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leged communication is one made in good faith, a general verdict of not guilty under the law upon a subject matter in which the person and the facts. As a result of dissatisfaction making the communication has an interest or with this method of procedure, Parliament with reference to which he has or honestly (1792) passed what is known as the Fox Libel believes he has a duty to make such communi- Act by which it was provided that in prosecucation. The privilege may be absolute, as in tions for libel the jurors should be judges of the proceedings of legislative bodies, the official the law and the fact; and this anomalous proaction of executive officers, or proceedings in vision has been inserted into many of our courts or other judicial tribunals; or it may state constitutions with the result that in be qualified only, where the occasion requires such prosecutions it is said that the jurors or is reasonably believed to require that an may disregard the instructions of the court interested person make communication of the as to the law. Such a constitutional provision truth as he understands it and without mal is probably unnecessary as under the practice ice. Qualified privilege differs from absolute in this country the jury can not be deprived privilege in this important particular, that, as in any criminal case of the right to return a to the former, absence of malice is a fact to be verdict of not guilty which can not be set determined on the trial, while as to the latter aside or revised in any subsequent proceeding. the question of intent can not be inquired into, Newspaper Publications. The publishers of the purpose of the law being to prevent any newspapers are subject to the same rules as inquiry as to motive with the view of securing are applicable to any other publications. They perfect freedom in the discharge of legislative, are responsible in damages for untruthful and executive and judicial functions.
defamatory statements subject only to the Criminal Prosecutions.—The peace and good privileges of purpose and occasion which are order of society is presumed to be imperiled applicable in other cases. Within the general by defamatory publications in the nature of limits of privilege they have a wide latitude libel (but not usually by oral defamation) and in the discussion of public affairs or matters it is therefore regarded as criminal conduct of public interest. to publish defamatory matter which cal- Use of the Mails.—Under the express power culated to provoke another to wrath or expose given to establish post offices and post roads, him to public hatred, contempt and ridicule, Congress has authorized the Postmaster-Genas, for instance, by imputing misconduct in eral to exclude from the mails communications office or the commission of a criminal act or and publications detrimental to the general an act which is against morality or decency. welfare such as letters written for frauduIn criminal prosecutions for defamation the lent purposes, obscene literature and lottery truth is not a defence, for, in the absence of advertisements (see FRAUD ORDERS; LOTTERa proper occasion and motive, the publication IES). This is not an interference with freedom even of the truth may be detrimental to the of the press, although the discretion thus vestpublic welfare; but it is usually provided that ed in the postal department is not subject to even in criminal prosecutions the truth of the judicial review. Similar restrictions might no matter published may be shown.
doubt be imposed on interstate commerce. The publication of blasphemous, obscene or References: T. M. Cooley, Constitutional immoral matter may also be the subject of Limitations, (7th ed., 1903), 596–658; H. C. criminal punishment without regard to the Black, American Constitutional Law (3d ed., injury to any particular persons.
1910), 650-668; M. L. Newell, Libel and SlanLibels on government and seditious publica- der (2d ed., 1898); W. W. Willoughby, Contions were at one time, in England, the sub- stitutional Law (1910); E. McClain, Constituject of criminal punishment; but in the Unit- tional Law (2d ed., 1910), ch. xxxviii. As to ed States the fullest discussion of public af- federal restrictions on use of the mails, see Ex fairs is regarded as essential to the public wel- parte Jackson (1877), 96 U. S. 727; In re Rafare and criticisms of the government are not pier (1892), 143 U. 8. 110. Emlin McCLAIN. therefore punishable. But publications relating to conspiracies to subvert the government FREEDOM, PERSONAL. Primeval society or tending to incite the people to treason or consisted of groups, families or clans; and to rebellion are not within the constitutional this day in some ancient countries, particular. privilege. The sedition law passed by Congress ly China and Japan, an individual in the eye in 1798 was, however, obnoxious to public sen- of the law exists only as a part of some larger timent and was soon repealed.
