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Published online by Cambridge University Press: 21 June 2016
Federalist enforcement machinery ground out at least seventeen verifiable indictments. Fourteen were found under the Sedition Act, and three were returned under the common law … .
James Morton Smith1. James M. Smith, Freedom's Fetters: The Alien and Sedition Laws and American Civil Liberties (Ithaca: Cornell University Press, 1956), 185.
2. Sedition Act of 1798, 1 Stat.596 [ch.74] (expired 1801). The Sedition Act, and the recognized prosecutions under it, are discussed in Wendell Bird, Press and Speech under Assault: The Early Supreme Court Justices, the Sedition Act of 1798, and the Campaign against Dissent (New York: Oxford University Press, 2016). This article is adapted from Chapter 7 of that book.
3. Sir William Blackstone, Commentaries on the Laws of England (Oxford: Clarendon Press, 1769), IV:151 (emphasis in original); accord Case of Henry Sampson Woodfall, (1770) 20 State Trials 895, 903; Lofft 776, 781, 98 Eng. Rep. 914, 916 (K.B.).
4. Blackstone applied the same standard to freedom of speech (“making public, of bad sentiments,” is a crime), just five sentences later. Blackstone, Commentaries, IV:152. Followers also applied the same standard to freedom of speech. See, for example, Alexander Addison, A Charge to the Grand Juries of the County Courts of the Fifth Circuit, of the State of Pennsylvania (Vergennes: Samuel Chipman, Jr., 1799), 12.
5. Wendell Bird, “Freedoms of Press and Speech in the First Decade of the U.S. Supreme Court” (DPhil diss., University of Oxford, 2012), 156–251, 252–390.
6. James Madison, “Virginia Resolutions” (December 21–24, 1798), in The Debates in the Several State Conventions on the Adoption of the Federal Constitution, ed. Jonathan Elliot (Philadelphia, Lippincott, 1836), IV:528, 528–29, reprinted in Papers of James Madison, eds. William T. Hutchinson, William M.E. Rachal, Robert A. Rutland et al. (repr. Charlottesville: University Press of Virginia, 1962–91), XVII:185; Thomas Jefferson, “Kentucky Resolutions” (November 10–13, 1798), in Elliot, Debates, IV:540, 540–41, reprinted in Papers of Thomas Jefferson, eds. Julian P. Boyd, Lyman H. Butterfield, Charles T. Cullen, John Catanzariti et al. (Princeton: Princeton University Press, 1950–) XXX:550.
7. Timothy Pickering to Richard Harison (July 7, 1798), Timothy Pickering Papers (Massachusetts Historical Society, Boston, reel 37, fol.315, 315A); Timothy Pickering to Richard Harison (January 1, 1799), ibid., r.37, fol.381; Jacob Wagner to Edward Dunscomb (May 22, 1799), ibid., r.37, fol.423; and John Daly Burk to Thomas Jefferson (ante June 19, 1801), Boyd, Papers of Thomas Jefferson, XXXIV:385, 386–87.
8. This addresses when indictments or presentments were brought. The dates of trials varied: Bache and Adams died before trials could occur; Burk entered a deportation agreement in lieu of trial; Fairbanks and Brown came up for trial and pleaded guilty in June 1799; Duane evaded trial; Greenleaf and Peck were dismissed; Baldwin and Clark reached trial in October 1799; Durrell and Haswell reached trial in April and May 1800; Cooper and Callender were immediately tried in May and June 1800.
9. Trial of Matthew Lyon, Wharton's State Trials 333 (C.C.D. Vt. 1798), reprinted In re Lyon's Case, 15 F.Cas. 1183 (C.C.D. Vt. 1798) (No.8,646). Wharton's State Trials refers to Francis Wharton, ed. State Trials of the United States During the Administrations of Washington and Adams (Philadelphia: Carey and Hart, 1849).
10. Timothy Pickering to Richard Harison (June 28, 1798), Pickering Papers, r.8, fol.904; Timothy Pickering to Richard Harison (April 22,1800), ibid., r.13, fol.406.
11. Charles Warren, Jacobin and Junto: or, Early American Politics as Viewed in the Diary of Dr. Nathaniel Ames, 1758–1822 (Cambridge: Harvard University Press, 1931), 103–10.
12. Minutes 137–38 (C.C.D.N.J. October Term 1798) (National Archives at New York City, R.G.21.32.2); and ibid., 140–43, 146–47 (C.C.D.N.J. April Term 1799).
13. Criminal Case Files of the United States Circuit Court for the Eastern District of Pennsylvania, 1791–1840, at 1:I1128–, 1:I147–, 1:I1136–, 2:156– (National Archives at Philadelphia, R.G.21.40.2, microfilm M986, rolls 1 and 2); Timothy Pickering to William Rawle (July 24, 1799), Pickering Papers, r.11, fol.486; and Timothy Pickering to William Rawle (September 20, 1799), ibid., r.12, fol.82.
14. Timothy Pickering to Richard Harison (August 12, 1799), ibid., r.11, fol.599; and Timothy Pickering to Richard Harison (April 22, 1800), ibid., r.13, fol.406.
15. Trial of Anthony Haswell, Wharton's State Trials 684 (C.C.D. Vt. 1800), reprinted United States v. Haswell, 26 F.Cas.218 (C.C.D. Vt. 1800) (No. 15,324).
16. Richard Harison to Timothy Pickering (April 10, 1800), Pickering Papers, r.26, fol.77, 78A, 78; and Timothy Pickering to Richard Harison (April 22, 1800), ibid., r.13, fol.406.
17. Trial of Thomas Cooper, Wharton's State Trials 659 (C.C.D. Pa. 1800), reprinted United States v. Cooper, 4 U.S. (4 Dall.) 341, 25 F.Cas.626, 631 (C.C.D. Pa.1800) (No. 14,861, 14,865).
18. Trial of James Thompson Callender, Wharton's State Trials 688 (C.C.D. Va. 1800), reprinted United States v. Callender, 25 F.Cas. 239 (C.C.D. Va. 1800) (No. 14,709).
19. Some writers refer to fourteen cases under the Sedition Act and under common law combined, because three were two-defendant or paired cases: Burk–Smith, Fairbanks–Brown, and Baldwin–Clark. I discuss the fourteen and three recognized cases elsewhere, in Bird, Press and Speech under Assault, 248–329.
20. James M. Smith, Freedom's Fetters: The Alien and Sedition Laws and American Civil Liberties (Ithaca: Cornell University Press, 1956), 185 (fourteen indictments under Act, three under common law); John C. Miller, Crisis in Freedom: The Alien and Sedition Acts (Boston: Little, Brown, 1952), 65–66, 97–130, 194–223 (fifteen prosecutions); and see Charles Slack, Liberty's First Crisis: Adams, Jefferson, and the Misfits Who Saved Free Speech (New York: Atlantic Monthly Press, 2015), 233 (“total number of men tried and convicted … amounted to fewer than a dozen”).
21. For example, Joanne B. Freeman, “Explaining the Unexplainable: The Cultural Context of the Sedition Act,” in The Democratic Experiment, eds. Meg Jacobs, William J. Novak, and Julian E. Zelizer (Princeton: Princeton University Press, 2003), 20, 32, 45 n.38 (fourteen prosecutions under Sedition Act, three under common law); Norman L. Rosenberg, Protecting the Best Man: an Interpretive History of the Law of Libel (Chapel Hill: University of North Carolina Press, 1986), 87 (fifteen under Sedition Act, three under common law); Dumas Malone, Jefferson and His Time (Boston: Little, Brown, 1948–1981), IV:227 (fourteen indictments under Sedition Act, three under common law); John C. Miller, The Federalist Era, 1789–1801 (New York: Harper, 1960), 235 (fifteen indictments); Mark A. Smith, “Crisis, Unity, and Partisanship: The Road to the Sedition Act” (PhD diss., University of Virginia, 1998), 353, 346–63 (seven newspapers); and Anderson, Frank M., “The Enforcement of the Alien and Sedition Acts,” American Historical Review 18 (1912): 113Google Scholar, 120 (fifteen to seventeen indictments).
22. For example, Maeva Marcus, ed., Documentary History of the Supreme Court of the United States, 1789–1800, (New York: Columbia University Press, 1990), III:233 (hereafter DHSC) (fifteen prosecutions under Sedition Act, including Colie); Stanley Elkins and Eric McKitrick, The Age of Federalism (New York: Oxford University Press, 1993), 703 (fourteen cases); James R. Sharp, American Politics in the Early Republic (New Haven: Yale University Press, 1993), 218–20 (eight mentioned); and Julius Goebel, History of the Supreme Court of the United States, Vol.1––Antecedents and Beginnings to 1801 (New York: Macmillan, 1971), 637–38 and n.107 (fifteen indictments, including Shaw).
23. For example, Susan Dunn, Jefferson's Second Revolution (Boston: Houghton Mifflin, 2004), 112 (seventeen prosecutions); Geoffrey R. Stone, Perilous Times (New York: Norton, 2004), 63 (fifteen indictments); and Jenkins, David, “The Sedition Act of 1798 and the Incorporation of Seditious Libel into First Amendment Jurisprudence,” American Journal of Legal History 45 (2001): 154Google Scholar, 188–97 (seven of the cases).
24. For example, Gordon S. Wood, Empire of Liberty: A History of the Early Republic, 1789–1815 (New York: Oxford University Press, 2009), 260 (fourteen plus three indictments); John E. Ferling, Adams vs. Jefferson: The Tumultuous Election of 1800 (New York: Oxford University Press, 2004), 122 (seventeen indictments); Jacobs, Novak and Zelizer, The Democratic Experiment, 32 (fourteen plus three prosecutions); Saul Cornell, The Other Founders: Anti-Federalism and the Dissenting Tradition in America, 1788–1828 (Chapel Hill: University of North Carolina Press, 1999), 233 (seventeen indictments); and Lendler, Marc, “‘Equally Proper at All Times and at All Times Necessary': Civility, Bad Tendency, and the Sedition Act,” Journal of the Early Republic 24 (2004): 419Google Scholar, 422 (seventeen arrests).
