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Editorial September 16, 1803

Berkeley And Jefferson Intelligencer

Martinsburg, Berkeley County, Virginia

What is this article about?

Editorial from the Balance criticizes the Sedition Law by contrasting Thomas Jefferson's 1789 advocacy for free speech with the suppression of press freedom under his administration, highlighted by the trial of editor Tunis Wortman Croswell where Judge Lewis refused to allow truth as a defense.

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FROM THE BALANCE.

Mr. Dennis in his speech in Congress, in favour of the Sedition Law, produced a letter of Mr. Jefferson, dated Paris, August 28, 1789; wherein Mr. Jefferson expressed his wish that the following article should be added to the federal constitution; namely: The people shall not be deprived of their right to speak, to write, or otherwise publish anything but false facts, affecting injuriously the life, liberty, property, or reputation of others. Now suppose, the moment after this paragraph was penned, that some inspired seer had stood before that august personage and addressed him in the following manner: - Great sir, it is revealed to me that you will be President of the U. States; and that under your administration, there will be attended the funeral obsequies of the freedom of the press. To promote party views and to glut the vengeance of a furious individual, truth shall be denounced as a libel; and the publication of truth, when tending to disparage your person or measures, shall be inhibited by awful penalties.

If such a prophet had, at that time, appeared and uttered this prediction, what indignation would it have excited in the patriotic bosom of our President? Who among his friends, but would have fired with a desire of punishing the supposed impostor? Yet what have we lately seen? Ah! - who dares fully relate what we have seen?

The trial of Mr. Croswell, Editor of the Balance, one of the best papers in the Union, is a matter of astonishment, all things considered; and becomes, more and more, a subject of the day. This is not extraordinary - for the Judge who presided, was, on one point of law only, no less than four times astonished.

He was astonished at the application to put off the trial.

He was astonished about a witness whom the defendant offered to call in his behalf.

He was astonished at the reasons given for putting off the trial, and finally,

He was astonished that the application should be made at all.

These astonishments induced his honor to peremptorily refuse indulgence to the defendant - adding, "even if the witness, to prove the truth of the publication, was in court, I would not suffer him to be examined on the point."

After this we trust the Democrats will desist a little more from their scurrilous abuse of Judge Chase. The astonished Judge Lewis, may surely sit a while for him in their filthy columns. But hold, say they he is one of us is he so? - Then the case is altered, and we are not astonished at all.

[Alexandria Advertiser]

What sub-type of article is it?

Press Freedom Partisan Politics Constitutional

What keywords are associated?

Sedition Law Freedom Of Press Jefferson Letter Croswell Trial Judge Lewis Democrats Truth As Defense

What entities or persons were involved?

Mr. Jefferson Mr. Dennis Mr. Croswell Judge Lewis Judge Chase Democrats

Editorial Details

Primary Topic

Suppression Of Press Freedom Under Sedition Law And Croswell Trial

Stance / Tone

Indignant Criticism Of Sedition Law And Judicial Bias

Key Figures

Mr. Jefferson Mr. Dennis Mr. Croswell Judge Lewis Judge Chase Democrats

Key Arguments

Jefferson's 1789 Letter Advocated Limiting Speech Only To False Injurious Facts Prediction Of Press Freedom's Demise Under Jefferson's Administration Truth Publication Punished If Disparaging President Or Measures Judge Lewis Repeatedly Astonished And Refused To Allow Truth Defense In Croswell Trial Democrats Should Stop Abusing Judge Chase Given Lewis's Actions

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