The free lance. (Fredericksburg, Va.) 1885-1926, 1899-08-03

for libel the jury had nothing 10 de.
termine but the fact Of writing ard
publishing. and that they could not de.
eide whether the pul location was libel.
GUS or not The doctrine was laid
down by Lord Mansfield IN the trial ~
the printers OF the Moth Bat ON
that II was the province Of the court
alone 10 Judge u the crimiusliy # a
libel Five years l,ter the same doe.
trine was announced by the same Judge
IN two mem ratl. cases viii h greW ut
Of the publication IN the Morning
Advertiser on the 18th II December.
1869 Of the celebrated letters If
Junius addressed to the King Again
on the trial Of WOodfall IN June, no
the same judge told tue jury that a,
for the intention, the malice, the sedl
tion or any other harder words which
might be given In infolm Ons for libel,
public or private they were mere formal
words. mere words Of course, mere IN
ferences Of law with which the jury
were not - )clncern themselves These
doctrines announced By lord Mansh'ld
50 utterly subyersiye Of the immemorl !
right Il ulsl bg jury, created a pro-
1
They were severely criticised and de-
nounced in the letters # Junius and IN
parliament by Lord Chatham, Edmund
Burke and others. When the Dean Of
ST. Asaph was tried ard convicted Of a
libel for recommending a harmless lit.
tie tract entitled Dialogue between
a farmer and a gentleman, written
for the promotion Of Parliamentary ke'
form, he was represented by Erskine.
In arguing for new trial IN that case
in 1854. Erskine delivered before the
Judges with Lord Mansfield at their
head, an argument pronounced by Fox
TO be the finest In the EDlish language
He declared that the defendant " had
had in fact no trial, having been found
guilty without any Investigation OF his
guilt and without any power left TO the
Jury % take cogniZance OF his lnuo-
cence " His profound and luminous
argument made no impression upon the
Judges 70 whom il WAS addressed. but
1t stirred the hearts Of the English
people 10 their inm0st depths. The re-
/ sult was the enactment by Parliament
Of the statute 32 George III, known as
| the Fox Libel Act, which expressly
provided that in all criminal prosecu-
tion for libel the jury were 10 decide
/ the question OF libel or no libel liver
since the passage Of that act the En-
glish press has been free and the fist
amendment Of the federel constitution
adopted not along after the events ln
England to which l have sdverted.
provides that Congress shall make no
law ''abridging the freedom OF speecn
or Of the press " As Thomas Erskine
was foremost in the defense Of Eoglish
liberty so Patrick Henry, Virgins
lawyer, took the lead in resisting the
exercise Of arbitrary power by thF
Mother Country His heaven-borr
eloqueuce fired the hearts Of the people
and melted them 10 revolution by the
proclamation Of the eternal truth thai
resistance 10 tyrants is obedience tC
| God. " On the goth OF May, 1850, IN
the the House of Burgesses, he offered
those memorable resolutions which
claimed for the General Assembly the
exclusive power 10 lay taxes and I'M
ports upon the inhabitants Of the Ool-
/ Ony. and denounced the Stamp Act
which had just been passed by Psrlla'
ment, as illegal, unconstitutional. un'
! lust and having a manifest tendency to
/ destroy British as well as American
| liberty. He represented Virginia In
the Continental Congress Of INA, to
which be was sent as delegate with
Peyton Randolph, Richard Henry Lee,
Richard Bland, Benjamin Harrison,
Edmund Pendleton and George Wash
ington. In May, l715, at the head Of
volunteers from Hanover and other
counties, he marched against Governor
Dunmore and compelled him TO
pay for the gunpowder he had
taken from the magazine at Williams
burg. On the 29th Of June, 1716,
he was elected the first Governor OF
| Virginia under her first constitution.
/ Although Mr.. Henry was the idol OF
the people, and could have been easily
elected at any time 10 any Office in
| their gift he was in no sense an Office
seeker. This is abundantly shown by
the fact he etlined the office of U.
| S. Senator 10 which he was elected In
1894. He declined the Office OF Cover
nor of Virginia to which he was elect
ed in 1896 He declined the Office OF
Secretary Of State and also OF Chief
Justice of the Supreme Court Of the
United States rendered TO him by
President Washington and he declined
che office Of Minister to France, tender.
ed to him by President Adams. Bat
| notwithstanding his love for retire
ment and his aversion to office, he felt
constrained, by sense Of public duty.
TO appear in the great convention OF
intellectual giants that assembled at
Richmond on the 2nd of June, 1888, TO
consider the question Of the ratification
or rejection of the Federal Constitu-
tion adopted at Philadelphia. Like a
great political prophet, as he was. he
foresaw and foretold the lurking dan
gers in that instrument, which threat
ened the liberties Of individual citizens
and the rights Of sovereign states. Be-
fore the ratifation Of the Constitution
by Virginia, he advocated aud by the
weight OF his personal character and
the power Of his matchless eloquence.
be securued the promise of several
amendments. the wisdom of which has
been fully vindicated by subsequent
| events in the history of the country.
In March, 1899, Mr. Henry made his
last appearance before the public at
Oharl )tte Court House, in celebrated
debate with that brilliant and eccentric
genius John Randolph, of Roanake. 1t
is sufficient to say Of his speech on that
occasion that it was worthy Of his great
renown as an orator. His countrymen, as
they listened spellbound and entranced,
beheld with wonder and admiration the
setting in all its glory of that sun that
had blazed upon them in meridian
splendor. A writer in describing the
scene. exclaims, Happy people OF
Charlotte It was your los to behold
the bright, golden sunset OF the great
luminsry whose meridian power melted
away the chains of British despotism.
and withered up the cankered heart OF
disaffected Toryism. Then turning
with fearful eyes from the last rays OF
the sinking orb to hail dawning on the
same horizon another sun just spring
ing. as it were, from the night OF chaos.
mounting majestically into his destined
sphere and driving chaos and darkness
before his youthful beams. " Mr.. JEFF.
ferson considered Patrick Henry the
greatest orator that ever lived. Mr.. Ma.
.on said ha was the most n0wafful