25. For example, Ferling, Adams vs. Jefferson, 122 (“[a]t least seventeen indictments”).
26. “From the Aurora, Oct. 26,” Constitutional Telegraph (Boston), November 6, 1799, 1 (twenty-two prosecutions).
27. Anderson, “Enforcement,” 120.
28. For example, Dunn, Jefferson's Second Revolution, 112; and Simon Sheppard, “American Media, American Bias: The Partisan Press from Broadsheet to Blog” (PhD diss., Johns Hopkins University, 2007), 57.
29. Smith, Freedom's Fetters, 185, 271. Others occasionally cite these estimates without further sources. For example, Jacobs, The Democratic Experiment, 45 n.40.
30. Goebel, History of the Supreme Court, 638 n.107.
31. Marcus, DHSC, III:299 n.2.
32. Phillip I. Blumberg, Repressive Jurisprudence in the Early American Republic: The First Amendment and the Legacy of English Law (New York: Cambridge University Press, 2010), 139–44.
33. The reason is understandable––his papers fill sixty-nine rolls of microfilm and are all handwritten.
34. Goebel, History of the Supreme Court, 545–46, 633 n.89. The attorney general was only part-time. Ibid., 564, 683, 726. Hence, Pickering was the one issuing the instructions to prosecute listed in the first half of Table 4 and elsewhere in this article, including most of the recognized cases. Bird, Press and Speech under Assault, 262–63.
35. This tax protest in 1799, and the prosecutions of the protesters in 1799–1800, are described in the third section, and in Paul D. Newman, Fries's Rebellion: The Enduring Struggle for the American Revolution (Philadelphia: University of Pennsylvania Press, 2004).
36. Second Trial of John Fries, Wharton's State Trials 610, 623 n., 624 n. (C.C.D. Pa.1800) (prosecutor William Rawle, Justice Samuel Chase), reprinted in In re Fries, 9 F.Cas. 924 (C.C.D. Pa.1800) (No. 5,127); see Trial of the Northampton Insurgents [first trial], Wharton's State Trials 458, 585 (C.C.D. Pa.1799) (Judge Richard Peters), reprinted in Case of Fries, 9 F.Cas. 826 (C.C.D. Pa.1799) (No. 5,126), modified, 3 U.S. (3 Dall.) 515 (C.C.D. Pa.1799). Wharton essentially reprinted the Thomas Carpenter transcript of the trial, rearranging the location of appended materials. Thomas Carpenter, transcriptionist, The Two Trials of John Fries (Philadelphia: William W. Woodward, 1800). That transcript included the trial of Jacob Eyerman, where the prosecutor again noted that combination and conspiracy charges were under the Sedition Act. Ibid., 224.
37. The exception is Goebel, who, without further description, said in a footnote that “Smith's count obviously does not include some of the indictments under sec. 1 that were returned against some participants in the Fries rebellion” for conspiracy, and that “[a] number of the indictments under sec. 2 never reached the trial stage because defendants changed their pleas.” Goebel, History of Supreme Court, 638 n.107. Neither Goebel nor any other Sedition Act scholar pursued his suggestion by identifying specific cases.
38. Newman, Fries's Rebellion, 174–75; Henderson, Dwight F., “Treason, Sedition, and Fries’ Rebellion,” American Journal of Legal History 14 (1970): 308Google Scholar, 312; and Henderson, Dwight, “Book Review of Fries's Rebellion,” Journal of the Early Republic 26 (2006): 341CrossRefGoogle Scholar, 342.
39. Henderson, “Treason,” 312.
40. Ibid., 315–16.
41. Newman, Fries's Rebellion, 174–75.
42. Ridgway, Whitman H., “Fries in the Federalist Imagination: A Crisis of Republican Society,” Pennsylvania History 67 (2000): 141Google Scholar, 147, 145; accord Churchill, Robert H., “Popular Nullification, Fries’ Rebellion, and the Waning of Radical Republicanism, 1798–1801,” Pennsylvania History 67 (2000): 105Google Scholar, 130. Although their focus on John Fries did not involve discussing this article's cases, Churchill mentioned Greenawalt's outburst without mention that he was prosecuted, ibid., 118, and Ridgway mentioned a “seditious combination” case without identifying it as Morris Llewellyn et al. Ridgway, “Fries,” 156 n.16.
43. For example, Richard E. Ellis, The Jeffersonian Crisis: Courts and Politics in the Young Republic (New York: Oxford University Press, 1971), 77–78, 97–100; Harry M. Tinkcom, The Republicans and Federalists in Pennsylvania, 1790–1801 (Harrisburg, Pennsylvania Historical and Museum Commission, 1950), 215–19; William W.H. Davis, The Fries Rebellion, 1798–99 (Doylestown, Doylestown Publishing, 1899); Elsmere, Jane Shaffer, “The Trials of John Fries,” Pennsylvania Magazine of History and Biography 103 (1979): 432Google Scholar, 435–37; and Levine, Peter, “The Fries Rebellion: Social Violence and the Politics of the New Nation,” Pennsylvania History 40 (1973): 240Google Scholar, 243, 246.
44. For example, Dimmig, Jeffrey S., “Palatine Liberty: Pennsylvania German Opposition to the Direct Tax of 1798,” American Journal of Legal History 45 (2001): 371CrossRefGoogle Scholar, 384–90; Bouton, Terry, “‘No Wonder the Times Were Troublesome:’ The Origins of Fries Rebellion,” Pennsylvania History 67 (2000): 21Google Scholar; see Wood, Empire, 260; Sharp, American Politics, 209–10; and Elkins and McKitrick, Age of Federalism, 696–700.
45. Marcus, DHSC, III:299 n.2.
46. Hannah Cushing to Abigail Adams (October 8, 1798), Marcus, DHSC, III:296.
47. William Cushing's Charge (C.C.D. Va. November 23, 1798), Marcus, DHSC, III:305, 306, 313, 314 (he gave the same charge throughout each circuit).
48. Minutes 138 (C.C.D.N.J. October 3, 1798) (National Archives at New York City, R.G.21.32.2).
49. John McNelis O'Keefe, “From Legal Rights to Citizens’ Rights and Alien Penalties: Migrant Influence, Naturalization, and the Growth of National Power over Foreign Migrants in the Early American Republic” (PhD diss., George Washington University, 2012), 51.
50. “Newark, December 25,” Centinel of Freedom (Newark), December 25, 1798, 3. He appears to be the same person as the “Lespnird Colie” of Springfield who placed an advertisement in early 1798. “For Sale,” New-Jersey Journal (Elizabethtown), February 6, 1798, 4.
51. Clarence S. Brigham, History and Bibliography of American Newspapers, 1690–1820 (Worcester: American Antiquarian Society, 1947), II:1096, 1486, 1083 (co-founding the Vermont Gazette with Timothy Green). Biographical information is in Esther L. Woodworth-Barnes, Spooner Saga (Boston: Newbury Street Press, 1997), 343; and Hamilton Child, Gazetteer and Business Directory of Windham County, Vermont (Syracuse: The Journal, 1884), 49.
52. Marcus A. McCorison, Vermont Imprints, 1778–1820 (Worcester: American Antiquarian Society, 1963), 82–122.
53. John J. Duffy, Samuel B. Hand and Ralph H. Orth, The Vermont Encyclopedia (Hanover: University Press of New England, 2003), 276; and Gaffagnino, J. Kevin, “‘We Have Long Been Wishing for a Good Printer in This Vicinity:’ The State of Vermont,” Vermont History 47 (1979): 21Google Scholar, 26, 33–35.
54. For example, “Bennington, October 12,” Centinel of Freedom (Newark), October 23, 1798, 2; and “From a Boston Paper of October 26,” The Sun (Dover), October 31, 1798, 3.
55. For example, “Worcester, (Mass.) Oct. 17,” Independent Chronicle (Boston), Octobert 18–22, 1798, 2; and “Newark, December 25,” Centinel of Freedom (Newark), December 25, 1798, 3.
56. Smith, Freedom's Fetters, 229 n.22.
57. Indictment followed a grand jury charge by Justice William Paterson that anyone who publishes “false, defamatory, and malicious writings or libels against the government of his country, its measures, and its constituted authorities, must … stand self-condemned” and “sins against light,” so that “nothing short of idiocy can operate as an excuse” because “[n]o government, indeed, can long subsist, where offenders of this kind are suffered to spread their poison with impunity.” William Paterson's Charge (C.C.D. Vt. 3 Oct. 1798), Marcus, DHSC, III:292, 293.
58. Indictment at 1 (October 6, 1798), United States v. Judah P. Spooner, Case Files, 1792–1869, United States Circuit Court for the District of Vermont (National Archives at Waltham, MA, R.G.21.48.2); Warrant for Arrest (October 4, 1799), ibid.
59. Ibid., 2.
60. Benjamin Franklin to Robert R. Livingston (July 22, 1783), J.A. Leo Lemay, ed., Benjamin Franklin: Writings (New York: Library of America, 1987), 1062, 1065.
61. For example, “Albany, October 11, 1799,” Albany Centinel, October 11, 1799, 3; and “Boston,” Massachusetts Mercury (Boston), October 15, 1799, 2. Others are listed in Table 5.
62. As recorded on the back of the indictment, noting it was “by consent and advice of the Court,” with the date “October Term 1799.”
