hat the immensity of the American continent would of itself present
an insurmountable obstacle to its conquest.

Appendix P

The first American journal appeared in April, 1704, and was published
at Boston. See "Collection of the Historical Society of Massachusetts,"
vol. vi. p. 66. It would be a mistake to suppose that the periodical
press has always been entirely free in the American colonies: an
attempt was made to establish something analogous to a censorship and
preliminary security. Consult the Legislative Documents of Massachusetts
of January 14, 1722. The Committee appointed by the General Assembly
(the legislative body of the province) for the purpose of examining into
circumstances connected with a paper entitled "The New England Courier,"
expresses its opinion that "the tendency of the said journal is to turn
religion into derision and bring it into contempt; that it mentions
the sacred writers in a profane and irreligious manner; that it puts
malicious interpretations upon the conduct of the ministers of the
Gospel; and that the Government of his Majesty is insulted, and the
peace and tranquillity of the province disturbed by the said journal.
The Committee is consequently of opinion that the printer and publisher,
James Franklin, should be forbidden to print and publish the said
journal or any other work in future, without having previously submitted
it to the Secretary of the province; and that the justices of the peace
for the county of Suffolk should be commissioned to require bail of the
said James Franklin for his good conduct during the ensuing year." The
suggestion of the Committee was adopted and passed into a law, but the
effect of it was null, for the journal eluded the prohibition by putting
the name of Benjamin Franklin instead of James Franklin at the bottom of
its columns, and this manoeuvre was supported by public opinion.

Appendix Q

The Federal Constitution has introduced the jury into the tribunals of
the Union in the same way as the States had introduced it into their own
several courts; but as it has not established any fixed rules for the
choice of jurors, the federal courts select them from the ordinary jury
list which each State makes for itself. The laws of the States must
therefore be examined for the theory of the formation of juries.
See Story's "Commentaries on the Constitution," B. iii. chap. 38, p.
654-659; Sergeant's "Constitutional Law," p. 165. See also the Fe