New York and Its Institutions, 1609

Hamilton admitted their publication, and proposed to introduce the full evidence of their truthfulness. To this the attorney-general objected, claiming that the truth of a libel could not be taken in evidence, and that a libel became all the more dangerous because of its truthfulness. The fact of publication having

The Kipp Bay House and Home of Major Andre
During His Treasonable Correspondance with Arnold.

been now fully admitted, and all evidence on the part of the defence being summarily ruled out by the court, nothing remained but for the counsel to sum up the case for their respective clients. Hamilton proceeded in a bland and eloquent manner to state the case, after which he labored to impress upon the jury that they were to be judges of the law, as well as of the facts in the case, and that they were not to be trammelled by the interpretation of the court. Hamilton''s address was so ingenious and pertinent that we cannot forbear introducing a few extracts from it.

"If, " said he, "a libel is understood in the large and unlimited sense urged by Mr. Attorney, there is scarce a writing I know of that may not be called a libel, or scarce any person safe from being called to account as a libeller; for Moses, meek as he was, libelled Cain, and who is it that has not libelled the devil; for, according to Mr. Attorney, it is no justification to say that one has a bad name. Echard has

Old City Hall in Wall Street.

libelled our good King William. Burnet has libelled, among others, King Charles and King James, and Rapin has libelled them all. How must a man speak or write, or what must he hear, read, or sing, or when must he laugh, so as to be secure from being taken up as a libeller. I sincerely believe that were some persons to go through the streets of New York nowadays and read a part of the Bible, if it were not known to be such, Mr. Attorney, with the help of his innuendoes, would easily turn it to be a libel. As, for instance, the sixteenth verse of the ninth chapter of Isaiah: 'The leaders of this people [innuendo, the Governor and Council of New York] cause them [innuendo, the people of this province] to err; and they [meaning the people of this province] are destroyed' [innuendo, are deceived into the loss of liberty, which is the worst kind of destruction].