63. Brigham, History, II:1099, 1486 (co-founding the Vermont Journal with George Hough).
64. Indictment at 1–2 (October 6, 1798), United States v. Alden Spooner, Case Files, 1792–1869, United States Circuit Court for the District of Vermont (National Archives at Waltham, MA, R.G.21.48.2).
65. Ibid., quoting Matthew Lyon, “For Spooner's Vermont Journal,” Spooner's Vermont Journal (Windsor), July 31, 1798, 1, 2.
66. “For the Vermont Gazette,” Vermont Gazette (Bennington), October 31, 1799, 2.
67. As recorded on the back of the indictment, with the date “October Term 1799.”
68. Briceland, Alan V., “John C. Ogden: Messenger and Propagandist for Matthew Lyon, 1798–1799,” Vermont History 43 (1975): 103Google Scholar; Boyd, Papers of Thomas Jefferson, XXXI:17 n.; and Appleton's Cyclopedia of American Biography (New York: Appleton, 1888), IV:561.
69. John C. Ogden, A View of the New-England Illuminati (Philadelphia: James Carey, 1799); accord Jonathan D. Sassi, A Republic of Righteousness: The Public Christianity of the Post-Revolutionary New England Clergy (New York: Oxford University Press, 2001), 113–16.
70. “The Respectful Petition of the Subscribers, Freemen of the Western District of Vermont,” Aurora General Advertiser (Philadelphia), January 14, 1799, 3.
71. [John C. Ogden], “To the Enemies of Political Persecution,” Aurora (Philadelphia), January 4, 1799, 2; accord [John C. Ogden], “Saturday, January 5, 1798,” Aurora (Philadelphia), January 5, 1799, 3; and [John C. Ogden], “Wednesday, January 9, 1798,” Aurora (Philadelphia), January 9, 1799, 3.
72. Smith, Freedom's Fetters, 242–43.
73. John C. Ogden to George Washington (February 12, 1799), Dorothy Twohig, ed. Papers of George Washington: Retirement Series (Charlottesville: University Press of Virginia, 1998–), III:373. Ogden offered an additional reason, which was to defeat his quest for the position of collector of customs, which was sought by Wolcott's sister's brother-in-law. A published letter, evidently from Ogden, further described the Adams meeting. [John C. Ogden], “For the Bee,” Bee (New London), March 20, 1799, 2.
74. John C. Ogden to Thomas Jefferson (March 5, 1799), Boyd, Papers of Thomas Jefferson, XXXI:72.
75. Thomas Jefferson to James Madison (January 3, 1799), ibid., XXX:610.
76. “Saturday, February 16, 1799,” Aurora (Philadelphia), Febuary 16, 1799, 3. The actual amount of the debt, with interest, was $180.
77. “Philadelphia, Feb. 18,” Bee (New London), February 27, 1799, 3; and “Wednesday, February 20,” New York Journal and Patriotic Register (New York), February 27, 1799, 3.
78. “Extract of a Letter from Connecticut,” Gazette of the United States (Philadelphia), February 18, 1799, 3; accord “Extract of a Letter from Connecticut,” Daily Advertiser (New York), February 21, 1799, 2; and “Extract of a Letter from Connecticut,” Weekly Oracle (New London), February 25, 1799, 2.
79. For example, “Hartford, February 18,” Connecticut Courant (Hartford), February 18, 1799, 3; and “Hartford, Feb. 18,” Windham Herald, February 21, 1799, 3. Others are listed in Table 5.
80. Attachment and Arrest Warrant (February 4, 1799), Litchfield County Court Files (Connecticut Archives, Hartford, file for 1799 Tallmadge–1800 Atwater) (signed by Frederick Wolcott as clerk, instructing sheriff to attach the property or body of John C. Ogden, to pay the 1785 note for ₤ 60 plus interest, initially claiming a total of $300).
81. Frederick Wolcott to Oliver Wolcott, Jr. ([torn] March 1799), Oliver Wolcott, Jr. Papers (Connecticut Historical Society, Hartford, box 30, folder 9).
82. Frederick Wolcott to Oliver Wolcott, Jr. at 3 (June 10, 1799), Oliver Wolcott, Jr. Papers, ibid.
83. Ibid., 3 (released that date); John C. Ogden to George Washington (February 12, 1799), Twohig, Papers of George Washington: Retirement, III:373 (from “prison in Litchfield”); John C. Ogden to George Washington (May 13, 1799), ibid., IV:131 n. (same). Even when released, Federalist soldiers attempted to force him back to town to be punished, evidently threatening a whipping. “Extract of a Letter from Litchfield,” Greenleaf's New York Journal (New York), June 22, 1799, 2.
84. John C. Ogden, A Short History of Late Ecclesiastical Oppressions in New-England and Vermont (Richmond: James Lyon, 1799).
85. [John C. Ogden], “For the Aurora,” Aurora (Philadelphia), April 29, 1799, 3.
86. “New-London, May 20,” Gazette of the United States (Philadelphia), May 24, 1799, 2.
87. Execution and Arrest Warrant (April 8, 1799), Litchfield County Court Files (the exchange for a note is on an attached sheet).
88. Frederick Wolcott to Oliver Wolcott, Jr. at 3 (June 10, 1799).
89. Boyd, Papers of Thomas Jefferson, XXX:586; ibid., XXXI:73 n.; Harold C. Syrett, ed., Papers of Alexander Hamilton (New York: Columbia University Press, 1961–87), XXV:23 n.15; Aleine Austin, Matthew Lyon, “New Man” of the Democratic Revolution, 1749–1822 (Pittsburgh: Pennsylvania State University Press, 1981), 124–25; and Briceland, “John C. Ogden,” 108–20.
90. Charles J. Hoadley, ed., The Public Records of the State of Connecticut (Hartford: Case, Lockwood and Brainard, 1894–95), X:vii; and Briceland, “John C. Ogden,” 116.
91. Note (July 10, 1785), Litchfield County Court Files; accord Briceland, Alan V., “The Philadelphia Aurora, the New England Illuminati, and the Election of 1800,” Pennsylvania Magazine of History and Biography 44 (1976): 3Google Scholar, 16; and Pope Joan, “Messrs. Hudson and Goodwin,” Connecticut Courant (Hartford), May 27, 1799, 2.
92. John C. Ogden to Ephraim Kirby at 2 (March 7, 1799), Ephraim Kirby Papers (Duke University, Durham); Boyd, Papers of Thomas Jefferson, XXXI:73 n.; accord [John C. Ogden], “For the Aurora,” Aurora (Philadelphia), April 9, 1799, 3.
93. Frederick Wolcott to Oliver Wolcott, Jr. at 3 (June 10, 1799) (“I found there was no probability that you would recover any money of him & I thought it was not worth while to be at the expense of supporting in gaol so worthless a fellow.”).
94. Col. Allan McLane to Timothy Pickering (February 8, 1800), Pickering Papers, r.26, fol.26.
95. “For the Bee,” Bee (New London), April 24, 1799, 2; accord “For the Aurora,” Aurora (Philadelphia), April 29, 1799, 3.
96. Depositions uniformly described him as from Greenwich Township, which was on a road southward to Reading; Newman identified him as from Reading. Newman mentioned the case briefly. Newman, Fries's Rebellion, 108. Brief biographical information is in Charles R. Roberts, John B. Stoudt, Thomas H. Krick and William J. Dietrich, History of Lehigh County, Pennsylvania (Allentown: Lehigh Valley Publishing, 1914), II:774.
97. Many others in the list were subpoenaed “to testify” as witnesses. Recognizances 4, in Criminal Case Files of the United States Circuit Court for the Eastern District of Pennsylvania, 1791–1840, at 1:I966 (National Archives at Philadelphia, R.G.21.40.2, microfilm M986, rolls 1 and 2) (hereafter Criminal Case Files).
98. Original Minutes of the Circuit Court of the United States of America for the Middle Circuit, October Session 1790 to April 1799, at 289 (National Archives at Philadelphia, R.G.21.40.2, microfilm M932, roll 1) (April 22, 1799) (hereafter Original Minutes).
99. Deposition of Philip Kreamer (February 13, 1799), in William Rawle Sr. Papers, in Rawle Family Papers 1682–1921 (Philadelphia: Historical Society of Pennsylvania, Collection 536, boxes 5–6, folders 8–13); accord Deposition of Jacob Bowen (February 14, 1799), in ibid.; Deposition of Michael Bapst [or Bobst] (April 10, 1799), in ibid.; Newman, Fries's Rebellion, 108. I appreciate Dr. Newman directing me to the relevant depositions.
100. Preceding the date of those depositions, and when the assessors were functioning. See Newman, Fries's Rebellion, 107–8.
101. Newman mentions this briefly, as a Fries Rebellion prosecution that involved sedition, although not expressly as a Sedition Act prosecution. Newman, Fries's Rebellion, 175. Although the name was transcribed from handwritten court papers as “Schwelein,” the name was given consistently in court records as “Llewellyn.” Original Minutes, 293, 300, 326, 342, 351; Deposition of James Jackson, William Rawle Sr. Papers, 1.
102. Presentment (April 24, 1799), Criminal Case Files, 1:I999, 1001; see Original Minutes, 293 (cover described case as “Seditious Combination &c.”); accord Deposition of James Jackson (October 23, 1799), William Rawle Sr. Papers, 1–2 (the event was December 22, 1798 at Henry Helmbolt's house).
103. Presentment (April 24, 1799), Criminal Case Files, 1:I999, 1001.
104. For example, “Philadelphia, Apr. 23,” Claypoole's American Daily Advertiser (Philadelphia), April 23, 1799, 3; and “Tuesday, 23d April, 1799,” Philadelphia Gazette, April 23, 1799, 3. Others appear in Table 5.