group which is responsible for his conduct. Functions of the Jury.-In England an anom. The theory of western Europe, as early as we alous practice was pursued in the courts in have record, was of the separate freedom of prosecutions for libel of submitting to the jury the individual, or at least of the head of a only the question as to the fact of publication, family, who could be controlled in his actions while the court determined the character of the only by the state. This notion of personal publication as matter of law. This practice freedom gradually extended to adult mendeprived juries of the prerogative possessed children and women being until very recently, by them in ordinary criminal cases of finding looked upon as subject to the will of the
FREEPORT DOCTRINE-FREIGHT TRANSPORTATION, CLASSIFICATION OF father or husband, under protection of the his debate with Lincoln at Freeport, Illinois.
“It matters not,” said Douglas, "what way the The main exception to personal freedom is Supreme Court may hereafter decide as to slavery, and especially chattel slavery in which the abstract question whether slavery may or the person of the slave is looked upon as prop- may not go into a territory under the Constierty which can be bought, sold, and mortgaged tution; the people have the lawful means to (see SLAVERY AS A LABOR SYSTEM). Other re- introduce it or exclude it, as they please, for strictions are serfdom; vassalage; the liability the reason that slavery cannot exist a day or to pay taxes; the obligation of military serv- an hour anywhere unless it is supported by ice and obedience to military superiors; con- local police regulations.” He referred to "unfinement of the mentally unsound; restriction friendly legislation" as preventing the introon paupers; and punishment for crime by de- duction of slavery. See POPULAR SOVERpriring persons of their liberty for a term EIGNTY; REPUBLICAN PARTY; SLAVERY CONTROor for life.
Reference: T. C. Smith, Parties and In actual experience, personal freedom comes Slavery (1906), 233–235. A, C. McL. down to the following privileges: (1) to be free from the constraint of other individuals FREIGHT TRANSPORTATION, CLASSIFI. (excepting parental rights); (2) to move free- CATION OF. The assignment of all comly from place to place and state to state (sub-modities carried by railroads to a limited numjeet to regulation as to health); (3) to choose ber of classes, to avoid the fixing of a rate and to carry on one's calling (subject to for each separate commodity. The bases of general limitations to professions and classification are many, including such conskilled industries, and practically subject to siderations as weight, size, shape, risk, methrestrictions by trades union (see] ); (4) to own od of packing, and carload or less than carand control one's own property always under load shipment; but the significant and deterliability for taxation, and subject to the state's mining factor in freight classification is the eminent domain (see). The right to direct value of the service and what rate the comone's own life, subject only to restrictions modity, in view of all commercial conditions, laid down by previous law emanating from can reasonably bear. the community, is one of the great ideas under- Previous to the passage of the Interstate lying all modern government, and particular. Commerce Act in 1887, the number of classily American government.
