Indictment in the Case of U.S. v. Matthew Lyon
10/1798
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This document comes from the court case U.S. v. Matthew Lyon. It includes the arrest warrant, indictment, bill of costs, extract of costs, and warrant for punishment (mittimus). These documents include information about the charges against and conviction of Lyon, a publisher and member of Congress, for sedition under the Sedition Act of 1798, and specify the fines and punishment imposed.
Transcript
United States Vermont District ss. Circuit Court October Term 1798} To the Circuit Court of the United States now sitting at Rutland within and for the District of Vermont, the [illegible] within and for impannelled and Sworn on their oaths present the body of the district of Vermont now here in court that Matthew Lyon of Fairhaven in the said District of Vermont, being a malicious and seditious person and of a depraved mind and wicked and diabolical disposition and deceitfully wickedly & maliciously contriving to defame the government of the United States and design to defame the said government of the United States and Adams the President of the United States and to bring the government and the President into contempt and disrespect and with intent and design to excite against the said Government and President hatred of the good people of the United States and to stir up sedition in the United States - [strikethrough: Did] at Windsor in the said District of Vermont on the thirty first day of July last, [strikethrough: for that purpose] did with force and arms wickedly knowingly and maliciously write print utter and publish, and did then and there cause and procure to be written uttered and published a certain scandalous [strikethrough: malicious] seditions writing or libel in form of a letter directed to Mr. Spooner (meaning Alden Spooner printer and publisher of a certain weekly newspaper in Windsor aforesaid commonly called Spooner's Vermont Journal - signed by the [strikethrough: proper hand writing of him] the said Matthew Lyon, and dated at Philadelphia on the twentieth day of June last: in which said libel of and concerning the said John Adams President of the United States and the executive government of the United States are contained, among other things, diven scurrilous, feigned false, scandalous, seditious & malicious matter according to the tenor following to wit - "As to the Executive (meaning the said President of the United States) when I shall see the efforts of that power, (meaning the executive power of the United States vested by the constitution of the United States in the said President) bent on the promotion of the comfort the happiness and accommodation of the people (meaning the people of the United States) That executive (meaning the President of the United States) shall have my (meaning the s.d Matthew Lyon's) zealous and uniform support - But whenever I (meaning the said Matthew Lyon) shall on the the part of the executive (meaning the said John Adams President of the United States) see every consideration of the public welfare swallowed up in a continual grasp for power in an unbounded thirst for ridiculous pomp foolish adulation or selfish avarice (meaning that on the part of the said John Adams President of the United States every consideration of the public welfare was swallowed up in a continual grasp for unconstitutional power and in an unbounded thirst for ridiculous pomp, foolish adulation and selfish avarice) When I, (meaning the said Matthew Lyon) shall behold men of real meritmerit daily turned out of office for no other cause but independency of [strikethrough: speech] sentiment (meaning that men of real merit holding offices under the laws and constitution of the United States were daily by the said John Adams as President of the United States turned out of office for the cause of having independency of spirit) When I, (Meaning the said Matthew Lyon) shall see men of firmness merit years [strikethrough: and real] abilities and experience discarded in their applications for office for fear they possess that independence, and men of meanness preferred for the case with which they can take up and advocate opinions the consequence of which they know but little of: (meaning that men of firmness, merit, years, ability and experience were by the said John Adams as President of the United States in violation of the duties of his said office neglected, i appointments to office under the laws and constitution of the United Stated and discarded in their applications for such offices and appointments, and that men of meanness who are unfit for the exercise of such offices under the laws and constitution of the United States were by the said John Adams as President of the United States preferred to such offices and appointments on account of the ease with which they took and advocated opinions of the consequences of which they were ignorant). When I (meaning the s.d Matthew Lyon) shall see the sacred name of religion employed as a state engine to make mankind hate and persecute one another, I, (meaning the said Matthew Lyon) shall not be their humble advocate (meaning that the sacred name of religion was, by the said John Adams in his capacity of President of the United States employed as an engine of state to make mankind hate and persecute each other). To the great scandal and infamy of the said John Adams in his capacity of President of the United States, and to the great scandal and infamy of the said government of the said United States ... And so the Jurors aforesaid upon their oaths aforesaid do say that the said Matthew Lyon at Windsor aforesaid on the thirty first day of July aforesaid did knowingly wickedly deceitfully and maliciously with intent and design to defame the said government of the United States and the said John Adams president of the United States, and to bring the said government and President of the United States into contempt & disrepute with the good people of the United States and to excite against them the s.d government and President of the United States of the good people of the United
United States and with intent and design to stir up sedition within the United States against the government thereof did write print utter and publish, and cause and procure to be written, printed uttered and published for the purpose aforesaid the said false feigned scandalous and malicious writing and libel aforesaid, containing among other things the said diven scurrilous false feigned scandalous seditions and malicious matters aforesaid, in contempt of the good and wholesome laws of the United States - to the evil and pernicious example of others in like case offending against the Statute of the United States in such case made and provided and against the peace and dignity of the United States.