105. Criminal Case Files, 1:I998; Original Minutes, 300 (April 29, 1799).
106. James Iredell's Charge (C.C.D. Pa. April 11, 1799), Marcus, DHSC, III:332.
107. Marcus, DHSC, III:389 (October 12, 1799).
108. Presentment (October 7, 1799), Criminal Case Files, 1:I1185; see Original Minutes, 342.
109. Bushrod Washington to James Iredell (October 20, 1799), Marcus, DHSC, III:389, 390 (“overwhelmed with mortification and chagrin” at “an end to our further proceedings” because William Nichols’ “acts as marshall are void” and “all done here is coram non judice”).
110. Richard Peters to Timothy Pickering (October 23, 1799), ibid., III:391.
111. Presentment (April 16, 1800), Criminal Case Files, 2:278; Original Minutes, 351. The likely reason for dropping Jackson is that he gave deposition testimony incriminating himself and the others. Deposition of James Jackson (October 23, 1799).
112. Ibid., Criminal Case Files, 2:281 (“non est inventus”).
113. Marcus, DHSC, III:493.
114. Original Minutes, 400–16; Criminal Case Files, 2:379, 382.
115. Indictment (27 Apr. 1799), Criminal Case Files, 1:I1079, 1082; Original Minutes, 299.
116. Ibid., 1:I1083–84. Herring's statements were dated December 1 and 10, 1798.
117. Ibid., 1:I1084.
118. Ibid., 1:I1081, 1080 (October 5, 1799) (“nol. pros.”).
119. Henderson, “Treason,” 315.
120. The article was “Philadelphia” news, and Aldermen's Court and Hickory Lane, which were referred to, were in Philadelphia.
121. “Philadelphia,” Aurora (Philadelphia), December 11, 1798, 3; accord “Philadelphia Dec. 10,” New-York Gazette and General Advertiser, December 12, 1798, 3.
122. “Saturday Evening, March 8,” Gazette of the United States (Philadelphia), March 8, 1800, 2, 3; and “Mr. Fenno,” Gazette of the United States (Philadelphia), March 11, 1800, 2.
123. He is mentioned as fraudulently conspiring to cause someone to endorse a note, Respublica v. Ross, 2 U.S. (2 Dall.) 239, 239 (Pa. S. Ct. 1795), and as fleeing to Maryland to avoid prosecution. Executive Minutes of Governor Thomas Mifflin (October 12, 1795, October 3, 1796), in Pennsylvania Archives: Ninth Series, ed. Gertrude MacKinney (Harrisburg: Pennsylvania Department of Property and Supplies, 1931), II:1026, 1171; accord “Philadelphia, Dec. 31,” Commercial Advertiser (New York), January 2, 1799, 3; and “Philadelphia, Dec. 31,” Spectator (New York), January 5, 1799, 2.
124. Thomas Carpenter, transcriptionist, The Two Trials of John Fries (Philadelphia: William W. Woodward, 1800), 220, 220, 222; and Newman, Fries's Rebellion, 16, 24, 41, 102–03, 170–71, 175–76, 180.
125. For example, “Monday, 8th April, 1799,” Philadelphia Gazette, April 8, 1799, 3; and “Philadelphia, Apr. 15,” New York Gazette and General Advertiser, April 15, 1799, 2.
126. Carpenter, Two Trials, 220, 221.
127. Timothy Pickering to Governor John Jay (May 21, 1799), Pickering Papers, r.11, fol.136 and r.37, fol.421; accord Timothy Pickering to Judge John Sloss Hobart (May 21, 1799), ibid., r.37, fol.422.
128. Original Minutes, 334, 335; and Criminal Case Files, 1:I1125, 1:I1162, 2:I139. Newman mentioned his case as involving the Sedition Act. Newman, Fries's Rebellion, 175–76.
129. Criminal Case Files, 1:I1165.
130. Carpenter, Two Trials, 224.
131. Ibid., 224, 225.
132. Ibid., 225; and Original Minutes, 339–40.
133. Criminal Case Files, 1:I1125.
134. Original Minutes, 351.
135. Ibid., 380; and Criminal Case Files, 1:I1161.
136. Original Minutes, 386–87; and Criminal Case Files, 2:I145.
137. Newman mentioned this briefly, as a Fries Rebellion prosecution involving sedition, although not specifically a Sedition Act prosecution. Newman, Fries's Rebellion, 174–75. The names were occasionally spelled “Meyer” and “Fahnstock,” but were spelled in their newspaper as Mayer and Fahnestock.
138. In 1799 it bore this name, although in some time periods it was Harrisburger Morgenröthe.
139. For example, “Harrisburg, August 28,” Springer's Weekly Oracle (New London), September 16, 1799, 3; “Philadelphia, September 7,” Eastern Herald and Gazette of Maine (Portland), September 23, 1799, 2.
140. Brigham, History, II:859, 1453; Luther R. Kelker, History of Dauphin County, Pennsylvania (New York: Lewis Publishing, 1907), I:331; and Oswald Seidensticker, The First Century of German Printing in America, 1728–1830 (Philadelphia: Schaefer and Koradi, 1893), 251. Mayer sold the newspaper in 1811. Ibid.
141. “Harrisburg, August 28,” Gazette of the United States (Philadelphia), September 6, 1799, 2; and “Harrisburg, P. August 28,” Bee (New London), September 18, 1799, 3. For their bonds, $2,000 each was to be by themselves, and $2,000 each was to be by sureties.
142. Indictment (October 18, 1799), Criminal Case Files, 1:I1172; Original Minutes, 342; see United States v. Meyer, 26 F.Cas. 1242 (C.C.D. Pa.1799) (No. 15,761) (referring to a form book reprinting excerpts of the indictment).
143. “Capt. John Fries,” Unparthenische Harrisburg Morgenröthe, May 21, 1799, 2.
144. Criminal Case Files, 1:I1173–75.
145. Ibid., 1:I1178, 1180, 1181.
146. Ibid., 1:I1176.
147. Ibid., 1:I1172.
148. Ibid., 1:I1177.
149. Ibid., 1:I1170; and Original Minutes, 342 (October 18, 1799).
150. Ibid., 1:I1170.
151. Ibid., 1:I1170; and Original Minutes, 342.
152. “Submitting to the court” was synonymous with “tri[al] without juries.” For example, “Communication,” Centinel of Liberty (Georgetown [D.C.]), October 29, 1799, 3; and “Philadelphia, October 23,” Albany Gazette, October 31, 1799, 3. As Table 2 shows, “submit[ting] to the court protesting their innocence” was routinely followed, often the same day, by sentencing with fine and imprisonment, for example in the Klein, Eberhardt, Yeisley, Stahler, and Marks cases, as well as Eyerman.
153. Henderson states that they were not “apprehended for trial.” Henderson, “Treason,” 175.
154. For example, Austin, Matthew Lyon, 126–30 (no mention of second indictment).
155. Smith, Freedom's Fetters, 244 n.68, 365 n.7, which was cited as unconfirmed in Blumberg, Repressive Jurisprudence, 140. The second Lyon indictment was also mentioned in all the newspaper articles describing the Shaw indictment, which are cited in Table 5.
156. Information at 1–2 (October 7, 1798), United States v. Matthew Lyon, Case Files, 1792–1869, United States Circuit Court for the District of Vermont (National Archives at Waltham, MA, R.G.21.48.2); Arrest Warrant (November 7, 1799), ibid.
157. Ibid., 1.
158. Ibid., 1–2, quoting Lyon's letter, which was printed January 12, 1799 and reprinted as “To the Enemies of Political Persecution,” Vermont Gazette (Bennington), January 24, 1799, 4.
159. For example, Matthew Lyon, Colonel Lyon's Address to His Constituents (n.p., January 10, 1799) (broadside); and Matthew Lyon, “To the Freemen of the Western District of Vermont,” Farmer's Register (Chambersburg), February 20, 1799, 182.
160. For example, “Albany, October 11, 1799,” Albany Centinel, October 11, 1799, 3; and “Worcester, October 16,” Massachusetts Spy (Worcester), October 16, 1799, 3. Others are listed in Table 5.
161. “New-York: Wednesday, October 23, 1799,” Commercial Advertiser (New York), October 23, 1799, 3; “New-York, October 24,” New-York Gazette, October 24, 1799, 3; accord “Vergennes, (Ver.) Feb. 12,” Windham Herald, March 7, 1799, 3 (a strongly Federalist paper).
162. Smith, Freedom's Fetters, 185; Rachlin, Robert D., “The Sedition Act of 1798 and the East-West Political Divide in Vermont,” Vermont History 78 (2010): 123Google Scholar, 135; contra Blumberg, Repressive Jurisprudence, 138.
163. In a one sentence reference, saying he had confirmed the case in court records. Goebel, History of Supreme Court, 638 n.107.
164. Bruce A. Ragsdale, Biographical Directory of the United States Congress, 1774–1989 (Washington, DC: Government Printing Office, 1989), 1798; and Prentiss C. Dodge, Encyclopedia Vermont Biography (Burlington: Ullery Publishing, 1912) 66.
165. Indictment at 1 (October 10, 1799), United States v. Samuel Shaw, Case Files, 1792–1869, United States Circuit Court for the District of Vermont (National Archives at Waltham, MA, R.G.21.48.2).
166. Ibid., 2, 3.
167. [Joel Barlow], Copy of a Letter from an American Diplomatic Character in France, to a Member of Congress in Philadelphia (Constitution-Hill: [probably published by James Lyon], 1798); compare Marcus A. McCorison, Additions and Corrections to Vermont Imprints, 1778–1820 (Worcester: American Antiquarian Society, 1968), I:7.
