Page:American History Told by Contemporaries, v2.djvu/225

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No. 72]
A Prosecution
197

Safety. And as we are denied the Liberty of giving Evidence, to prove the Truth of what we have published, I will beg Leave to lay it down as a standing Rule in such Cases, That the suppressing of Evidence ought always to be taken for the strongest Evidence ; and I hope it will have that Weight with you. . . .

. . . It is true in Times past it was a Crime to speak Truth, and in that terrible Court of Star-Chamber, many worthy and brave Men suffered for so doing ; and yet even in that Court, and in those bad Times, a great and good Man durst say, what I hope will not be taken amiss of me to say in this Place, to wit, the Practice of Informations for Libels is a Sword in the Hands of a wicked King, and an arrand Coward to cut down and destroy the innocent] the one cannot, because of his high Station, and the other dares not, because of his Want of Courage, revenge himself in another Manner.

Mr. Attorney, Pray Mr. Hamilton, have a Care what you say, don't go too far neither, I don't like those Liberties.

Mr. Hamilton, Sure, Mr. Attorney, you won't make any Applications ; all Men agree that we are governed by the best of Kings, and I cannot see the Meaning of Mr. Attorney s Caution, my well known Principles, and the Sense I haye [have] of the Blessings we enjoy under his present Majesty, makes it impossible for me to err, and I hope, even to be suspected, in that Point of Duty to my King. May it please Your Honour, I was saying, That notwithstanding all the Duty and Reverence claimed by Mr. Attorney to Men in Authority, they are not exempt from observing the Rules of common Justice, either in their private or publick Capacities ; the Laws of our Mother Country know no Exception. . . .

I hope to be pardon'd, Sir, for my Zeal upon this Occasion : It is an old and wise Caution, That when our Neighbour s House is on Fire, we ought to take Care of our own. For tho', blessed be God, I live in a Government where Liberty is well understood, and freely enjoy'd ; yet Experience has shewn us all (I'm sure it has to me) that a bad Precedent in one Government, is soon set up for an Authority in another ; and therefore I cannot but think it mine, and every Honest Man's Duty, that (while we pay all due Obedience to Men in Authority) we ought at the same Time to be upon our Guard against Power, wherever we apprehend that it may effect Ourselves or our Fellow-Subjects.

I am truly very unequal to such an Undertaking on many Accounts. And you see I labour under the Weight of many Years, and am born down with with great Infirmities of Body; yet Old and Weak as I am,