and import of the constitution of our country; to consider all its functionaries entitled to equal respect with himself; to preserve sacred the just balance and apportionment of power among the various departments, and, in all cases of diversity of opinionwhether between the heads of departments or among the people at large, to maintain a wise moderation and forbearance, and to endeavour to lead the jarring parties to entertain respect for each other, and to co-operate for the common good. "I would have him to think of fame as well as of applause, and prefer that which to be enjoyed must be given, to that which may be bought; to consider his administration as a single day in the great year of government, but as a day that is affected by those which went before, and that must affect those which are to follow." I would have him to consider the constitution and the laws as the sole rule of his conduct, neither stretching nor warping them either to enlarge his own power or to abridge that of the co-ordinate departments, or of the people. To usurp no authority inconsistent with their spirit, nor to abuse that which they confer. I would have him diligently to inform himself of all the great and diversified interests of this vast and growing country, and so to succour the various branches of enterprize as to crown the whole with prosperity. I would have him to reflect that amidst the diversity of interests and multifarious concerns, both foreign and domestic, of the nation, questions will constant

ly arise necessarily eliciting various opinions among his countrymen. These I would have him to treat with respect and indulgence, even when they differ from his own, but by no means to make them objects of anger and punishment. I would have him not only to tolerate, but to encourage all decent and respectful examination into his public policy and official conduct. I would have him to keep the offices of the government above the reach of the flatterer and the demagogue, and never to bestow them as rewards for mere party service; to bring to his aid in the other trusts of the government the soundest patriotism, the most elevated and various intellect, the most enlarged capacity, that his country affords and lest in seeking for such qualities his range of observation might be too circumscribed, I would have him to maintain such relations with all classes and portions of his countrymen, that the scope of his selection might have no other limit than the welfare of the commonwealth. Such is my idea of a virtuous, enlightened and patriotic chief magistrate, fit to administer the government of a free and united people. Such a one it may be difficult, perhaps impossible to find, though it is presumed no one will deny that it is desirable and even a duty to approach as near as possible to a perfect government, and social happiness under it. The only question is how near it may be practicable for us to come; and all must admit that we shall approach the nearer as the efforts of the people and the government shall concur for that object. Happily for our country we have one illustrious example, who, it would seem, had been given to us by Providence as an ever-living oracle from whom we