fications in existence was very large. Nearly The rights of freedom are protected by bills all railroads had their own classifications apof rights (see) and other specific clauses of plicable to local traffic, and in addition there the state constitutions; by the principles of the were joint classifications with other roads. common law (see), where the state legislation Just previous to 1887, there were 130 distinct is silent; and by the guarantees of personal classifications in eastern trunk line territory freedom in the Federal Constitution, such as alone. This situation produced confusion in that no one shall be deprived of liberty with the minds of shippers and gave opportunity for out due process of law; that habeas corpus discriminating rates. shall not be suspended except in rebellion or The passage of the Interstate Commerce Act invasion; and that neither slavery nor involun- which prohibited unreasonable discriminations, tary servitude shall exist within the United the personal influence of the Commission and, States. The principal federal statutes for the above all, the realization by the railroads themprotection of freedom, are the Peonage Act of selves of the necessity for reform, led to a moveMarch 1, 1867, and the act to prevent kidnap- ment toward uniformity. Early in 1887, a ping of June 23, 1874. There is need of more classification had been adopted for official explicit and effective statutes for the preven- classification territory, effective north of the tion of the restraint and disregard of person. Ohio and Potomac, and in general east of the
Mississippi. During the next two years the See CITIZENSHIP; EMANCIPATION BY STATES ; | southern classification was adopted for the EMASCIPATION PROCLAMATION; INDENTURES region south of the Ohio and Potomac and east AND INDEXTED SERVANTS; PEONAGE; Rights of the Mississippi, and the western classificaAND REMEDIES ; SLAVERY AS A LABOR SYSTEM ; tion for the territory west of the Mississippi. SLAVERY CONTROVERSY; THIRTEENTH AMEND- Other classifications have since been adopted
which within limited areas either amend or References: T. M. Cooley, Constitutional displace the three mentioned. These local Limitations (6th ed., 1890), chs. xi-xiii; J. K. classifications include that of the TranscontiHosmer, Anglo Sacon Freedom (1890); Mabel nental Freight Bureau, effective on the Pacific Hill, Liberty Documents (1901); Bibliography coast, and those of a considerable number of in A. B. Hart, Manual (1908), SS 12, 13. state commissions. ALBERT BUSHNELL HART. Ever since 1887 there has been agitation by
shippers and persistent recommendation by FREEPORT DOCTRINE. The doctrine anthe commission that a uniform classification nounced by Stephen A. Douglas (see) during effective for the entire country be put in force.
FREMONT, JOHN CHARLES-FRENCH SPOLIATION CLAIMS
To the accomplishment of this end the rail. | REPUBLICAN PARTY. References: J. C. Fré. roads have frequently set to work, only to mont, Memoirs of My Life (1887); J. Bigelow, abandon their task again and again because Memoirs of the Life of John Charles Frémont of the apparent impossibility of harmonizing (1856); I. T. Martin, Recollections of Elizabeth the different sections of a country so Benton Frémont (1912); F. Grierson, Valley of tended and with such diverse industrial in- Shadows (1909).
W. MACD. terests. The fact that railroads in different sections withdraw from the classification im- FRENCH ALLIANCE (1778). See FRANCE, portant commodities peculiar to these sections DIPLOMATIC RELATIONS
WITH; NEUTRALITY and grant them lower, or so-called “commod. PROCLAMATION.
sale, is but an indication of the many difti- FRENCH PANAMA CANAL. French inter
culties and perplexing tangles which stand in est in the waterway across the narrow lands of the way of uniformity.
America goes back to Louis Napoleon's pam. Until the amendment of the Interstate Com- phlet of 1846, and was revived by De Lesseps merce Act in 1910, the Commission had no spe- after his successful construction of the Suez cific power to prescribe classifications, al. Canal. He acquired what was called the Bonathough the power had been exercised under its parte-Wyse concession made by Columbia in authority to prescribe rates since the amend- 1878. May 15, 1879, he summoned a congress ment of the act in 1906. For several years of geographers in Paris which decided that a committee of the carriers has been at work the Panama route was the best one. A French in an effort to devise a uniform classification. company, the Compagnie Universelle du Canal In its annual report for 1910, the Commission Interoceanique, was thereupon formed. Presistates that the committee has made progress, dent Hayes took alarm and in a public mesbut intimates that an order compelling uni- sage of 1880 laid down the doctrine that any formity will be necessary unless the desired future canal was "a part of our coast line,” but result is soon accomplished by voluntary action. the American people were not aroused, and were
See BILL OF LADING; DISCRIMINATION; IN- apparently willing that the French should risk TERSTATE COMMERCE DECISIONS.
