Should the government punish seditious or libelous writings against its officers?

OCR: 1 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated): John Adams believed that the press could be an engine of oppression and corruption, and that liberty cannot exist without virtue and independence. He argued that the freedom of the press, when misused, could hasten the destruction of liberty rather than promote it. (key quote above) [1]
• BELIEF (undated): John Adams believed that certain forms of resistance, including tumults, seditions, and insurrections, could be justified on just occasions. He argued that individuals have a right to repel injuries by force when legal justice is not accessible. "Be it remembered, then, that there are tumults, seditions, popular commotions, insurrections, and civil wars, upon just occasions as well as unjust." [2]
• BELIEF (undated): John Adams believed that seditions and tumults could arise from just or unjust occasions and that in popular governments, such actions are usually the result of error or deception rather than malice. He argued that in absolute monarchies, troubles often stem from malice and are difficult to reform. "It is in vain to seek a government in all points free from a possibility of civil wars, tumults, and seditions; that is a blessing denied to this life, and reserved to complete the felicity of the next." [3]
• BELIEF (undated): John Adams believed that some writings considered seditious or libelous were actually solemn truths, and that jurors recognized this. He also argued that many actions, such as pulling down the stamp office, were seen as honorable and not as riots, suggesting that the government should not punish such acts. (key quote above) [4]
• BELIEF (1776-03-04): John Adams believed that individuals and communities have a duty to resent and punish injury, unless there is repentance, for the sake of personal security, honor, and public good. He distinguished between lawful punishment and unlawful revenge. (key quote above) [5]
• BELIEF (1776-06-23): John Adams believed that after a Declaration of Independence, the colonies would produce fewer seditious or traitorous writings, implying that he saw such writings as harmful and in need of suppression. "The Presses will produce no more Seditious, or traiterous Speculations." [6]
• BELIEF (undated): John Adams believed that seditious or democratical actions or speech, such as assemblies of people, seditious speeches, and generosity to debtors, are considered the most unpardonable offenses in an aristocratic government. He argued that democratical misdemeanors are treated more harshly than aristocratical crimes, which are often seen as virtues by the ruling class. "Manlius's offence was, love of the people; and democratical misdemeanors are the most unpardonable of all that can be committed or conceived in a government where the demon of aristocracy domineers." [7]
• ACTION (editor's note) (about 1799, editor's note; editor's note, not his words): The editor states that John Adams's letter to T. Pickering dated 1799-08-13 contains the closest approximation to any expression of opinion upon the Alien and Sedition Laws found in his correspondence during his administration. "It is worthy of remark that this letter contains the closest approximation to any expression of opinion upon the alien and sedition laws, to be found in the whole of Mr. Adams's correspondence during his administration." [8]
• BELIEF (1812-08-19): John Adams believed that all parties, when out of power, become libellous, seditious, and rebellious, and that if all parties cannot be united in support of law, order, government, and religion, society must go the way of all the Earth. This belief is grounded in his observation of political behavior and the dangers of division. [9]
• BELIEF (1813-06-14): John Adams believed that the government has the authority to defend itself against spies and seditious individuals during wartime, citing the example of the Alien Law enacted during the war with France. He argues that such actions are justified under the law of nations. "To check these, was the design of this law. Was there ever a government which had not authority to defend itself against spies in its own bosom—spies of an enemy at war?" [10]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [1], [5], [7].

2. HOW IT APPLIES (reasoning; inference is marked)

1. John Adams believed that the government should not punish seditious or libelous writings against its officers if they are based on truth or justified dissent. [11]

2. He argued that the press should be free to publish what is warranted by the laws of the country, and that fear of being seen as seditious is a form of cowardice. [11]

3. However, he also believed that the press could be an engine of oppression and corruption, and that liberty cannot exist without virtue and independence. [1]

4. He acknowledged that some writings considered seditious or libelous were actually solemn truths, and that jurors recognized this. [4]

5. He distinguished between lawful punishment and unlawful revenge, suggesting that punishment should be reserved for unjust actions. [5]

3. HIS TAKE

Record coverage: PARTIAL

The record is silent on whether John Adams believed the government should punish seditious or libelous writings against its officers in all cases. However, he did argue that the press should be free to publish what is warranted by the laws of the country, and that fear of being seen as seditious is a form of cowardice. He also acknowledged that some writings considered seditious or libelous were actually solemn truths, and that jurors recognized this. He distinguished between lawful punishment and unlawful revenge, suggesting that punishment should be reserved for unjust actions.

Extrapolation: John Adams likely believed that the government should not punish seditious or libelous writings against its officers if they are based on truth or justified dissent. However, he also believed that the press could be an engine of oppression and corruption, and that liberty cannot exist without virtue and independence.

Competing readings: One reading is that John Adams believed the government should not punish seditious or libelous writings against its officers if they are based on truth or justified dissent. Another reading is that he believed the press could be an engine of oppression and corruption, and that liberty cannot exist without virtue and independence. The record itself supports both readings, as he expressed both views in different contexts.

Confidence: Moderate, as the record supports both readings, and the sources are a mix of old editions and scholarly transcriptions.