168. For example, “Messrs. Hudson & Goodwin,” Connecticut Courant (Hartford), November 5, 1798, 1; “From the Connecticut Courant,” Mercantile Advertiser (New York), November 13, 1798, 2; “Barlow's Letter,” Gazette of the United States (Philadelphia), January 17, 1799, 2.
169. For example, [Joel Barlow], “Copy of a Letter from an America Diplomatic Character,” Connecticut Courant (Hartford), November 5, 1798, 1; [Joel Barlow], “Copy of a Letter from an America Diplomatic Character,” Mercantile Advertiser (New York), November 13, 1798, 2; and “Barlow's Letter,” Gazette of the United States (Philadelphia), January 17, 1799, 2.
170. He is not mentioned in connection with printing in either the bibliography of newspapers and list of printers, or a brief history of Castleton newspapers. Brigham, History, II:1486 passim; McCorison, Vermont Imprints, 82–122; and Hemenway, Abby M., “Castleton Newspapers,” Vermont Historical Gazetteer 3 (1877): 516Google Scholar.
171. Summons (April 21, 1800), United States v. Samuel Shaw, note 165; Costs Taxed (May 1800), ibid.
172. Trial of Matthew Lyon, Wharton's State Trials 333, 340–41 (C.C.D. Vt. 1798) (reprinting Lyon's account).
173. “Sandy-Hill, Washington County,” Vermont Gazette (Bennington), January 24, 1799, 4; “To the Enemies of Political Persecution,” ibid, 4.
174. James Lyon to Thomas Jefferson (June 21, 1801), Boyd, Papers of Thomas Jefferson, XXXIV:404.
175. Arrest Warrant (November 7, 1799), United States v. Samuel Shaw, note 165; and Minutes (February 6, 1800), ibid. The file also contains summons of eleven witnesses including Judah P. Spooner.
176. “New-York: Wednesday, October 23, 1799,” Commercial Advertiser (New York), October 23, 1799, 3; and “New-York, October 24,” New-York Gazette, October 24, 1799, 3. Others are listed in Table 5.
177. Costs Taxed and Allowed against the United States in a Prosecution of the United States ag[ains]t Saml. Shaw for Sedition in Which He Was Acquitted (May 1800), United States v. Samuel Shaw, note 165. The federal court file contains two identical cost bills for $155.20, and an apparent draft bill for $91.95, each of which recites Shaw's acquittal.
178. “Windsor, Tuesday, May 13, 1800,” Spooner's Vermont Journal (Windsor), May 13, 1800, 3; “Windsor, (Ver.) May 13,” Connecticut Gazette (New London), May 21, 1800, 3; and “Windsor, (Ver.) May 13,” Connecticut Courant (Hartford), May 26, 1800, 2.
179. An Act To Provide for the Valuation of Lands and Dwelling-Houses (July 9, 1798), 1 Stat. 580; and An Act To Lay and Collect a Direct Tax (July 14, 1798), 1 Stat. 597.
180. Newman, Fries's Rebellion, ix; see generally Paul D. Newman, “The Fries Rebellion of 1799: Pennsylvania Germans, the Federalist Party, and American Political Culture” (PhD diss., University of Kentucky, 1996).
181. Criminal Case Files, 1:I937, 2:9; Newman, Fries's Rebellion, 133–41. The first indictment charged levying war by the armed rescue, whereas the second indictment expanded the charges to add that the armed rescue also furthered a combination and conspiracy to oppose, resist, and prevent execution of the direct tax and the valuation laws.
182. Original Minutes, 313 (May 10, 1799), 371 (April 25, 1800); Trial of the Northampton Insurgents [Fries], Wharton's State Trials 458, 598 (C.C.D. Pa. 1799); Second Trial of John Fries, Wharton's State Trials 610, 636, 641 (C.C.D. Pa. 1800); and Newman, Fries's Rebellion, 166–73. The first and second indictments are reprinted in Wharton's State Trials 489, 610. The new trial was ordered because of a tainted juror. Original Minutes, 320.
183. Newman, Fries's Rebellion, 160–66.
184. Ibid., 145, 152, 163, 164.
185. Ibid., 42, 130, 132, 137–41.
186. Ibid., 139–41.
187. Wharton's State Trials at 550; accord Newman, Fries's Rebellion, 144, 145, 163. However, Churchill gives more credence to some claims of a few violent acts. Churchill, “Popular Nullification,” 116, 124–25.
188. Newman, Fries's Rebellion, 174–75; Henderson, “Treason,” 312; and, very briefly, Ridgway and Churchill.
189. For example, “Circuit Court of the United States,” Philadelphia Gazette, April 17, 1800, 3; and “Circuit Court of the United States,” Oracle of Dauphin (Harrisburg), April 28, 1800, 3.
190. Criminal Case Files, 1:I997, 1185. However, they often referred to sedition or vilifying and defaming the government.
191. James Iredell's Charge (C.C.D. Pa. 11 Apr.1799), Marcus, DHSC, III:332, 350.
192. Carpenter, Two Trials, 224.
193. That was largely because he was in Philadelphia where Pickering worked and where the Fries Rebellion trials were held. Rawle, in addition to bringing the William Duane and Thomas Cooper cases, also prosecuted both treason trials of John Fries and others, and the Sedition Act cases of Greenawalt, Llewellyn et al., Herring, Mayer and Fahnestock, and these Sedition Act conspiracy cases.
194. Second Trial of John Fries, Wharton's State Trials 610, 624 n., 623 n., excerpting Charles Evans, transcriptionist, Report of the Trial of the Hon. Samuel Chase, One of the Associate Justices of the Supreme Court … Taken in Short Hand, by Charles Evans (Baltimore: Samuel Butler and George Keatings, 1805), 29.
195. Henry Ohl et al. (Criminal Case Files, 1:I1009, 1010); John Shimer et al. (ibid., 1:I1029, 1030–31); Daniel Klein et al. (ibid., 1:I1039, 1041); John Eberhardt et al. (ibid., 1:I1048, 1050); George Goltner et al. (ibid., 1:I1057); Abraham Samsel et al. (ibid., 1:I1064, 1066); Henry Jarrett et al. (ibid., 1:I1068, 1069); and Henry Shiffert et al. (ibid., 1:I1092, 1094); and others.
196. The valuation act and the house tax act did not, nor did the Crimes Act (April 30, 1790), 1 Stat. 112 (although §§ 22–23 criminalized obstruction of judicial process and rescues), or its various amendments; for example, An Act in Addition to the Act for the Punishment of Certain Crimes (June 5, 1794), 1 Stat. 381.
197. Sedition Act § 1, 1 Stat. 596.
198. The charges against Eyerman centered on “seditious counseling.” Criminal Case Files, 2:I145; 1:I1162, 1165.
199. Newman, Fries's Rebellion, 241 n.2. His breakdown does not quite match his total of ninety-one indictments (eleven treason and eighty nontreason indictments), ibid., 165, unless the difference is failed treason prosecutions that were re-indicted for conspiracy.
200. Henderson, “Treason,” 318.
201. George Schaefer (Criminal Case Files, 1:I934–35); Henry Shiffert, Christian Ruth, Henry Stahler, and Daniel Schwartz Sr. (ibid., 1:I1096, 1:I1088, 2:I65–67; Original Minutes, 315–16, 327–28).
202. From April 11 through May 18, 1799. Marcus, DHSC, III:493; and Original Minutes, 275.
203. For example, Frederick Heany (Criminal Case Files, 1:I953); Anthony Stahler (ibid., 1:I957); Conrad Marks (ibid., 1:I962); Valentine Kuder (ibid., 1:I990); Henry Huber (ibid., 1:I1006); amd Henry Stahler (ibid., 1:I1025).
204. Henry Ohl et al. (ibid., 1:I1009); Daniel Klein et al. (ibid., 1:I1039); John Eberhardt et al. (ibid., 1:I1048); George Goeltner et al. (ibid., 1:I1057, 1060); Abraham Samsel et al. (ibid., 1:I1064); Henry Jarrett et al. (ibid., 1:I1068); Henry Shiffert et al. (ibid., 1:I1092); and Michael Yeisley et al. (ibid., 1:I1103).
205. Timothy Pickering to Richard Peters (April 4, 1799), Pickering Papers, r.37, fol.404; and Timothy Pickering to Samuel Sitgreaves 3 (April 1, 1799), ibid., r.10, fol.544, 545.
206. Recognizances (April 1799), ibid., 1:I964–82 (excluding sureties).
207. James Iredell's Charge (C.C.D. Pa. April 11, 1799), Marcus, DHSC, III:332, 347, 350, 349.
208. Criminal Case Files, 1:I938 (after argument on April 30, on the motion to move the trial to his county of residence); and Original Minutes, 290, 303 (April 22 1799, May 1, 1799).
209. Original Minutes, 290–93, 293–301.
210. Ibid., 342, 299; and Criminal Case Files, 1:I966, 998, 1079.
211. Original Minutes, 313–16, 327–28; Criminal Case Files, 1:I933–35, 1:I1096, 1:I1088.
212. Original Minutes, 320.
213. Timothy Pickering to Rufus King at 3 (May 22, 1799), Pickering Papers, r.11, fol.138, 140.
214. From October 11 to 22, 1799. Marcus, DHSC, III:494; and Original Minutes, 332–33.
215. Criminal Case Files, 1:I1125, 1169, 1136, 1185; and Original Minutes, 334, 342, 335, 342.
216. Original Minutes, 340, 341.
217. Richard Peters to Timothy Pickering (October 23, 1799), Pickering Papers, r.25, fol.259.
218. From April 11, through May 2, 1800. Marcus, DHSC, III:494; and Original Minutes, 344.
219. Samuel Chase's Charge (C.C.D. Pa. April 12,1800), Marcus, DHSC, III:408, 411, 413, 414, 416.
220. Affidavit of David Caldwell (January 21, 1804), Criminal Case Files, 2:I6.
221. For example, Anthony Stahler, ibid., 1:I956, 2:I33, 2:I38; Jacob Klein, ibid., 1:I993, 2:I51, 2:I38; Philip Desh, ibid., 1:I993, 2:I59, 2:I38; John Gettman, ibid., 2:302; Conrad Marks, ibid., 1:I961, 2:342–44, 2:347–50; Valentine Kuder, ibid., 1:I989; and Original Minutes, 390 (Anthony Stahler, Jacob Klein, Philip Desh), 376 (Conrad Marks, John Marks).
