FREEDOM, PERSONAL

with this method of procedure, Parliament (1792) passed what is known as the Fox Libel Act by which it was provided that in prosecutions for libel the jurors should be judges of the law and the fact; and this anomalous provision has been inserted into many of our state constitutions with the result that in such prosecutions it is said that the jurors may disregard the instructions of the court as to the law. Such a constitutional provision is probably unnecessary as under the practice in this country the jury can not be deprived in any criminal case of the right to return a verdict of not guilty which can not be set aside or revised in any subsequent proceeding.

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 reference to which he has or honestly believes he has a duty to make such communication. The privilege may be absolute, as in the proceedings of legislative bodies, the official action of executive officers, or proceedings in courts or other judicial tribunals; or it may be qualified only, where the occasion requires or is reasonably believed to require that an interested person make communication of the truth as he understands it and without malice. Qualified privilege differs from absolute privilege in this important particular, that, as to the former, absence of malice is a fact to be determined on the trial, while as to the latter the question of intent can not be inquired into, the purpose of the law being to prevent any inquiry as to motive with the view of securing perfect freedom in the discharge of legislative, executive and judicial functions.

Newspaper Publications.—The publishers of newspapers are subject to the same rules as are applicable to any other publications. They are responsible in damages for untruthful and defamatory statements subject only to the privileges of purpose and occasion which are applicable in other cases. Within the general limits of privilege they have a wide latitude in the discussion of public affairs or matters of public interest.

Criminal Prosecutions. The peace and good order of society is presumed to be imperiled by defamatory publications in the nature of libel (but not usually by oral defamation) and it is therefore regarded as criminal conduct to publish defamatory matter which is 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 ineral to exclude from the mails communications office or the commission of a criminal act or an act which is against morality or decency. In criminal prosecutions for defamation the truth is not a defence, for, in the absence of a proper occasion and motive, the publication even of the truth may be detrimental to the public welfare; but it is usually provided that even in criminal prosecutions the truth of the matter published may be shown.

The publication of blasphemous, obscene or immoral matter may also be the subject of criminal punishment without regard to the injury to any particular persons.

Libels on government and seditious publications were at one time, in England, the subject of criminal punishment; but in the United States the fullest discussion of public affairs is regarded as essential to the public welfare and criticisms of the government are not therefore punishable. But publications relating to conspiracies to subvert the government or tending to incite the people to treason or rebellion are not within the constitutional privilege. The sedition law passed by Congress in 1798 was, however, obnoxious to public sentiment and was soon repealed.

Functions of the Jury.-In England an anom. alous practice was pursued in the courts in prosecutions for libel of submitting to the jury only the question as to the fact of publication, while the court determined the character of the publication as matter of law. This practice deprived juries of the prerogative possessed by them in ordinary criminal cases of finding

and publications detrimental to the general welfare such as letters written for fraudu lent purposes, obscene literature and lottery advertisements (see FRAUD ORDERS; LOTTERIES). This is not an interference with freedom of the press, although the discretion thus vested in the postal department is not subject to judicial review. Similar restrictions might no doubt be imposed on interstate commerce.

References: T. M. Cooley, Constitutional Limitations, (7th ed., 1903), 596-658; H. C. Black, American Constitutional Law (3d ed., 1910), 650-668; M. L. Newell, Libel and Slander (2d ed., 1898); W. W. Willoughby, Constitutional Law (1910); E. McClain, Constitutional Law (2d ed., 1910), ch. xxxviii. As to federal restrictions on use of the mails, see Er parte Jackson (1877), 96 U. S. 727; In re Rapier (1892), 143 U. S. 110. EMLIN MCCLAIN.

FREEDOM, PERSONAL. Primeval society consisted of groups, families or clans; and to this day in some ancient countries, particularly China and Japan, an individual in the eye of the law exists only as a part of some larger group which is responsible for his conduct. The theory of western Europe, as early as we have record, was of the separate freedom of the individual, or at least of the head of a family, who could be controlled in his actions only by the state. This notion of personal freedom gradually extended to adult menchildren and women being until very recently, 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. state.

The main exception to personal freedom is slavery, and especially chattel slavery in which the person of the slave is looked upon as property which can be bought, sold, and mortgaged (see SLAVERY AS A LABOR SYSTEM). Other restrictions are serfdom; vassalage; the liability to pay taxes; the obligation of military service and obedience to military superiors; confinement of the mentally unsound; restriction on paupers; and punishment for crime by depriving persons of their liberty for a term or for life.

