have been delivered and had; but if there is evidence that no money has been had and delivered, there can be no obligation to return or pay any. If there is writing against writing, document against document, the last dated cancels the former ones. But in the present case the last writing is that of Du Jonquay and his mother, and it states that the opposite party in the cause never received from them a hundred thousand crowns, and that they are cheats and impostors.

What! because they have disavowed the truth of their confession, which they state to have been made in consequence of their having received a blow or an assault, shall another man's property be adjudged to them?

I will suppose for a moment (what is by no means probable), that the judges, bound down by forms, will sentence the general to pay what in fact he does not owe;—will they not in this case destroy his reputation as well as his fortune? Will not all who have sided against him in this most singular adventure, charge him with calumniously accusing his adversaries of a crime of which he is himself guilty? He will lose his honor, in their estimation, in losing his property. He will never be acquitted but in the judgments of those who examine profoundly. The number of these is always small. Where are the men to be found who have leisure, attention, capacity, impartiality, to consider anxiously every aspect and bearing of a cause in which they are not themselves interested? They judge in the same way as our ancient parliament judged of books—that is, without reading them.

You, sir, are fully acquainted with this, and know that men generally judge of everything by prejudice, hearsay, and chance. No one reflects that the cause of a citizen ought to interest the whole body of citizens, and that we may ourselves have to endure in despair the same fate which we perceive, with eyes and feelings of indifference, falling heavily upon him. We write and comment every day upon the judgments passed by the senate of Rome and the areopagus of Athens; but we think not for a moment of what passes before our own tribunals.

You, sir, who comprehend all Europe in your researches and decisions, will, I sincerely hope, deign to communicate to me a portion of your light. It is possible, certainly, that the formalities and chicanery connected with law proceedings, and with which I am little conversant, may occasion to the general the loss of the cause in court; but it appears to me that he must gain it at the tribunal of an enlightened public, that awful and accurate judge who pronounces after deep investigation, and who is the final disposer of character.