222. Ibid.; Original Minutes, 350–51, 355.
223. John Fries, ibid. 2:I10; and Jacob Engelman, ibid. 2:290.
224. Original Minutes, 371, 378.
225. Wharton's State Trials 615 n., 646; and Evans, Report of the Trial, 29 and App. 65.
226. Some are cited in Table 2; thirty are in Henderson, “Treason,” 318, of which twenty-one are in Original Minutes, 383–92.
227. Jacob Eyerman, Criminal Case Files, 1:I1161; accord Daniel Klein et al., ibid., 1:I1038, 2:I114; John Engelhardt et al., ibid., 1:I1047, 2:I147; Abraham Samsel et al., ibid., 1:I1063, 2:I110; Henry Jarrett et al., ibid., 2:I124; Michael Yeisley et al., ibid., 1:I1098, 2:371; Anthony Stahler et al., ibid., 2:I46; Conrad Marks et al., ibid., 2:347; and Original Minutes, 363 (Klein and Eberhardt cases), 363 (Samsel case), 378 (Yeisley case), 390 (Stahler case), 380 (C. Marks).
228. Daniel Klein et al., Criminal Case Files, 2:I57; Abraham Samsel et al., ibid., 2:364, 2:299, 2:I106, 2:340; Henry Jarrett et al., ibid., 2:333, 2:I134; Michael Yeisley et al., ibid., 2:367; Jacob Eyerman, ibid., 2:I145; Anthony Stahler et al., ibid., 2:I46, 68; Conrad Marks, ibid., 2:351; and Original Minutes, 380–83 (Klein and Eberhardt cases); 383–86 (Samsel case), 380, 387 (Yeisley case), 391–92 (Stahler case), 387 (C. Marks).
229. Criminal Case Files, 2:I18, 29; and Original Minutes, 395–96 (May 2, 1800).
230. Original Minutes, 347 (Duane, Cooper indictments (April 14, 1800)), 359 (Cooper trial [April 19, 1800]), 376 (Duane's two indictments (April 29, 1800)); and Criminal Case Files, 2:I176 (Duane arrest warrant (April 14, 1800)), 2:I157 (Duane indictment), 2:I196 (Cooper trial).
231. “Baltimore, June 4,” City Gazette and Daily Advertiser (Charleston), June 20, 1800, 2.
232. Evans, Report of the Trial, 43.
233. Original Minutes, 395–96; and Newman, Fries's Rebellion, 183.
234. The Federalist wing in the late 1790s led by Alexander Hamilton, and supported by Pickering, Wolcott, and many others. The High Federalists opposed the Adams wing, particularly its missions to France, and instead demanded war with France. Wood, Empire, 273–74; and Sharp, American Politics, 159–62.
235. “Harrisburgh, Monday, February 2d, 1801,” Oracle of Dauphin (Harrisburg), February 2, 1801, 2; and “Norristown,” National Intelligencer and Washington Advertiser, January 26, 1801, 2.
236. George Washington to Bushrod Washington (December 31, 1798), John C. Fitzpatrick, ed., Writings of George Washington (Washington: Government Printing Office, 1931–1944), XXXVII:80, 81.
237. Alexander Addison to Timothy Pickering 2–3 (November 22, 1798), Pickering Papers, r.23, fol.322, 323 (mistakenly calling it “Herald of Freedom” on p. 3 and the correct name on p. 4, and stating that two grand juries refused to find a true bill of indictment).
238. Ibid., 3.
239. “Prayer of John Adams for the Fast Day,” Herald of Liberty (Washington [PA]), April 30, 1798, 3.
240. Alexander Addison to Timothy Pickering 4 (November 22, 1798).
241. Henry Taylor, Isaac Leet, Sr., James M'Cluney and David Acheson, “To Albert Gallatin, Esq.,” Herald of Liberty (Washington), October 1, 1798, 2.
242. Alexander Addison to Timothy Pickering 4 (November 22, 1798).
243. Colophon, Herald of Liberty (Washington), November 18, 1799, 4 (listing printer and publisher John Israel, and location).
244. Jeffrey L. Pasley, “The Tyranny of Printers”: Newspaper Politics in the Early American Republic (Charlottesville: University Press of Virginia, 2001), 112–15; and Donald H. Stewart, The Opposition Press of the Federalist Period (Albany: State University of New York Press, 1969), 11, 618, 887; and Russell J. Ferguson, Early Western Pennsylvania Politics (Pittsburgh: University of Pittsburgh Press, 1938), 151, 161–62.
245. Sheppard, “American Media,” 72, 74; Brigham, History, II:979, 967, 1437; and Sanford W. Higginbotham, The Keystone in the Democratic Arch: Pennsylvania Politics, 1800–1816 (Harrisburg: Pennsylvania Historical and Museum Commission, 1952), 73. Israel closed the Herald in February 1802, and sold the Tree in December 1805. Brigham, History, II:979, 967.
246. “Freemen of America Attend!” Herald of Liberty (Washington), July 30, 1798, 4; “Sedition Bill,” ibid.; and “Remarks on the Above from a Boston Paper,” ibid.,
247. For example, “To John Clopton,” Herald of Liberty (Washington), September 10, 1798, 2; “To the Electors of Northumberland County,” Herald of Liberty (Washington), October 7, 1798, 1; and “Frankfort, Sept. 18,” Herald of Liberty (Washington), October 15, 1798, 2.
248. “Richmond, Dec. 25,” Herald of Liberty (Washington), January 21, 1799, 1; and “Address of the General Assembly,” Herald of Liberty (Washington), February 11, 1799, 1. Support of the Virginia and Kentucky Resolutions in Pennsylvania was not unusual, and in fact the opposing states have been uniformly overcounted and the supporting states have been uniformly undercounted. Bird, Wendell, “Reassessing Responses to the Virginia and Kentucky Resolutions: New Evidence from the Tennessee and Georgia Resolutions and from Other States,” Journal of the Early Republic 35 (2015): 519Google Scholar.
249. For example, “Worcester, Oct. 17,” Herald of Liberty (Washington), November 5, 1798, 3; and “Col. Lyon's Tryal” [sic], Herald of Liberty (Washington), November 26, 1798, 1.
250. The case does not appear in federal court records for western Pennsylvania for 1798, although they are sketchy compared with records for eastern Pennsylvania that include the Fries Rebellion, Duane, and Cooper cases.
251. Subsequent enactment of the Sedition Act similarly did not prevent prosecution of Matthew Lyon for material written earlier.
252. “Prayer of John Adams for the Fast Day,” Herald of Liberty (Washington), April 30, 1798, 3.
253. Marcus, DHSC, III:284, 299.
254. Ibid., 284 n.1. The minutes describe nothing but opening and closing court, and the case files are missing or nonexistent. However, cases must have been dealt with, because the court did not adjourn the same day it opened. Original Minutes, 272.
255. Timothy Pickering to Zebulon Hollingsworth (August 12, 1799), Pickering Papers, r.11, fol.603.
256. Brigham, History, I:223.
257. [Alex. Martin], “To the Public,” American and Daily Advertiser (Baltimore), May 18, 1799, 1; Pasley, Tyranny, 161–62.
258. Marcus, DHSC, III:424 (May 7–16, 1800).
259. “Baltimore, June 4,” City Gazette and Daily Advertiser (Charleston), June 20, 1800, 2.
260. Ibid.; accord “From the Philadelphia Aurora,” Constitutional Telegraph (Boston), June 28, 1800, 2.
261. Criminal Case Files of the United States Circuit Court for the District of Maryland, 1795–1860 (National Archives at Washington, R.G.21.22.2, microfilm M1010, roll 1).
262. Evans, Report of the Trial, app. 5.
263. Ibid., 97, 98.
264. Marcus, DHSC, III:494.
265. “Letter from an Anonymous Correspondent,” Aurora (Philadelphia), July 1, 1800, in Marcus, DHSC, III:442; Mirror of the Times (Wilmington), July 4, 1800, in Marcus, DHSC, III:445; and “Remember Judge Chase,” Centinel of Freedom (Newark), July 29, 1800, 3.
266. Marcus, DHSC, III:443 n.2; and John A. Munroe, Federalist Delaware, 1775–1815 (New Brunswick: Rutgers University Press, 1954), 207.
267. Brigham, History, I:84; ibid., II:1505.
268. Munroe, Federalist Delaware, 207; Stewart, Opposition Press, 871; for example, “Mr. Wilson,” Mirror of the Times (Wilmington), April 5, 1800, 3; and “Spirit of the Times,” Mirror of the Times (Wilmington), July 23, 1800, 2.
269. Col. Allan McLane to Timothy Pickering (February 8, 1800), Pickering Papers, r.26, fol.26.
270. Criminal Docket of the Circuit Court of the United States for the Delaware District Commencing . . . . MDCCXCV (National Archives at Philadelphia, R.G.21.9.2, Local Identifier 10-D-11-9.2); and Judgment Index, 1790–1912 (C.C.D. Del.) for U-W (National Archives at Philadelphia, R.G.21.9.2, Local Identifier 10-D-11-1.5).