"It matters not," said Douglas, "what way the
Supreme Court may hereafter decide as to
the abstract question whether slavery may or
may not go into a territory under the Consti-
tution; the people have the lawful means to
introduce it or exclude it, as they please, for
the reason that slavery cannot exist a day or
an hour anywhere unless it is supported by
local police regulations." He referred to "un-
friendly legislation" as preventing the intro-
duction of slavery. See POPULAR SOVER-
EIGNTY; REPUBLICAN PARTY; SLAVERY CONTRO-
Reference: T. C. Smith, Parties and
Slavery (1906), 233–235.
A. C. McL.

VERSY.

In actual experience, personal freedom comes 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 numject to regulation as to health); (3) to choose and to carry on one's calling (subject to general limitations as to professions and skilled industries, and practically subject to restrictions by trades union [see]); (4) to own and control one's own property always under liability for taxation, and subject to the state's eminent domain (see). The right to direct one's own life, subject only to restrictions laid down by previous law emanating from the community, is one of the great ideas underlying all modern government, and particularly American government.

The rights of freedom are protected by bills of rights (see) and other specific clauses of the state constitutions; by the principles of the common law (see), where the state legislation is silent; and by the guarantees of personal freedom in the Federal Constitution, such as that no one shall be deprived of liberty without due process of law; that habeas corpus shall not be suspended except in rebellion or invasion; and that neither slavery nor involuntary servitude shall exist within the United States. The principal federal statutes for the protection of freedom, are the Peonage Act of March 1, 1867, and the act to prevent kidnap. ping of June 23, 1874. There is need of more explicit and effective statutes for the prevention of the restraint and disregard of personal liberty.

See CITIZENSHIP; EMANCIPATION BY STATES; EMANCIPATION PROCLAMATION; INDENTURES AND INDENTED SERVANTS; PEONAGE; RIGHTS AND REMEDIES; SLAVERY AS A LABOR SYSTEM; SLAVERY CONTROVERSY; THIRTEENTH AMEND

MENT.

References: T. M. Cooley, Constitutional Limitations (6th ed., 1890), chs. xi-xiii; J. K. Hosmer, Anglo Saxon Freedom (1890); Mabel Hill, Liberty Documents (1901); Bibliography in A. B. Hart, Manual (1908), §§ 12, 13.

ALBERT BUSHNELL HART.

FREEPORT DOCTRINE. The doctrine announced by Stephen A. Douglas (see) during

ber of classes, to avoid the fixing of a rate for each separate commodity. The bases of classification are many, including such considerations as weight, size, shape, risk, method of packing, and carload or less than carload shipment; but the significant and determining factor in freight classification is the value of the service and what rate the commodity, in view of all commercial conditions, can reasonably bear.

Previous to the passage of the Interstate Commerce Act in 1887, the number of classifications in existence was very large. Nearly all railroads had their own classifications applicable to local traffic, and in addition there were joint classifications with other roads. Just previous to 1887, there were 130 distinct classifications in eastern trunk line territory alone. This situation produced confusion in the minds of shippers and gave opportunity for discriminating rates.

The passage of the Interstate Commerce Act which prohibited unreasonable discriminations, the personal influence of the Commission and, above all, the realization by the railroads themselves of the necessity for reform, led to a movement toward uniformity. Early in 1887, a classification had been adopted for official classification territory, effective north of the Ohio and Potomac, and in general east of the Mississippi. During the next two years the southern classification was adopted for the region south of the Ohio and Potomac and east of the Mississippi, and the western classification for the territory west of the Mississippi. Other classifications have since been adopted which within limited areas either amend or displace the three mentioned. These local classifications include that of the Transcontinental Freight Bureau, effective on the Pacific coast, and those of a considerable number of state commissions.

Ever since 1887 there has been agitation by shippers and persistent recommendation by the commission that a uniform classification effective for the entire country be put in force.

FREMONT, JOHN CHARLES-FRENCH SPOLIATION CLAIMS

FRENEAU, PHILIP-FRONTIER IN AMERICAN DEVELOPMENT

1798, amounting to about $5,000,000 were, in the treaty of 1800, held to be reserved for further 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.

