William Sampson. nature and office of an advocate. To show that this is true, I shall resort to no other proof than his own words." (Quoting from the book.) "What the counsel has said there in the warmth of his argument, was spoken by Cato, the advocate of his clients; what is written in this book is written by Cato, the good citizen, the enemy of op pression, and the well tried patriot. Here spake the advocate, but there the man." Such is a very inadequate summary of this superb argument against the criminality of a mere combination not to work or an agree ment for non-feasance. It is a pity that it should have been in a measure wasted, for the Court having paid, " a handsome compli ment to the industry and ability of the coun sel on both sides, deferred its opinion till the ensuing session"; Mayor Clinton then not being present, and the aldermen not agreeing, it went over again; then Mayor Radcliff was in office, and a special term was appointed to hear it again, at which were present the new mayor, recorder Josiah Ogden Hoffman and alderman Nicholas Fish. It seems that on this second trial, Sampson, " at candle light, with sight so fatigued, and faculties so ex hausted and in a state of health so ill suited to exertion," and pleading that " the very cir cumstance of his having undertaken to report the former arguments, with all the tiresome labour of transcribing, compiling, and cor recting of the press, had effaced the livelier impressions of first conceptions, and must impart to what he should offer the vapid insi pidity of a tale twice told," contented himself with reading " the authorities from the print ed report," omitting " much the greater part from unwillingness to fatigue the attention of the jury already exhausted." Griffin on the next day came to the rescue of the common law by asking why " slaves cannot breath in England," and showing how the English, in contrast to the French, have always loved their laws. He did not however undertake to explain why the American colonists ran away from such beneficent institutions. Em met closed the argument, giving his compa
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triots handsome compliments, but declining to argue the law to the jury, on the ground that they could not understand it! The may or charged that the English conspiracy statu tes were in force in this State; that the con stitution of the society exposed a resort to compulsory and improper means to effect their end. There was nothing left for the jury to do but to bring a verdict of guilty, which they " shortly" did, and the court fined the prisoners one dollar each with costs! Thus tamely ended the first trade conspir acy case in this country. It is amusing to note that by the constitution of the society the entrance fee was forty-three and a half cents, and the monthly dues were six and a quarter cents; that when the funds amounted to " fifty dollars"they were to be deposited in the United States Bank, " not to be drawn on except in case of a stand out." These money amounts recall to us the time of the preva lence of Mexican and Spanish silvercurrency, and when a dollar went a great way. It is apparent from Sampson's own words on the re-argument that he had written out his speech for the press, and it is undoubt edly his version which is reported in the " Se lect Cases." Perhaps the reporter is not to be blamed for giving only summaries of the other arguments, but it seems a little cruel to say of Emmet's that " His address was such as the reporter would willingly lay before the public, did the limits prescribed to him ad mit of it; but the same reasons for which the speeches of the other counsel have been abridged must serve as his apology." He was peculiarly unfortunate with Colden's first argument, for the reporter destroyed Colden's notes, and Colden lost the reporter's version of it. So in the result, the canny and careful Sampson gets ninety pages in the report, while all his associates and antagonists to gether get only fifty-two! He did not choose to be judged by the adage, " ex pede Hcreulem" (or " ex pede Sampson"), nor like the modern Trilby, but put the whole body of his arguments in evidence. No one can com
