Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1910-06-22


with universal applause, and no
doubt the great name of Junlus
aroused much Of the public interest
which was manifested in these cases.
But they also involved an important
constitutional principle and their
trial was, therefore, attended by an
Intense public excitement. The ques-
ton was an important one, brought
into requisition the talent and learn
Ing OF some of the most distinguish
ed men of England.
Forensic Victory.
1t may not be an uninteresting di-
gressfon to say that no man ever
on a more splendid forensic victory
than that which was achieved by
Lord Camden over TIE great Lord
Mansfield, when he challenged him
to discussion Of his law of libel.
Lord Camden had said that If he
could obtain copy Of the opinion,
and 1t should appear to him contrary
to the known and established prin-
c1ples OF the constitution he would
not scruple to tell the author of his
mistake boldly and openly in the
House OF Lords. Lord Mansfield
thereupon caused copy of the opin-
ION In the case Of Woodfall to be
iiled with the assistant clerk of the
House.
Lord Camden, after inspecting 1t,
said that he considered this action
as challenge directed to him per-
sonally, and that h accepted 1t.
He (Lord Mansfield has thrown
down the gauntlet, and take it up.
His doctrine Is not the law of Eng
land, and | am ready to enter into
the debate whenever the noble lord
| VIII 1lX date for it. | desire and
| insist that 1T shall be an early one"
LORD Mansfield was much confused
by the questions propounded by
LORD Camden rs the basis of the de-
pate. Aware OF the strong alliance
which existed between Lord Camden
ana Lord Chatham, who would be
aided by the Duke of Richmond and
other allies, and that he himself had
no one to give him !he slightest as
sistancc in the debate, his courage
iorsook him, and he seemed so much
distressed that the matter was al
lowed to drop.
| Libel Bill
Lord Mansfield himself lived TO
see the day when his doctrine on
this subject was subverted by Mr..
FoX's libel bill, and that bill and
Lord Campbell's libel bill which was
subsequently passed have settled the
law of libcls subsequently passed and
have settled the law Of libels sub
Stanlially upon its present basis. The
| important constitutional principle
thus established is contained in Sec
lion s OF the Declaration of Rights,
Article !, of our present State Consti-
tuition, which, among other things,
declares that in all indictments for
libel the juries shall be judges of the
law and the facts, doctrine which
is now universally recognized in this
country.
| These three cases which led TO
this result have passed into history,
and although John Miller, the sub
ject OF this sketch, was only de-
iendant in one OF these prosecutions,
IN which he was sought to be vic
timiZcd by an administration which
Of
gcrous to the safety of the State, yet
even in this capacity he is entitled
to his share of the celebrity these
cases have acquired. His name has
been thus associated with the settle
ment of very important constitu-
iional question. and with the free
dom Of the press.
Disguised, no doubt, with a coun-
try whore it was deemed criminal to
publish an appeal to the King to me-
diatc between his ministry and the
people; and to afford his subjects
that redress they were entitled TO de-
| mand, he left his native shores and
arrived in Philadelphia in january.
| iS", shortly after the news OF the
evacuation OF Charleston in Dccem-
Der, 1852, had been received in Eng
land. Our delegation in Congress at
that time consisted Of Edward Rut-
ledge, Thomas Haywood, Thomas
and Arthur Middleton, and by them
he was sent to Charleston to be
printer to the State. There he com
mehced the publication of the South