271. James J. Wilson, “To Correspondents,” Republican Watch Tower (New York), July 30, 1800, 1 (reprinting Mirror).
272. His best biography is in Pasley, Tyranny, 320–29.
273. Dr. John Vaughan to Thomas Jefferson (January 10, 1801), Boyd, Papers of Thomas Jefferson, XXXII:441, 442, cited in Smith, Freedom's Fetters, 185 n.87. See also Dr. John Vaughan to Thomas Jefferson (October 10, 1801), Boyd, Papers of Thomas Jefferson, XXXV:427, 428.
274. Smith, Freedom's Fetters, 185 n.87.
275. Boyd, Papers of Thomas Jefferson, XXXII:269 n.; Howard A. Kelly and Walter L. Burrage, Dictionary of American Medical Biography (New York: Appleton, 1928), 1247; J. Thomas Scharf, History of Delaware (Kennikat Press: Port Washington, 1888), I:493; and Appleton's Cyclopedia of American Biography (New York: Appleton, 1888), VI:268.
276. Thomas Jefferson to Dr. John Vaughan (July 17, 1801), Boyd, Papers of Thomas Jefferson, XXXIV:587; and John Dickinson to Thomas Jefferson (May 25, 1801), ibid., XXXIV:179.
277. For example, Delaware Gazette (Wilmington), July 27, 1799, 1.
278. Brigham, History, I:81.
279. Munroe, Federalist Delaware, 184.
280. For example, Timothy Pickering to Zebulon Hollingsworth (August 12, 1799), Pickering Papers, r.11, fol.603; Timothy Pickering to Richard Harison (August 12, 1799), ibid., r.11, fol.599; Timothy Pickering to Thomas Nelson (August 14, 1799), ibid., r.11, fol.611.
281. William Rawle to Timothy Pickering (July 21, 1798), ibid., r.25, fol.45.
282. Parker Campbell to William Rawle (July 12, 1798), ibid., r.25, fol.22.
283. Brigham, History, I:179.
284. John T. Kneebone, Dictionary of Virginia Biography (Richmond: Library of Virginia, 1998–), III:306. Smith briefly mentioned the incident. Smith, Freedom's Fetters, 183.
285. Presentment of the Grand Jury (C.C.D. Va. May 22, 1797), Marcus, DHSC, III:181.
286. Circular letter from John Clopton (June 19, 1797), in Circular Letters of Congressmen to Their Constituents, 1789–1829, ed. Noble E. Cunningham (Chapel Hill: University of North Carolina Press, 1978), I:94–95.
287. Buckskin, “To the Freeholders of Henrico Congressional District,” Virginia Gazette, and General Advertiser (Richmond), October 9, 1798, 2.
288. Timothy Pickering to Edward Carrington (October 23, 1798), Pickering Papers, r.9, fol.512.
289. Ibid. The article identified him as “Mr. W.P. of Hanover,” holder of “a respectable office.”
290. John Clopton, “Mr. Davis,” Virginia Gazette, and General Advertiser (Richmond), October 16, 1798, 2; and William Pollard, “Hanover, October 10th, 1798,” ibid., 2.
291. Congressional Election Campaign, The Papers of John Marshall, ed. Herbert A. Johnson (Chapel Hill: University of North Carolina Press, 1974–2006), III:494, 497; and Kneebone, Dictionary, III:307.
292. The reference was clearly to the Sedition Act, as the governor's next sentence made manifest in transmitting the Kentucky Resolutions “on the subject of that act, and the alien law of the United States.”
293. Governor James Jackson, “Message of His Excellency Governor Jackson, to Both Houses of the Legislature” (January 10, 1799), Louisville Gazette (Louisville, GA), February 5, 1799, 1, 3. The legislature's transcripts are lost for the January–February 1799 session, and this newspaper in the city where the legislature met is the best alternate source. The governor attached “papers marked no. 14,” and those too are lost.
294. Secretary of Navy Benjamin Stoddert to Governor James Jackson (November 26, 1798), Governor's Letter Book of Governor James Jackson (Georgia Department of Archives and History, filmed 1940, drawer 202, microfilm 202/58); and Office of Naval Records, Naval Documents Related to the Quasi-War (Washington: Government Printing Office, 1935), VII:371.
295. “Extract from Governor Jackson's Message to the Legislature of Georgia,” Aurora (Philadelphia), March 19, 1799, 3.
296. Governor James Jackson to Secretary of Navy Ben Stoddert (May 4, 1799), Governor's Letter Book of Governor James Jackson, tr. at 157–58 (drawer 241, microfilm 241/52). This incident appears to be unconnected to Ensign Hugh McCall's complaints about the objectionable conduct of Lt. Col. Henry Gaither. Governor James Jackson to Abraham Baldwin (February 5, 1799), ibid., tr. at 32, 33; Governor James Jackson to Secretary of War James McHenry (March 9, 1799), ibid., tr. at 102, 106–07; and Governor James Jackson to Secretary of War James McHenry (December 2, 1798).
http://wardepartmentpapers.org/document.php?id=29626 (accessed April 11, 2014); Governor James Jackson to Secretary of War James McHenry (July 7, 1799), ibid., id=33386. The only reference to David Garwin in the War Department records appears to be in 1793, ibid., id=8260.
297. John F. Randolph, “Messrs. Seymour & Woolhopter,” Columbian Museum and Savannah Advertiser, January 4, 1799, 3.
298. David Garvin, “Messrs. Seymour & Woolhopter,” Columbian Museum and Savannah Advertiser, January 1, 1799, 2. Garvin responded to Randolph late in the month. David Garvin, “To John F. Randolph,” Columbian Museum and Savannah Advertiser, January 29, 1799, 2.
299. Recruiting Instructions (September 11, 1798), Office of Naval Records, Naval Documents, I:388; Commission (March 20, 1799), ibid., II:493; Savannah (Galley), ibid., VII:371.
300. James Seagrove's Deposition (May 26, 1793) http://wardepartmentpapers.org/document.php?id=8542 (accessed April 14, 2014).
301. David Garvin, “Messrs. Seymour & Woolhopter,” Columbian Museum and Savannah Advertiser, January 1, 1799, 2.
302. “From the Savannah Museum,” The Bee (New London), February 6, 1799, 3; “Standing Army,” Independent Chronicle (Boston), March 18–21, 1799, 4; “Standing Army,” New-Jersey Journal (Elizabethtown), March 26, 1799, 3; “Standing Army,” Farmer's Register (Chambersburg), March 27, 1799, 203; “Extracts from Governor Jackson's Message,” American Mercury (Hartford), March 28, 1799, 2; and (No Caption), Eastern Herald (Portland), April 15, 1799, 3.
303. Georgia had no statutory definition; the common law definition of riot was “an unlawful act of violence” by three or more. Blackstone, Commentaries, IV:146.
304. Minutes of Superior Court, Camden County, 1797– (Georgia Department of Archives and History, drawer 71, microfilm 71/22) (pages unnumbered).
305. Miscellaneous Records of Superior Court (March Term 1799), Camden County (Georgia Department of Archives and History, drawer 27, microfilm 27/69) (pages unnumbered).
306. Doquet. Inferior Court[,] Camden County. Commencing November Term 1796 (Georgia Department of Archives and History, drawer 32, microfilm 32/26) (pages unnumbered, items dated December 3, 1798, June 1799, and January 8, 1800).
307. Journal of the House of the State of Georgia (Augusta: John E. Smith, [1800]), 48 (December 5, 1799); Journal of the Senate of the State of Georgia (Augusta: John E. Smith, [1800]), 35 (December 5, 1799).
308. Office of Naval Records, Naval Documents Related to the Quasi-War (Washington, DC: Government Printing Office, 1935); Alexander DeConde, The Quasi-War (New York: Scribner, 1966); Michael A. Palmer, Stoddert's War: Naval Operations During the Quasi-War with France, 1798–1801 (Columbia, South Carolina: University of South Carolina Press, 1987); and Frederick C. Leiner, Millions for Defense: The Subscription Warships of 1798 (Annapolis: Naval Institute Press, 2000).
309. He and Georg Gerrisch started the paper in January 1797, after a “preliminary sample issue” in late 1796, and edited it until 1804, when Schneider sold out to a recent new partner. Brigham, History, II:969, 1478–79.
310. Newman, Fries's Rebellion, 80; and Stewart, Opposition Press, 887.
311. Timothy Pickering to William Rawle (July 5, 1799), Pickering Papers, r.11, fol.390.
312. “An Address to the Germans of Cumberland County,” Aurora (Philadelphia), July 30, 1799, reprinted in Richard N. Rosenfeld ed., American Aurora (New York: St. Martin's Press, 1997), 666.
313. Jacob Schn[e]ider, “Reading, May 17th, 1799,” Aurora (Philadelphia), May 24, 1799, 2; accord “Order and Good Government,” Aurora (Philadelphia), April 24, 1799, 3.
314. Friederike Baer-Wallis, “Joining the Nation: Germans in the Early American Republic” (PhD diss., Brown University, 2002), 248–49; accord Pasley, Tyranny, 152; and Newman, Fries's Rebellion, 8.
315. Jonathan Williams and Robert G. Harper, “To the Editor of the Aurora,” Aurora (Philadelphia), May 13, 1790, 2.
316. Timothy Pickering to Charles Hall (August 1, 1799), Pickering Papers, r.11, fol.528, 529. Smith describes consideration of prosecuting Priestley. Smith, Freedom's Fetters, 173–74, 310–12.
317. Timothy Pickering to John Adams (August 1, 1799), Pickering Papers, r.11, fol.524, 524.
318. Thomas Cooper, Mr. Cooper's Address to the Readers of the Sunbury and Northumberland Gazette ([Northumberland: Andrew Kennedy], June 29, 1799) (broadside).
