Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-03-31

be held responsible to the laws of the country to
carrying into effect that ordinance, which is op
pressiEe and destructive Of the rights OF portion
OF the people, cannot say, but believe that tn'
| day Is not far distant, when they VIII DC lei'
amenable, and to an earthly tribunal, too; WheI
they shall receive the condemnation not Of courts
only, but through the united voices Of all the ree
! people of the whole land
| Opinion of Chief Justice Parker
In 1926, General Thsodore Lyman Was tried
in the Supreme Court, in Boston, for a libel on
| Daniel Webster, before the late Chief Justice
\ Parker, II was a case of much interest to the
public aud the law, applicable to it, was careful
! ly considered From the report of the case, pub
lished in that year, we extract the charge OF the
Chief Justice, 50 far as it relates to the law OF
| criminal trials. 1t was, undoubtedly written
out by Judge Parker himself, and it will be seen
that its principles apply to all criminal cases =
1t has been truly said that no country where
there is free press and an educated people, can
remain long under despOtic goyernment-and
believe that no country without such press, how
ever popular may be its forms and institutions,
can long remain free. 1t is the sustaining, vital
principle of fceedom-it proclaims the wees ana
abuses Of government, the rights OF the citzeh,
the merits and dement's of rulers-and these are
its proper and legitimate Offices He who would
restrain 1t in the exercise of these functions, COM
mits treason against the fundaa entail principles
of civil liberty
Butthe press is not invested with the power or
right OF invading private character or OF clTcula-
ting falsehood against public or private men, II
may promulgate truth, however harsh ana Sc
we're, with good purpose, and with an honest
viewsto expose or reform but it cannot, with i'm
punity, under The garb of good motives and Justl-
fable ends, traduce and ealumuiate, Powerful as
the press is, il has MASTER that master Is the
LAW, which, when it transgrtsses its legitimate
bounds, will punish the transgression. II may be
difficult accurately to define these bounds; thsY
contract or extend with the subject about which
it treats-each case stands almost independ-
emily OF every other, depending upon the facts or
circumstances which belong TO it, and hence the
principle now universally acknowledged, in this
country, and ia England, that the jury, who are
selection from the people, shall determine the
Ahole case, both as to law and fact, by a general
verdict of guilty, or not guilty. unless they choose
to refer the matter of law the court in the form
of special UerRict.
There have been great controversies upon this
subject, and the highest order of talents eXeTcls-
ed upon it, Until quite recent period in Eng
lish history, the judges arrogated to themselves
the right to determine the criminality of an al
legged libel leaving to the jury the power only of
finding the fact of publishing, and the truth of
the inuendoes But. in the late reign of George
Ill, ny all VI lne NuOlS power VI
determining the facts and law has been vested in
the jury.
Ibelieye this was always the law with us; it
certainly is now 1t never could have been 9TH
erwise, in practice, whatever might be the theo-
Iy-=for the jury have always had the right to re-
turn general verdict which involves both law
anc fact, and, when there was an aequittal, there
was no power in the court to suspend or defeat
their verdict. With this popular guard over the
rights Of the press, and the rights of the citizen,
the system is safe from anything but occasional
errors, which, though tobe regretted, will
ly be able to produce general mischief. But the
jury have right to the advice and opinion of the
court upon all matters law arising in the course
OF the trial and, indeed, it is the duty of the
court to give such advice and opiuion, clearly and
distinctly, in order that the jury, with whom is
the final responsibility, shall not excuse them.
selves on the score of ignorance.
The decision of the cause, then, gentlemen,
rests entirely with you, and you must act with the
Intelligence and discretion which the occasion
demands"