o consider. With the propriety of instituting the prosecution
they have nothing to do; the only questions they have to determine,
are--Is that paper a libel, and has the defendant published it? An Act
of the Assembly of Virginia has no validity in this country.

Mr. COOPER.--My Lord, I do not cite it as a statute of this realm to
which we are bound to pay legal attention--

Mr. Justice BEST.--We are bound to pay no attention to it.

Mr. COOPER.--My Lord, I only use it to show that other men have been of
the opinion which I have expressed to your Lordship and the jury. If
your Lordship insists on my not addressing myself to the jury upon it, I
know too well the deference that is due from me to the Bench to persevere
in attempting it.

Mr. Justice BEST.--No, I don't insist upon it. But, Mr. Cooper, can you
deceive yourself so much as to think this has anything to do with the
question? I shall tell the jury to pay no attention to it.

Mr. COOPER.--Your Lordship will make any observations your condescension
may lead you to make, as well on this as on any other part of the
defence. I believe the course which I wish to take was taken on a
similar occasion by a man who united the soundest and correctest judgment
with the brightest imagination--I mean Lord Erskine--he--

Mr. Justice BEST.--I knew him for thirty odd years at the bar, and I
never in all my life knew him address himself to points such as
these--that is all I can say. I know what is due to the liberty of the
bar, and I shall cherish a love for its freedom to the latest hour of my
life.

Mr. COOPER.--If your lordship refuses me--

Mr. Justice BEST.--No, I don't refuse you.

Mr. COOPER.--I think it necessary to my case. The preamble
is--(gentlemen, I am sorry to detain you, but I have a most important
duty to discharge. If in addressing you, I am taking a course which I
ought not, I assure you it is an error of judgment and not of design. I
declare most sincerely, that I am addressing to you arguments which I
should attend to if they were addressed to myself in such a case. His
Lordship will have a right to make what observations he pleases, and of
course I offer this and every other argument to you liable to the honour
he may confer upon me of condescending to notice anything I have said or
may say. You, gentlemen, will, I know, regard my observations or
arguments solely as you think them forcible or weak; if they are the
former you will attend