Indictment of Jedediah Peck
6/27/1799
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This indictment comes from the court case The United States vs. Jedediah Peck.
Jedediah Peck served as judge for a NY state court and was elected to the NY state legislature as Federalist. He, however, disagreed the Federalist’s passage of the Alien and Sedition Acts that increased the requirements for citizenship and limited freedom of expression respectively. In April 1799 he distributed a petition; for that and the specific language that it used, Jedediah Peck (an elected representative) was one of 25 people arrested for violating the Sedition Act.
Affidavits from witnesses described him carrying a 6-inch stack of handbills with him and telling others that Congress was threatening the liberties of the United States. His indictment in this case describes the language of the petition to the House and Senate as containing “false, scandalous and malicious writings.” Among other claims, Peck was arrested for attacking the Alien and Sedition Acts and saying they were “obnoxious to a generous and free people” and so wicked that they’d “convert Freemen into Slaves.”
Though Jedediah Peck was arrested and subject to two years in jail and a $2,000 fine, he never went to trial. The U.S. Attorney (after reaching out to the Secretary of State and President John Adams himself) decided to not pursue the case. For Jedediah Peck, his controversial statements helped gain him support as would be re-elected to the NY State legislature. Today is credited by some as the father of the NY public school system.
This document is featured in the primary source-based student workbook "Putting the Bill of Rights to the Test."
Jedediah Peck served as judge for a NY state court and was elected to the NY state legislature as Federalist. He, however, disagreed the Federalist’s passage of the Alien and Sedition Acts that increased the requirements for citizenship and limited freedom of expression respectively. In April 1799 he distributed a petition; for that and the specific language that it used, Jedediah Peck (an elected representative) was one of 25 people arrested for violating the Sedition Act.
Affidavits from witnesses described him carrying a 6-inch stack of handbills with him and telling others that Congress was threatening the liberties of the United States. His indictment in this case describes the language of the petition to the House and Senate as containing “false, scandalous and malicious writings.” Among other claims, Peck was arrested for attacking the Alien and Sedition Acts and saying they were “obnoxious to a generous and free people” and so wicked that they’d “convert Freemen into Slaves.”
Though Jedediah Peck was arrested and subject to two years in jail and a $2,000 fine, he never went to trial. The U.S. Attorney (after reaching out to the Secretary of State and President John Adams himself) decided to not pursue the case. For Jedediah Peck, his controversial statements helped gain him support as would be re-elected to the NY State legislature. Today is credited by some as the father of the NY public school system.
This document is featured in the primary source-based student workbook "Putting the Bill of Rights to the Test."
Transcript
[Page 1]New York [illegible]: The jurors for the United States of America for the NewYork District in the Eastern Circuit upon their Oath present that Jedediah Peck of the Town of Burlington in the County of Otsego in the New York district Esquire being a wicked seditious and ill disposed Person, and wickedly and maliciously in tending and contriving to defame the Government of the said United States , and the Congress thereof, and to stir up sedition within the said United States, and to excite the Hatred of the good People of the said States against the said Government and Congress, on the Fifteenth Day of April in the Year of our Lord one thousand seven hundred and ninety nine with, Force and Arms at the Town of Otsego in the County of Otsego in the New York District wickedly maliciously and unlawfully utred and published, and caused and procured to be uttered and published and aided and assisted in uttering & publishing a certain false scandalous and malicious Writing against the Government of the United States, & against the Congress and President of the said States, addressed to the Senate and Representatives of the United States in Congress assembled, in which said
[Page 2]
said Writing are contained among other Things divers false, scandalous & malicious matters according to the Effect following, to wit, “To our minds, under the purest and most deliberate Exercise, they (the measures of Congress meaning) present instead of Objects of Exultation or Complacency, Applause or Approbation a Series of Evils equally diffusive and calamitous, equally general and destructive – a foreign war, a violated Constitution and a divided People” and also divers other false scandalous and malicious matters according to the Effect following, that is to say, “But when we find Declarations thus open & explicit (meaning certain Declarations of the Minister of the French Republic for foreign affairs stated in the said writing) accompanied by Acts of substantial Justice, we should betray a miserable jealousy or criminal scepticism were we to join the Administration (meaning the President and principal officers concerned in administering the Government of the said United States) in concluding that we can discover in the French Government only empty Professions of a Desire to conciliate. So far from this we perceive in their Acts (The Acts of the French government meaning) an approach to accommodation, which if met on our Part with similar Dispositions might soon revive the cordiality and intercourse which ever an
