Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1909-04-02

to indulge ill., and they reflect the tone
Of hitter personal abGse that then pre-
vaijed in politics. Crosweh WIS the
publisher Of spaper called The
Wasp. The editor of another paper.
The Bee, had made some comment Oh
federulist criticisms of President Jcffer-
SON, and The Wasp replied, 4 little eX.
yerpg from The Indictment against eros
well gives us the taste both Of he poll
ties and the legal theory Of that day.
and Il states the law of the case liz
TERMS that correctly define, even now,
the essence Of the crime Involved.
The otfense charged was publication
of che statement that jefferson paid
Calender flames Thompson. author of
a pamphlet called THE Prospect Be
gore ISL for calling WaShinGtou Il
traitor, rohhcr, and a perjmeg for
calling Adams President Adamst "a
ary-heNded mcendlary. and for most
grossly Siaudering the private character
of men who he well know were virtu-
ouS.'
). Hamilton Defense's Lawyer.
Alexander Hamilton was one of couu-
sci for Cr0Swell in asking a new trial OF
the ease. and in his argument, which was
later adopted 10y Judge, afterwards tac
celebrated chancellor, Kent, Hamilton
defined his idea of what "the freedom of
the press meant under the guarantee
of the constitution.
The liberty of the press" he said.
consists in the right to publish with inn
puuity, truth, with good motives. and for
iuStitiabe ends; whether it respects gov
erament magistracy, or individuals
The allowance of this right is es-
Seutial TO the preservation Of free
government; the disallowance fatal" 1t
was therefore necessary, he argued, that
the jury be allowed to consider the ques-
8 A,g,y q a.
an almost criminal libel were true or
not: and whether, il true. they were
made public with good purpose in
view.
Last Trial Under Act.
Calender, the author of '1'he Pros
pect Before Us was the last person to
be tried under the federal sedition act.
Personally he was man of low char
acter, but when he was tried in Rich
mond. Va, before the federal judge.
Samuel Chase, the foremost lawyers ot
the Virginia bar undertook his defence.
The Virginia Assembly had already
adopted resolutions denounciug the Sc
dition act, and the bar was eager TO
resist its enforcement Much Of the re.
sentiment against the act was due TO the
manner in which il was applied by this
same Judge Chase. His conduct OF
trials was outrageousy partial to the
prosecution, and counsel for Calender
were SO augered 10y his denial of the
most elementary rights of the defend
ant. that they dropped the case and left
the courtroom in the midst of the trial.
Judge Chase was impeached for his vic.
lent misconduct of trials under the act
BY virtue of it's own terms, the act
lapsed, leaving behind it bitter popu-
lar hostility 10 government restraint
upon the press.
That any serious punishment win
come aS a resAlt of the Panama nvesti-
CATION is not very probable The law
providing for it undoubtedly exists; bur
after the law is found. the jury has To
be recSoned with, Even if IL jury be.
Gicved the New York World article to
he untrue, and published solely ms par
tsan attack, il is unlikely that that
jury would return Il verdict of guilty.
Meanwhile the liberty Of the press win
eontinne to exist, and not much harm
viii be done if its license is cwtaied.--
Boston Transcript.