Mr. NUGENT then spoke to this effect:—­Sir, I know not for what reason the honourable gentleman has thought it convenient, to retard the deliberations of this house, by expatiating upon the falsehood and malignity of a pamphlet, of which the author is unknown, of which no man has attempted the vindication, and which, however diligently dispersed, or however generally credited, appears to have had no great influence upon the nation, nor to have produced any effects that might give just occasion to so tragical an outcry, to censures as vehement and bitter, as if the trumpet of rebellion had been sounded, as if half the people had taken arms against their governours, as if the commonwealth was on the brink of dissolution, and armies were in full march against the metropolis.

This pamphlet, with the rest of the people, I have read; and though I am far from thinking, that the censure of that honourable gentleman can make a defence necessary, since, indeed, be has contented himself with invective instead of argument, and, whatever he may disapprove, has confuted nothing:  and though I have no particular reason for exposing myself as the champion for this author, whoever he may be, yet I cannot forbear to affirm, that I read some passages with conviction, and that, in my opinion, they require a different answer from those which have been yet offered; and that the impressions which have been made upon the people, will not be effaced by clamour and rage, and turbulence and menaces, which can affect only the person of the writer, but must leave his reasons in their full force, and even with regard to his person, will have very little effect; for though some men in power may be offended, it will not be easy to quote any law that has been broken by him.

On this occasion I cannot but animadvert, I hope with the same pardon from the house, as has been obtained by the honourable gentleman whom I am now following, upon an expression in frequent use among the followers of a court, whenever their measures are censured with spirit and with justice.  The papers which they cannot confute, and which they have not yet been able to obtain the power of suppressing, are asserted to border upon treason; and the authors are threatened with punishments, when they have nothing to fear from a reply.

Treason is happily denned by our laws, and, therefore, every man may know when he is about to commit it, and avoid the danger of punishment, by avoiding the act which will expose him to it; but with regard to the borders of treason, I believe no man will yet pretend to say how far they extend, or how soon, or with how little intention he may tread upon them.  Unhappy would be the man who should be punished for bordering upon guilt, of which those fatal borders are to be dilated at pleasure by his judges.  The law has hitherto supposed every man, who is not guilty, to be innocent; but now we find that there is a kind of medium, in which a man may be in danger without guilt, and that in order to security, a new degree of caution is become necessary; for not only crimes, but the borders of crimes are to be avoided.