By Joshua Dressler
ISBN-10: 0028653203
ISBN-13: 9780028653204
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The jury, however, responding to the eloquence of Hamilton’s oratory and the popularity of Zenger’s cause, ignored the judge’s instructions and returned a verdict of not guilty. Although the Zenger case had no precedential effect on the substantive law, it signaled a potential shift in the political climate. Although common law prosecutions for seditious libel were infrequent, the popularly elected colonial assemblies assumed and vigorously exercised the power to punish as contempt any expression of criticism of their members, their laws, or their policies.
During the seventeenth and eighteenth centuries, prosecutions for seditious libel ran into the hundreds. The procedures employed in the prosecution of seditious libel were especially problematic. By the seventeenth century, the use of general warrants in felony cases had been sharply curtailed. Such warrants were used virtually without restraint, however, in cases of seditious libel, a mere misdemeanor. General warrants routinely authorized government officers to arrest and to SEDITION AND DOMESTIC TERRORISM search the homes and offices of anyone even suspected of seditious libel.
Lyon was convicted and sentenced to a fine of $1,000 and four months in prison. Although the Federalist press rejoiced, Lyon became an instant martyr and was reelected while in jail (Trial of Matthew Lyon (1798), F. Wharton, State Trials of the United States 333 (Philadelphia 1849)). Although the Supreme Court did not at the time rule upon the constitutionality of the Sedition Act, the act was upheld without dissent by the lower federal courts and by three Supreme Court justices sitting on circuit.
Encyclopedia of Crime and Justice Set by Joshua Dressler
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