[Hamilton, Alexander] The Speeches at Full Length of Mr. Van Ness, Mr. Caines, The Attorney-General, Mr. Harrison, and General Hamilton, in the Great Cause of the People, Against Harry Croswell, on the Indictment for a Libel on Thomas Jefferson...

New-York: Printed by G. & R. Waite, 1804. First edition. 8vo. 78 pp. Disbound; scattered spotting and toning to leaves; in cloth slip case and chemise. Ford, Bibliotheca Hamiltoniana 90; Cohen, Bibliography of Early American Law 13322; Sabin 17677; Howes V-38

Scarce first edition of the speeches from People v. Croswell, a landmark case for the freedom of the press.

Harry Croswell was the publisher of the small Federalist newspaper, The Wasp, and was charged with libel under the Sedition Act in 1803 following the publication of a story that claimed President Thomas Jefferson paid publisher James Callender to run negative stories against his opponents. During his trial, Croswell was represented by William Peter Van Ness, who unsuccessfully tried to admit evidence showing the truth of Croswell's published statements. The presiding judge, Chief Justice Morgan Lewis, denied Van Ness's attempt, and instructed the jury to only consider whether or not Croswell had published the statements, for which he was found guilty. Alexander Hamilton appealed the verdict to the New York Supreme Court, and in one of his most famous speeches, passionately argued for over six hours for freedom of the press and the use of truth as evidence against libel, as well as a rejection of libel based on English common law principles, which had set the precedent for the guilty verdict. Although the court deadlocked in a 2-2 split, Croswell was never sentenced, nor retried, and the following year the New York state legislature incorporated Hamilton's reasoning into its reformed libel laws.

A fine copy.

Provenance

Collection of Joseph Newton Pew, Jr. (1886-1963), Ardmore, Pennsylvania, American Industrialist and co-founder of the Pew Charitable Trusts, thence by descent in the family