, 1881-01-16


been denied to us. We do not remember, and
perhaps some Of us never knew, that it Is the
youngest born Of all our great privileges. The
freedom Of tho press Us 1t Is now enjoyed Is not
100 years old. That freedom hns been achieved
by the joint action of the press itself, the Bar.
and jnries, ar and a., IN the great majority Of in
6entaffres Of the Government upon the bench.
Down within the last twcnty-fly years OF En-
g(ish history the bench has been hostile to the
freedom of the press, aud even. in this country,
following moldy precedents and old aud dishon-
orubie traditions, even great Judges haze fafied
to note the spirit Of the are IN which toy lived,
and would hamper the press in the enjoyment Of
those privileges, the surest cuarantecs for con-
tinued freedom OF thought and speech aud ncdon.
Not many 5ear5 ago, and throughout nearly
the whofe of the eighteenth century, the courts
OF law in Great Britain, as tho exponcnts OF
morality and duty to the Government, could and
did, as the law WIS then understood and admin
fstered, declare any writing criminal which they
saw tit. The contest for the freedom Of the
press WAS waged first in Great Drituin, and that
freedom has been trausplauted to this country.
Among all lawyers the name of Lord Mansfield
is held III the highest veneration. but even as
law to be that ali the jury had to consider was
whether the defendant had published the letter
set out In the Information, aud that whether the
ton Of law, for the Court alone 10 determine.
This ruling raised great comuaohon, aud fol-
lowing it ID the famous case Of the Dean Of St.
that great lawyer Erskiue conducted the de-
fense, this sentiment was announced by the
JnuKe from the Oencn. WHICH IN this day would
be regarded as atrocfous. and In which be, de-
clared to the jury that IT they were satisfied
that the defepdeut published the pamphlet
they mus. ind him guilty of libel. Ali theee
led to the famous Libel bill, which gave to the
Jury the privilege Of taking into consideration
the character and tendency Of the paper alleged
to be tbeious. This bill BECAME law ia Tas:
and yet, SO thoroughly grounded in their own
old notions had the Courts becune, great Judges
sought to avoid 1t By themselves Volunteering
expressions OF opinion; and In one notable case
under that act, Lord Kenyon in charging the
jury, said to them In speaking Of the alleged
libeous article, g consider 1t a gross and
eeditious libel The Jury were too much Tor
Lord Kenyon, and. under Nr. Fox's Libel
bill, OF which Mr.: Erskinc was the real author
found the defendant not guilty. Another yrrv
RreaI English Judge, Lord Elienborounh, On the
prosecution Of that famous writer Leigh Ht1nt.
tuok occasion to declare that he had no doubt
that the libel was published with the intention
imputed to it, aud that 1t was entitled to the
character given to It in the Information: not.
vlthstandfng which, however, to the Judge sun
speakablc modification, the Jury returned
verdict Of not guilty Afterwa rds IN the famous
trials of Hone forlibcl, based upon purodies Of
q political character, Lord Peterborough took
occason to sny in the presence of the Jury, 'I
pronounce it to be most impious aud profaue
libel" Notwithstanding which the Jury found
N6 reaI ind substantial change was effected III
British jurisprudence until the Year LIS, When