ated this difference? By the rules of navigation amongst the Greek
islands, every man, from the captain down to the lowest cabin-boy, has,
more or less, a share in the vessel. They watched, therefore,--they
laboured and fought for their own interest and property. Let those who
sit at the helm and govern us imitate this policy. Let them extend the
elective franchise; let them restore us to a condition in which industry
and skill may find employment and be secure in their gain. Give men an
interest and ownership in the state, and it shall never be upset by
libels; not a seditious or mutinous voice shall be heard; and what
foreign enemy shall dare to lift a hand against us? But keep the people
excluded from their share in the representation, and pressed down by
taxation, and millions of prosecutions against libels will not save the
country from sinking in ruin.

Let me now, gentlemen, call your attention back to the argument I used
almost at setting out in my address to you, by which I attempted to
maintain that you are not bound, whatever you may judge the intention of
the writer to have been, to pronounce a publication a libel by your
verdict, if you should be of opinion that such a publication cannot be
mischievous, and that prosecution of it is unnecessary. If it can do no
harm, it is no nuisance at common law to have written a paper, whatever
its nature may be, and if it could be no nuisance, you are bound in duty
to acquit the defendant, who is only the publisher. The doctrine for
which I am contending with regard to this paper, has been acted upon by
the government of one free country, with regard to all political
writings, whatever their intention or nature. The Legislature of the
State of Virginia has actually _legislated against_ such prosecutions,
and declared them totally unnecessary.

Mr. Justice BEST.--That is not the law of this country.

Mr. COOPER.--I only use it my Lord as part of my speech in argument.

Mr. Justice BEST.--I will tell you what I am bound to tell the jury. I
shall tell them that we have nothing to do here with what may be
expedient, we are not legislating here--the question is whether this is a
proper prosecution?

Mr. COOPER.--I feel that it is exceedingly important to use as matter of
argument, and as a part of my speech. If your Lordship stops me I know
that it will be my duty to submit.

Mr. Justice BEST.--All this is only drawing them away from the question
they are t