The Washington herald., 1909-02-21

which appeared n the paper. Ile Tltle
OF which Is reproduced here. explained
away the charges made against him, the
principle one Of which was that he was
an agent Of the French government and
a SPY OF Talleyrand. The pamphlet was
issued on June .. I79S. anG the following
week the sediti0n bill was introduced in
the Senate. BaChe had brushed away
every charge. and the administration
hoped &c corner him and other editors
OF his type. by the bill which would
make punishable, by both fine and i'm
prisionment. any attempt 70 talk hack
10 Congress. or the government generally.
IN other words. the press was 10 be
throttied. As a matter Of fact. the news
papers continued 20 attack every dere-
Ection noticed. and when the act had
run its course Il was not re-enacTed-
Before the act was passed the House OF
Representatives had asserted practically
that a free press would not be tolerated.
In ms introduction 10 his pamphlet,
Bache remarks For asserting the free
dom Of the press against an arbitrary
mandate Of the Speaker Of the House the
editor was. BY the Speaker. removed
from the floor OF the House. and thus
prevented from furnishing his paper with
sketch Of the debates. This act Of
tyranny might have had a double effect:
To iniure his press and 10 prevent free
and firm statement OF the proceedings
from meeting the public eye.
Bache had drawn the fire Of the gov
eminent by publishing copies Of letter
written BY Talleyrand to the American
envoyz in Paris before the letter had
been received by the State Department
here. The natural inference was that
Rache was an agent OF TaIleyTand- His
enemies sought 70 have him proceeded
against for treason, and il was in an
sver to these charges that Bache pub
Hshed the pamphlet and il was also
owing 70 the distracted state OF mind the
Federalists found themselves il that the
offensive alien and sedition act was
passed.
Bache was a victim Of the yellow fever
IN the year I79S. and the paper reverting
TO his widow. she arranged with VIII
liam Duane, a man who had had ad-
ventures in various parts OF the world.
as editor. Duane soon became 2 victim
OF the assaults Of the Federalists. just as
Bache had been. The sediJiOn sct ap-
7eared 20 him 70 be most offensive 70
liberty and against the spirit OF Amer
icanism. He attempted 10 distribute peti-
lions 20 be signed by aliens, asking for
the act to be revoked, when riotous
disturbance took place, and he and sew
eral others were taken into custody.
When the electoral count bin came Up
in Congress Duane took care 10 obtain
a COPY OF it. and its objectionable pro-
visions. which were intended TO perpetu-
ate Federal power. were printed in the
columns Of the Aurora. the Federal Sen
ators were enraged, and. taking advant-
age Of the useful seditiOn act. Duane
was summoned TO the bar OK the chamber.
He came and denied the jurisdiction OF
the Senate. and asked 10 be heard b
counsel This was granted. but only o7
condition that counsel should speak onfy
+ in excuse or extenuatiOn OF the crime, oT
on such questions OF fact as should come
up Dallas and Cooper. who had been
chosen as counsel for Duane. refused. IN
der the circumstances. 10 appear. IN al
though the Vice President issued war
rant FOR his arrest. before L could be exc
cuted a remonstrance had been signed by
numbers OF persons who believed The Sen
ate had gone too Far. and Duane never
really felt the dres6ful penalty Of having
( broken the sedition law. During the two
I years the offensive act was in force sew
/ eraI prosecutions were brought under It
but It's provisions we're 50 opposed 10 th6
Z fundamental idea OF American libert,
that the act may be said TO have acr7 y
/ plished nothing except the GOwnf2L C
the party which passed IT,