"French Spoliation Claims" in Am. Jour. of Int. Law, VI (1912) 629.

ALBERT BUSHNELL HABT.

FRENEAU, PHILIP. Philip Freneau (17521832) 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, INTERNATIONAL; CLAIMS; FRANCE, DIPLOMATIC

50.

W. MACD.

References: T. H. Benton, Thirty Years' View (1854), I, 487-521; J. B. Moore, Digest FRIES' REBELLION. A name given to the of Int. Law (1906), V, 606-614, 1022-1026, uprising in eastern Pennsylvania, March 1799, Int. Arbitrations, V, 4399-4446; D. Webster, under the leadership of John Fries in protest Works (1853), IV, 152-178; E. C. Mason, against the direct tax on houses levied by the Teto Power (1891), 83, 84; Edward Everett, preceding Federalist Congress. The harshness "Claims for French Spoliation" in No. Am. with which the uprising was put down made Rev., XXII (1824), 136-162; G. A. King, | 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. These irregularities illustrate the fact that the advance of the frontier has been retarded by various factors such as physiographic obstacles, native tribes and, in a slight degree, by the opposing colonists of other nations; while, on the other hand it has been advanced by the attraction of exceptional natural resources, lines of least resistance, such as valleys and areas unheld by the Indians, as well as by the inherent expansive energy of the people behind the frontier.

Frontier Zones.-There has been a series of military frontiers, palisaded forts, and then United States army posts in proximity to the Indian country; but more significant in American growth, is the aspect of the frontier as the index line of social development. The advance of settlement has occurred in a series of waves, often roughly corresponding to the stages of industrial society. The census maps of density of population at successive decades, exhibit in different shades six groups of density. "The first group, that containing less than two inhabitants to the square mile is regarded as unsettled area, and represents a petty population made up of hunters, trappers, fishermen, lumbermen and miners, scattered over wide stretches of country." Exploiting natural resources by the simplest means, this wave of advance naturally preceded the others far into the Indian country. The second group (2 to 6 inhabitants to the square mile) roughly

This expansive energy depends partly upon the adaptability of the economic life of the people to frontier conditions, partly upon the demand of an increasing population for cheaper lands, partly upon the demand for special natural resources such as mines, and partly upon the optimistic and adventurous spirit of the different peoples who settled various parts of the American frontiers. As the United States grew in resources and power the nation-represents the area of the pioneer farmer and al forces precipitated themselves upon the remaining wilderness in large masses and without the preliminary skirmish lines of primitive conditions, and thus created a new type of frontier.

rancher. The third group (6 to 18 inhabitants) is characterized by more advanced farming methods, and the fourth group (18 to 45 inhabitants) "represents a population essentially devoted to agriculture, but in which manufactures and commerce have commenced to make some progress. The fifth and sixth groups represent a population which relatively to agriculture is largely engaged in manufacture and commerce and in both of which a goodly proportion of people live in small towns or cities." (See POPULATION OF THE UNITED STATES.)

Frontier Characteristics.—In popular speech the American frontier is not a line, but that zone of settlement nearest the wilderness, wherein society and government are loosely or incompletely organized. Here individualism and economic self-sufficiency are in evidence. Extra-legal associations such as regulators, squatter associations, claim associations (see), 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 been sucthe 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 of law," and the adoption of the most direct and effective course to achieve the desired object, regardless of formalities, have been characteristic of the frontier and have survived in western regions after the frontier has passed on. This frontier tendency has been emphasized by the need of dealing with the adventurous and sometimes criminal elements which escaped from the restraints of more settled society. The blood feud, the reliance of the frontiersmen upon their own weapons for defence, the speculative and reckless spirit indicated in an exaggerated form by the gambling houses, the "wide-open town," the bandit and the "bad man," have marked the American frontier at times, but have been least in evidence in the zone of the agricultural frontiersman.

Successive Changes.-As each of these frontiers of social change has advanced into new areas, with the spread of settlement, it has retained many of the characteristics of its former area, but has undergone modifications due to the different physical conditions of the new location, such as the change to a prairie area from a forest area; or to the general changes incident to the different period. New economic and social institutions have been called out by new conditions, or old institutions have been shaped to new uses. The frontier zone has been a region of experiment and adaptation, and thus a creative influence in American development. Along the changing frontier, custom could not crystallize, society could not stratify, and the existence of the frontier operated to restrain these tendencies