319. Brigham, History, II:1139; and Boyd, Papers of Thomas Jefferson, XXXI:165n., 290n. Printer John Dixon retired before trouble began, at the end of May 1799. Ibid. Smith cites an earlier letter from Pickering to Thomas Nelson in discussing prosecution of Callender, but not the following letters. Smith, Freedom's Fetters, 338 and n.19.
320. Timothy Pickering to Thomas Nelson (August 14, 1799), Pickering Papers, r.11, fol.611.
321. Ibid.
322. Ibid.
323. Timothy Pickering to William Bingham (September 20, 1799), Pickering Papers, r.12, fol.96.
324. Ibid., 96–97.
325. Timothy Pickering to William Vans Murray (October 4, 1799), Pickering Papers, r.12, fol.141, 142A.
326. James Monroe to Thomas Jefferson (January 4, 1800), Boyd, Papers of Thomas Jefferson, XXXI:289, 290.
327. “Legislature of Kentucky,” Claypoole's American Daily Advertiser (Philadelphia), December 10, 1798, 2; and “Lexington, (Ken.) Nov. 7,” Herald of Liberty (Washington), December 17, 1798, 2.
328. Timothy Pickering to Rufus King (December 14, 1798), in Life and Correspondence of Rufus King, ed. Charles R. King (New York: Putnam's Sons, 1894–1900), II:493; and “Legislature of Kentucky,” Claypoole's American Daily Advertiser (Philadelphia), December 10, 1798, 2.
329. For example, “Boston, Tuesday, December 6, 1798,” Independent Chronicle (Boston), December 3–6, 1798, 3.
330. For example, “Firm Support of the Laws,” Federal Gazette and Baltimore Daily Advertiser, December 19, 1798, 3; “Firm Support of the Laws,” New Hampshire Gazette (Portsmouth), December 19, 1798, 2; and “Firm Support of the Laws,” Daily Advertiser (New York), December 21, 1798, 2.
331. For example, “Vassalborough, Nov. 30,” Gazette (Portland), December 10, 1798, 3; “Vassalborough, Nov. 30,” Massachusetts Mercury (Boston), December 11. 1798, 2; and “Vassalborough, Nov. 30,” Gazette of the United States (Philadelphia), December 17, 1798, 2.
332. For example, (No Caption), Columbian Centinel (Boston), December 5, 1798, 3; and “Boston, December 5,” New Hampshire Gazette (Portsmouth), December 12, 1798, 2.
333. Identified in W.W. Abbot et al., eds., Papers of George Washington: Presidential Series (Charlottesville: University Press of Virginia, 1987–), IV:40 n.2; and Syrett, Papers of Alexander Hamilton, XVII:299 n.6.
334. For example, “Vassalborough Jacobin Pole,” Impartial Herald (Suffield), January 15, 1799, 3 (recantation dated December 6, 1798); “Vassalborough Jacobin Pole,” Thomas's Massachusetts Spy (Worcester), January 16, 1799, 3 (Republican paper reprinting); and “Augusta, Maine, Dec. 29,” Columbian Courier (New Bedford), January 19, 1799, 4.
335. Email from Jean Nudd, Archivist, National Archives at Waltham, Massachusetts (September 20, 2013).
336. Hutchinson, Papers of James Madison, XVII:396 n.3; J. Thomas Scharf, History of Western Maryland (Baltimore: Regional Publishing, 1968), I:487; Kelly and Burrage, Dictionary, 1236; and Thomas J.C. Williams, History of Frederick County, Maryland (Frederick: Titsworth, 1910), II:1398.
337. Ibid., 535.
338. Charles P. Polk to James Madison (June 20. 1800), Hutchinson, Papers of James Madison, XVII:394, 395, which was cited in Smith, Freedom's Fetters, 185 n.87.
339. John Homespun [John Tyler], “For the Centinel [No. I],” Centinel of Freedom (Newark), June 24, 1800, 2. Stewart attributes the fifth essay of John Homespun to Tyler. Stewart, Opposition Press, 547–48 and 835 n.186. Later essays, cited in n.342, bore composition dates 10–11 days before the publication date.
340. Criminal Case Files of the United States Circuit Court for the District of Maryland, 1795–1860 (National Archives at Washington, R.G.21.22.2, microfilm M1010, roll 1).
341. For example, “George-Town, June 24,” Centinel of Freedom (Newark), June 24, 1800, 3; and “Alexandria, June 26,” Times and District of Columbia Daily Advertiser (Alexandria), June 26, 1800, 3.
342. John Homespun [John Tyler], “Homespun No. IV,” Centinel of Freedom (Newark), August 19, 1800, 2; John Homespun [John Tyler], “Homespun No. V,” Centinel of Freedom (Newark), August 26, 1800, 2; John Homespun [John Tyler], “Homespun No. VI,” Centinel of Freedom (Newark), September 9, 1800, 3; and John Homespun [John Tyler], “Homespun No. VII,” Centinel of Freedom (Newark), September 16, 1800, 2.
343. Marcus, DHSC, III:424 (May 7–16, 1800).
344. Smith, Freedom's Fetters, 185 n.87.
345. (No Caption), Independent Chronicle (Boston), July 26–30, 1798, 3.
346. “Carlisle, July 4,” Kline's Carlisle Weekly Gazette, July 4, 1798, 3; and “Carlisle, July 4,” Carey's United States Recorder (Philadelphia), July 14, 1798, 1. The story was also reprinted in the Commercial Advertiser, Maryland Herald, Universal Gazette, Albany Centinel, Litchfield Monitor, and Columbian Museum.
347. “Newark, December 25,” Centinel of Freedom (Newark), December 25, 1798, 3.
348. Brigham, History, I:707. The reference is not to the very Republican Rights of Man, because it was not started until a year later, in November 1799. Ibid., 709.
349. The reference is not to the liberty pole in Newburgh, which hit the news but did not generate a federal prosecution. “New York,” Aurora (Philadelphia), July 25, 1798, in Rosenfeld, American Aurora, 199; and “Newburgh, July 9,” Herald of Liberty (Washington, PA), July 30, 1798, 3.
350. “Active Federalism,” Philadelphia Gazette, January 30, 1799, 3; accord “Tuesday, January 31, 1799,” Aurora (Philadelphia), January 31, 1799, 3.
351. “Boston,” Russell's Gazette (Boston), January 24, 1799, 3; accord “Massachusetts Legislature,” Oracle of the Day (Portsmouth), January 26, 1799, 3.
352. “Massachusetts Legislature,” Massachusetts Mercury (Boston), February 22, 1799, 2; accord “Massachusetts Legislature,” Federal Gazette (Baltimore), March 6, 1799, 2.
353. Brigham, History, I:509.
354. Pasley, Tyranny, 408; and Stewart, Opposition Press, 619.
355. Carl E. Prince, New Jersey's Jeffersonian Republicans: The Genesis of an Early Party Machine, 1789–1817 (Chapel Hill: University of North Carolina Press, 1967), 38, citing Guardian (New Brunswick), August 28, 1798. Three issues of the Centinel of Freedom that Prince cites do not describe the case, although one of them describes another case, that of William Durrell of the Mount Pleasant Register. “Mount-Pleasant, (N.Y.) July 24,” Centinel of Freedom (Newark), August 7, 1798, 3. Prince is followed in Bradburn, Douglas, “A Clamor in the Public Mind: Opposition to the Alien and Sedition Acts,” William and Mary Quarterly 65 (2008): 565Google Scholar, 575.
356. Militia Man, “To Richard Howell, Governor,” Centinel of Freedom (Newark), August 14, 1798, 2.
357. “Newark, August 21,” Centinel of Freedom (Newark), August 21, 1798, 2.
358. “Newark, September 25,” Centinel of Freedom (Newark), September 25, 1798, 3.
359. “Newark, August 28,” Centinel of Freedom (Newark), August 28, 1798, 3; “Newark, April 16,” Centinel of Freedom (Newark), April 16, 1799, 3.
360. “Newark, April 16,” Centinel of Freedom (Newark), April 16, 1799, 3; “Newark, January 21,” Centinel of Freedom (Newark), January 21, 1800, 3.
361. For example, “Newark, July 17,” Centinel of Freedom (Newark), July 17, 1798, 2; accord “Newark, September 25,” Centinel of Freedom (Newark), September 25, 1798, 3.
362. “Newark, August 28,” Centinel of Freedom (Newark), August 28, 1798, 3.
363. “New-York, July 20,” Centinel of Freedom (Newark), July 31, 1798, 2.
364. Jabez Parkhurst and Samuel Pennington, “To the Public,” Centinel of Freedom (Newark), October 1, 1799, 3.
365. “Memorandum,” Commercial Advertiser (New York), August 22, 1798, 3; and “Memorandum,” Saratoga Register (Ballston Spa), September 5, 1798, 2.
366. Blumberg, Repressive Jurisprudence, 139.
367. Bird, Press and Speech under Assault, 394–458.
368. I address this in a nearly completed book, and in Bird, Wendell, “Liberties of Press and Speech: ‘Evidence Does Not Exist To Contradict the … Blackstonian Sense’ in Late Eighteenth Century England?,” Oxford Journal of Legal Studies 36 (2016): 1Google Scholar.
369. Bird, Press and Speech under Assault, 448–52.
370. The following totals exclude the Duane cases, because they involve multiple justices at various stages, as Pickering gave instructions to indict him each time the Aurora printed a seditious libel. Timothy Pickering to William Rawle (September 20, 1799), Pickering Papers, r.12, fol.82.
371. Original Minutes, 327–28 (May 18, 1799), 380–91 (May 1–2, 1800); and Henderson, “Treason,” 318.