their capital, leaving the ultimate question of Reference: Johnson and Huebner, Railroad control until it should become a live issue. Traffio and Rates (1911), I, ch. xvii; S. 0. Some steps were taken toward a rival NicaDunn, Am. Transportation Question (1912). ragua route and an American company was FRANK Haigh Dixon. chartered Feb. 20, 1889. In 1889 notwithstand
ing De Lesseps prediction that the canal would FRÉMONT, JOHN CHARLES. John C. be finished in a few years, the company broke Frémont (1813–1890) was born at Savannah, down and investigation showed that with an Ga., January 21, 1813. He excelled in mathe original capital of $393,505,100 including seven matical studies, and became an engineer. In annual subscriptions, nearly $400,000,000 had 1842 he undertook the first of five exploring been disposed of, yet only about one-third had expeditions which won for him the sobriquet actually been spent on the canal. The comof “The Pathfinder": (1) in 1842 exploring the pany was revived, however, and resumed work valley of the Platte from the Missouri to the on the canal in 1894; but in 1899 broke down Rocky Mountains; (2) in 1843–44 he reached finally and helplessly. June 28, 1902, the act the lower course of the Columbia, and visited became a law which provided that the United the Sacramento valley at Great Salt Lake; (3) States pay $40,000,000 cash to the French in 1846 he was sent to California, where he company for the rights, privileges and the un. took part in the Mexican War; but a quarrel finished canal. See CANAL DIPLOMACY; Cowith Kearny led to a courtmartial at Wash- LOMBIA, DIPLOMATIC RELATIONS WITH; PANAington and retirement from the Army; (4) in MA, REPUBLIC OF. References: House Erec. a fourth expedition, 1848–49, he explored the Docs., 46 Cong., 2 Sess., I, No. 1 (1881), ibid., upper Rio Grande and Gila rivers. (5) in 47 Cong., 2 Sess., No. 107 (1883); A. T. Ma1853–54 he surveyed a line for a road to the han, Influence of America on Sea Power, PresPacific, between the 38th and 39th parallels. ent and Future (1897); J. C. Rodriguez, PanIn 1851 he served three weeks as United States ama Canal (1885); J. H. Latané, Am. as a Senator from California. His fame as an ex- World Power (1907), ch. xii; Commission plorer led the Republicans to nominate him for d’etude instituté par le liquidateur de la ComPresident in 1856, but his electoral vote was 114 pagnie Universelle, Report (1890); bibliog. against 174 for Buchanan. In 1861 he received | raphy in Channing, Hart and Turner, Guide to a commission as major-general of volunteers, Am. Hist. (1912), § 257; A. B. Hart, Manual and served in Missouri; but his attempted (1908), § 84 (lect. 79).
A, B. H. emancipation of slaves was disavowed by Lincoln, and he was relieved from command. He FRENCH SPOLIATION CLAIMS. Claims of served again in 1864, and then resigned. From American merchants for retaliatory depreda1878 to 1881 he was governor of Arizona. He tions, including captures and confiscations by died at New York City, July 13, 1890. See the French from 1793 up to the quasi-war of
FRENEAU, PHILIP-FRONTIER IN AMERICAN DEVELOPMENT
ALBERT BUSHNELL HART.
1798, amounting to about $5,000,000 were, in | "French Spoliation Claims" in Am. Jour. of the treaty of 1800, held to be reserved for fur- Int. Law, VI (1912) 629. ther negotiation. The Senate struck out this clause from the treaty, and Napoleon therefore held that France was relieved from all responsibility. This was the virtual intention of the treaty; the abandonment of the claims was simply an offset against the release of the United States from the old treaty of alliance and commerce signed in 1778. Great pressure was put upon Congress to reimburse these claimants whose total estimate of loss was over $5,000,000. Some of the bills for that purpose reached the President and were vetoed. In 1885, the matter was referred by Congress to the Court of Claims which brought in awards of about $4,800,000, most of which was passed to the representatives of the old insurance companies.
