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The constitution does not say that the sovereign WILL do no wrong but, that he CAN do no wrong. Now, gentlemonikins, when a thing cannot be done, it becomes impossible; and it is, of course, beyond the reach of argument.
The court now called upon the attorney-general to reply; but that person appeared to think his case strong enough as it was, and the matter, by agreement, was submitted to the jury, after a short charge from the bench. "You are not to suffer your intellects to be confused, gentlemonikins, by the argument of the prisoner's counsel," concluded the chief-justice.
It is of no moment whether a person has a memory, if he cannot use it, and, in such a case, the legal presumption is, that he is without a memory; for, otherwise, nature, who is ever wise and beneficent, would be throwing away her gifts. "Gentlemonikins, I have already said you are the judges, in this case, of both the law and the fact. The fate of the prisoner is in your hands.
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