[Page 3]
to exist between two people mutually professing an attachment to Peace & mutually acknowledging its freedom and virtue. It is therefore with the deepest concern that we find measures originating in [illegible] and prosecuted in [illegible], become the foundation of a system of alarm, of suspicion of Tyranny, and of Expence ( meaning to insinuate that the measures of the said Government of the United States were a system of alarm, of suspicion, of Tyranny, and of unjustifiable Expense) which no state of things could justify, and scarcely any extenuate” - and in which said writing [illegible] also contained divers other false, scandalous & malicious Matters to the Effect following that is to say “The parts of this System (the said measures of the Government of the United States meaning) which most immediately engage our attention, and to which we are most desirous of directing yours, are the two Laws, passed at your last session (the then last session of the said Congress meaning) usually denominated the Alien and Sedition Laws and Act providing for the Augmentation of the Army - The first of these Laws (a certain Act of the said Congress entitled “An act concerning Aliens” meaning how all the characters which can make it obnoxious to a generous and free People. It is cruel, unjust, unnecessary, impolitic and unconstitutional” – And in which said writing are also contained divers other false scandalous and malicious matters to the Effect following that is to say, “To the Sedition Law (a certain Act of the said Congress
[Page 4]
Congress entitled “An act in Addition to the Act intituled An Act for the Punishment of certain crimes against the United States meaning) our Objections are still stronger than to the Alien Laws, because the abuses to which it is liable, are equally vicious in their Character, and more general in their Operation. The former assails the few, the latter attacks the many. The former is directed as Foreigners; the latter is leveled as ourselves. The former tyrannizes over men, who in general have been born and bred under oppression. But it is the superlative Wickedness of the latter to convert Freeman into Slave.” – And in which said Writing are also contained divers other false scandalous and malicious matters according to the Effect following “But it is not or this ground alone that we think the late augmentation of the Army (the Army of the said United States meaning) unnecessary. The Law executing it is predicated upon a Declaration of War against the United States, an actual Invasion of their Territory, or an imminent danger of each Invasion discovered in the Opinion of the President to exist. That any Declaration of War against the United States, or any actual invasion of their Territory does exist will not be pretended. It follows then that this Law is put into operation from some imminent Danger of Invasion discovered in the opinion of the President to exist. But from what quarter is such invasion to be expected? It is from a nation wh [illegible - cut off] Ruler.
[Page 5]
Rulers declare themselves anxious for Reconciliation? A Nation already exhausted by defeat? A Nation, whose ports are all a state of Blockade? A Nation, which the most confidential Servant of the Cabinet informs us, will not, in the short period of two additional years, have a single ship afloat upon the Ocean? A Nation wasting itself in barren conquests on the opposite side of the Globe? A Nation on the Eve of a new Rupture with the great continental Powers of Europe? A Nation in short which can no longer attack her own subjects, nor control her own Dependencies? Is it from a People this impotent and embarrassed that we have to dread an Invasion? It is impossible; they are the Fears of Dotage, or Circumspection of Cowardice, and merit only Pity or Contempt” - all which false scandalous & malicious matters & the said writing containing the same were so as aforesaid uttered and published, & caused and procured to be uttered and published & the said Jedediah Peck did so as aforesaid aid and assist in uttering & publishing the same in open Violation of the Laws of the United States, to the evil & pernicious example of all others in the like Case offending, against the Form of the Statute in such Case thereof made & provided, and against the Peace of the said United States & their Dignity.
[Page 6]
U. States
vs.
Jedh. Peck
(Indictment)
A True Bill
John Shaw
Foreman -
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 18559138
Full Citation: The United States vs. Jedediah Peck; 6/27/1799; Criminal Case Files, 1790 - 1912; Records of District Courts of the United States, Record Group 21; National Archives at New York, New York, NY. [Online Version, https://www.docsteach.org/documents/document/indictment-jedediah-peck, April 18, 2025]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.