FRENEAU, PHILIP. Philip Freneau (1752– 1832) was born at New York City, January 2, 1752. He made a voyage to the West Indies in 1780, and was taken prisoner by the British on his return: his experiences are described in his poem The British Prison-Ship, published in 1781. Subsequently he wrote patriotic articles and verses for the Freeman's Journal of Philadelphia. In 1790 he became editor of the New York Daily Advertiser. His abilities attracted the attention of Jefferson, who in 1791 gave him a position as translator in the Department of State. While holding this position he also edited the National Gazette, and in its columns made frequent violent attacks upon Hamilton and the Federalists. Hamilton accused Jefferson of approving, if not actually prompting, these attacks, but Jefferson, in a letter to Washington, denied responsibility for Freneau's course as editor. The connection with the National Gazette continued for two years, and thereafter Freneau did nothing of political importance. He died near Freehold, N. J., December 18, 1832. See ANTI-FEDERALIST. References: F. L. Pattee, COURT OF Poems of Philip Freneau (1902-3); S. E. ForRELATIONS man, Pol. Activities of Philip Freneau (1902); WITH; LOUISIANA ANNEXATION; MARITIME J. S. Bassett, Federalist System (1906), 46WAR; NEUTRAL TRADE.
A second set of spoliation claims of American citizens against France, amounting to $5,000,000 for special claim, was assumed by the United States and provided for to the amount of 20,000,000 francs out of the purchase money for Louisiana (see LOUISIANA ANNEXATION). A third group of spoliation claims arose from 1800 to 1812, amounting to about 25,000,000 francs, which was eventually settled and paid in 1836. See CLAIMS,
CLAIMS; FRANCE, DIPLOMATIC
References: T. H. Benton, Thirty Years' View (1854), I, 487-521; J. B. Moore, Digest of Int. Law (1906), V, 606-614, 1022-1026, Int. Arbitrations, V, 4399-4446; D. Webster, Works (1853), IV, 152–178; E. C. Mason, Veto Power (1891), 83, 84; Edward Everett, "Claims for French Spoliation" in No. Am. Rev., XXII (1824), 136-162; G. A. King,
FRIES' REBELLION. A name given to the uprising in eastern Pennsylvania, March 1799, under the leadership of John Fries in protest against the direct tax on houses levied by the preceding Federalist Congress. The harshness with which the uprising was put down made for Republican success in 1800. O. C. H.
FRONTIER IN AMERICAN DEVELOPMENT
Frontier Line. With the ever repeated entrance of the pioneers into successive areas of wilderness, American society has been continually beginning over again at the outer edge of settlement, from the earliest colonial days to our own time. This has been the fundamental | characteristic of American development; for the western advance has profoundly influenced the older sections, economically, politically, and socially.
speaking, of the population of two or more to the square mile. For the colonial era, Professor Edward Channing, in his History of the United States, supplies maps showing approximately the settled area in 1660, 1700, and 1760. In 1890 the superintendent of the census announced that "at present the unsettled area has been so broken into by isolated bodies of settlement that there can hardly be said to be a frontier line. In the discussion of its extent, its westward movement, etc., it cannot, therefore, any longer have a place in the census reports."
The American frontier has been unlike the fortified boundary line of many European frontiers; it has been the temporary boundary of an expanding society at the edge of substan- The frontier line depicted on these maps is tially free lands. The United States Census irregular, sometimes bounding peninsulas and Office in its maps of density of settlement at islands of exceptionally advanced settlement as each decade from 1790 to 1890 laid down as on the lower Missouri, sometimes restrained the "frontier line," the boundary, roughly by wilderness areas intruding like bays or is
FRONTIER IN AMERICAN DEVELOPMENT
lands in the settled area, as the Adirondacks. Frontier Zones.—There has been a series of These irregularities illustrate the fact that the military frontiers, palisaded forts, and then advance of the frontier has been retarded by United States army posts in proximity to the various factors such as physiographic obstacles, Indian country; but more significant in Amerinative tribes and, in a slight degree, by the op- can growth, is the aspect of the frontier as posing colonists of other nations; while, on the the index line of social development. The adother hand it has been advanced by the attrac-vance of settlement has occurred in a series of tion of exceptional natural resources, lines of waves, often roughly corresponding to the least resistance, such as valleys and areas un- stages of industrial society. The census maps held by the Indians, as well as by the inherent of density of population at successive decades, expansive energy of the people behind the exhibit in different shades six groups of denfrontier.
