838 Sheet – American State Trials 1918 Volume X Leo Frank Document

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Here is the translated text as follows:

798 X. AMERICAN STATE TRIALS

The defendant aimed to justify his own conduct and language throughout. You, gentlemen of the jury, under the direction of the court, will decide whether he has presented to you such a justification as will entitle him to your verdict in his favor.

THE CHARGE TO THE JURY

Judge's Charge: Gentlemen of the jury, when individuals are found rash enough to commit an offense such as the one the defendant is charged with, it becomes the duty of the government to ensure they do not go unpunished. It is my duty to explain to you the law on which this indictment is based, as well as the substance of the accusation and defense.

Thomas Cooper, the defendant, stands charged with having published a false, scandalous, and malicious libel against the President of the United States in his official capacity as President. There is no civilized country that I know of that does not punish such offenses. It is necessary for the peace and welfare of this country that these offenses meet with appropriate punishment, as ours is a government founded on the opinions and confidence of the people.

The Representatives and the President are chosen by the people. It is a government made by the people, and their officers are chosen by them. Therefore, if any improper law is enacted, the people have the power to obtain its repeal, or even to amend the Constitution itself if found defective, since provision is made for its amendment. Our government, therefore, is truly republican; the people are genuinely represented, as all power is derived from them. It is a government of representation and responsibility.

All officers of the government are liable to be displaced or removed, or their duration in office limited by elections at fixed periods. There is one department only, the judiciary, which is not subject to such removal; their offices are held "during good behavior," and therefore they can only be removed for misbehavior.

All governments that I have ever read or heard of punish such offenses.

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