Can you conceive a more noxious and a more offensive publication? It is written in a language calculated for its circulation through every corner of France, and its object is manifestly to vilify and defame the first magistrate of that country, not only in France, but throughout all Europe. This seems to be the end and necessary consequence of this publication in this place and if you view it in that light, and if you are satisfied that is the fair interpretation of it, there is no question of difficulty between us. We are both agreed as to the illegality of printing, and the illegality of publishing, libels against those with whom we are at peace: the only question, then, for you to decide, is this, whether or not these publications, such as they are; whether these papers were or were not published, with an intention of vilifying the French consul! My friend tells you, if that is your judgment-he tells you, that if that was really the intention of the publication, that then the defendant is to be delivered up to your verdict, and that you cannot rescue him from the consequences; but should you be satisfied that it was not published with any intention of vilify ing and defaming the first consul of France, but that it was written in the spirit of history, and that it comes under the description of free discussion; if you can, in your consciences, really believe that this comes fairly within the range of free discussion, or that it comes within the scope of historical privilege, then I do not ask your verdict: but if you are satisfied, in point of fact, that it was published with the libellous intention I impute to it, do not be driven from your pur

pose by any theoretical or declamatory address, or be led to apprehend you are doing wrong, by acting on the clear principles of public law, on a case fairly brought before you. It is your province, and your duty, to act on the question before you, on true and clear prin ciples, and not to look to those cases which are to follow. It will be time enough to stir up an English jury, when some unprecedented proceedings take place, and it will be time enough then that the address of my friend should be re peated to them. And if that period is about to approach, I have only to lament, in common with you all, in common with every man who has heard that speech, that most eloquent, most able, most irresistible address, which has been applied to such a case as this, was not reserved for that occasion, to which it might, with more proprie. ty, have been applied.

Lord Ellenborough, in his address to the jury, said, the matter in issue, included three things, 1st, the fact of the publication; 2dly, the truth of the allegations on the record; and, 3dly, the nature and quality of the papers themselves. As to the first thing, the act of publica tion, that seemed to be proved by the evidence of Mr. De Boffe, who published the work, and acted under the orders of M. Peltier, the defendant. That Napoleon Bonaparte was the first consul and chief magistrate of France, both at the time the definitive treaty of peace was signed, and also at the time when these papers were published, was admitted; and, indeed, if it had not, it was capable of easy proof from the notoriety of it. The next and only remaining material point

for the consideration of the jury, was, as to the nature and quality of the papers themselves. The defendant, by his very learned counsel, endeavoured to shew that these papers were written against some particular factions in France, and not against the character and person of the first magistrate in that country. It would be for the jury to say, on the fullest consideration of the circumstances, whether they were not satisfied these papers contained matter highly reflecting on that magistrate, and were a direct incitement and encouragement to assassinate his person. Every publication that had a tendency to promote public mischief, by reflecting on the characters of magistrates and others in high and eminent situations of power and dignity, and in such terms, and in such a manner, as had a direct tendency to interrupt the amity and friendship that subsisted between the two countries, was what the law called a libel. If there were contained in any publication, a plain and manifest incitement and persuasion to assassinate or destroy the persons of such magistrates, and if the tendency of such publication was to interrupt the harmony that subsisted between different nations, the libel was still more criminal.— If they looked at the ode attributed to Chenier, it would be for the gentlemen of the jury to say, whether this did not import a direct incitement to the assassination of the first magistrate of France" Oh! eternal disgrace of France! Cæsar, on the Bank of the Rubicon, has against him, in his quarrel, the senate, Pompey, and Cato; and the plains of Pharsalia. If fortune is unequal-if you must yield to the destinies, Rome, in this sad reverse, at

least, there remains to avenge you a poignard among the last Romans!"

Now, said his lordship, did not that express a wish, on the part of this person, that it was necessary they should use a poignard against the supposed oppressor and usurper of their government, which had been used with effect against Cæsar, the usurper of the Roman government ? And, in another part of this pub. lication, he says, as for me, far from envying his lot, let him name, I consent to it, his worthy succes sor. Carried on the shield, let him be elected emperor. Finally (and Romulus recals the thing to mind,) I wish he may have this apotheosis." This, his lordship thought, imported a wish, on the part of the publisher, that, if he should be elected empcror of that country, of which he was then, and still is, the chief magistrate, that his death should immediately follow on the next day. Every body knew the supposed story of Romulus; he disappeared, and his death was supposed to be the effect of assassination.

His lordship said, he could not, therefore, in the correct discharge of his duty, do otherwise than state, that these publications having such a tendency, with respect to the character and person of a foreign magistrate, and being published within this country, and the consequence of such publications being a direct tendency to interrupt and destroy the peace and amity now happily subsisting between the two countries, that they were, in point of law, a Jibel and he was certain, no recollection of the past, nor expectation of the future, would warp the minds of the jury from the straight and even course of justice. Their ver

The above is the highest and lowest Prices of the Stocks for the Year 1803.