sity. “The first group, that containing less This expansive energy depends partly upon than two inhabitants to the square mile is the adaptability of the economic life of the regarded as unsettled area, and represents a people to frontier conditions, partly upon the petty population made up of hunters, trappers, demand of an increasing population for cheap fishermen, lumbermen and miners, scattered er lands, partly upon the demand for special over wide stretches of country.” Exploiting natural resources such as mines, and partly natural resources by the simplest means, this upon the optimistic and adventurous spirit of wave of advance naturally preceded the others the different peoples who settled various parts far into the Indian country. The second group of the American frontiers. As the United (2 to 6 inhabitants to the square mile) roughly States grew in resources and power the nation represents the area of the pioneer farmer and al forces precipitated themselves upon the re- rancher. The third group (6 to 18 inhabitants) maining wilderness in large masses and with is characterized by more advanced farming out the preliminary skirmish lines of primi- methods, and the fourth group (18 to 45 intive conditions, and thus created a new type of habitants) “represents a population essenfrontier.
tially devoted to agriculture, but in which Frontier Characteristics. In popular speech manufactures and commerce have commenced the American frontier is not a line, but that to make some progress. The fifth and sixth zone of settlement nearest the wilderness, groups represent a population which relatively wherein society and government are loosely or to agriculture is largely engaged in manufacincompletely organized. Here individualism ture and commerce and in both of which a and economic self-sufficiency are in evidence. goodly proportion of people live in small towns Extra-legal associations such as regulators, or cities." (See POPULATION OF THE UNITED squatter associations, claim associations (see), STATES.) vigilance committees and mining camp tribu- There is, thus, the frontier of the Indian nals, mark spontaneous efforts of the frontiers-trader, of the rancher, the miner, the pioneer men to supply institutions adapted to their farmer, the more advanced farmer, the town needs in advance of the coming of formal and small city manufacturer, and of the large legal institutions, or to supplant them when city and great manufacturing centers. Speaking they have broken down or have fallen into generally, each of these frontiers has bee the hands of disorderly elements. In the cessively advanced to the ground formerly ocAmerican advance of settlement formal au- cupied by its predecessor, and American ecothority has arrived more tardily on the fron-nomic, political and social life, has been chieftier than has been the case in European and ly the resultant of these successive changes. Canadian advance into new countries. Lack Political leaders have often adjusted their polof restraint, indifference to the customs of icy to the transformation of their section. older societies, acceptation of the “personality Successive Changes.--As each of these fronof law," and the adoption of the most direct tiers of social change has advanced into new and effective course to achieve the desired ob-areas, with the spread of settlement, it has ject, regardless of formalities, have been char- retained many of the characteristics of its acteristic of the frontier and have survived in former area, but ha undergone modifications western regions after the frontier has passed due to the different physical conditions of the on. This frontier tendency has been empha- new location, such as the change to a prairie sized by the need of dealing with the adventur- area from a forest area; or to the general ous and sometimes criminal elements which changes incident to the different period. New escaped from the restraints of more settled economic and social institutions have been society. The blood feud, the reliance of the called out by new conditions, or old institufrontiersmen upon their own weapons for de- tions have been shaped to new uses. The fronfence, the speculative and reckless spirit indi- tier zone has been a region of experiment and cated in an exaggerated form by the gambling adaptation, and thus a creative influence in houses, the "wide-open town," the bandit and American development. Along the changing the “bad man,” have marked the American fron- frontier, custom could not crystallize, society tier at times, but have been least in evidence could not stratify, and the existence of the in the zone of the agricultural frontiersman. frontier operated to restrain these tendencies