ersons of color, insubordination, violence, and
rebellion, and to stir up war and insurrection between the said slaves
and their said masters, published the said libels, containing among
other things divers false, malicious and seditious matters, of and
concerning the laws and Government of the United States in the said
District, and of and concerning the citizens of the United States
holding slaves in the said District, and of and concerning the said
slaves and free persons of color, and their labor, services, and
treatment, and the state of slavery in the said District.

The defendant pleaded not guilty.

_The District Attorney_ opened the case for the Government. He said
this was a serious and important charge of publishing inflammatory
and seditious libels, which was always an indictable offence. In this
particular case, situated as the population of the District is, it
was peculiarly dangerous and atrocious. In point of law, it would be
necessary to prove a publication; that the prisoner did in some way
or other exhibit or circulate one or more of the libels; and with that
view he should connect evidence that he was found with many similar
libels of a most dangerous and inflammatory tendency, with the words
"_read and circulate_" upon them, in writing which Crandall admitted to
be his own handwriting; and that he gave different and contradictory
accounts of how he came by them, and how they came here in his
possession. Also, that similar libels were dropped into the post-office,
and sent by nobody could tell whom, to almost every body in the
District. After proving these facts, he said he should carry the libels
before the jury, and let them judge whether the prisoner could have been
here with any good motive, or have such a mass of obnoxious papers with
any good purpose.

_Mr. Coxe_ wished to state, at the outset, what he understood to be the
law. The libels charged were not upon individuals, nor the Government,
but were said to be designed to excite the whole community; and
therefore publication or circulation with the intent charged, would
be necessary to sustain the prosecution. Possession, however bad or
dangerous the libels might be, was no crime; any man might have and keep
the worst libels with entire innocence; and in this case, it would be
no evidence of malicious or dangerous intent that he loaned or gave one
to respectable individuals, who would not be injured and would not do
any injury to others.