And the Jurors aforesaid on their oaths aforesaid do further present that the said Matthew Lyon being a malicious and seditious person; and of a depraved mind, and of a wicked and diabolical disposition; and also deceitfully wickedly and maliciously contriving to defame the government of the said United States and with intent and design to defame the s.d government and with intent to defame John Adams Esquire the President of the United States and with intent to defame the Senate of the United States being one branch of the Congress of the United States, and to bring the said government president and Senate into contempt and disrepute and to excite against the said Government President and Senate the hatred of the good people of the United States and with intent and and design to stir up seditions within the United States did at Fairhaven in the said District of Vermont on the first day of September now last past with force and arms, wickedly knowingly and maliciously write print utter and publish and then & there did cause and procure to be written printed uttered and published a certain false feigned scandalous and seditious writing or libel entitled "Copy of a letter from an American Diplomatic Character in France to a member of Congress in Philadelphia" In which said writing or libel, or and concerning the s.d government of the United States and the said President and Senate of the United States, and of and concerning the speech of John Adams Esquire then President of the United States and of and concerning the answer of the said Senate to the said speech are contained, among other things, diven scurrilous, feigned, false, scandalous seditions and malicious matters according to the tenor following to wit - "The misunderstanding between the two governments (meaning the
the governments of the s.d United States and France) has become extremely alarming, confidence is completely destroyed mistrust, jealousy and a disposition to a wrong attribution of motives are so apparent as to require the utmost caution in every word and action that are to come from your executive (meaning the executive government of the United States) I mean if your object is to avoid hostilities. Had this [breth?] been understood with you of meaning the people of the United States) before [the] recall of Munroe (meaning James Munroe the late Ambassador from the United States to the Republic of France) before the coming and second coming of Pinkney (meaning Charles C Pinkney one of the late Envoys extraordinary from the United States to the said Republic of France) had it guided the pens that wrote the bullying speech of your President (meaning the s.d speech of John Adams, then & still President of the United States to both houses of Congress at the opening of their session in November 1797) and Stupid answer of your Senate (meaning the senate of the United States being one house of the Congress of the United Sates (at the opening of Congress (meaning the Congress of the United States) in November last (meaning at the session of the s.d Congress in November in the year of our Lord one thousand seven hundred and ninety seven) I should probably have had no occasion to address you this letter (meaning s.d writing or libel) But when we found him (meaning the said John Adams, President as afores.d borrowing the language of Edmund Burke and telling the world that although he should succeed in treating with the French (meaning the government of France) there was no dependence to be placed on any of their engagements (meaning the engagements of the s.d government of France) - + that their religion and morality (meaning the religion and morality of the French nation) were at an end, that they (meaning the French nation) had turned pirates and plunderers and it would be necessary to be perpetually armed against them (meaning the s.d French nation) though you are at peace. We (meaning the [strikethrough: French] people for France) wondered that the answer of both houses (meaning both houses of the Congress of the United States) had not been an order to send him (meaning the said John Adams Esquire President of the United States) to a mad house. Instead of this the Senate (meaning the Senate of the United States) have echoed the speech (meaning the said speech of the said John Adams as President of the s.d United States) with more servility than ever George the Third (meaning the king of Great Britain)
experienced from either house of Parliament (meaning the Parliament of Great Britain) To the great scandal and infamy of the said government of the s.d United States and the said John Adams President of the United States and the said Senate of the United States, being one of the houses of the Congress of the United States - And so the Jurors aforesaid upon their oaths aforesaid do say, that the said Matthew Lyon at Fairhaven aforesaid on the first day of September aforesaid did knowingly wickedly deceitfully and maliciously with intent and design to defame the said government of the United States and the s.d John Adams President of the United States and the Senate, being one house of the Congress of the Congress of the United States and to bring the said government President and Senate of the United States into great contempt and disrepute with the people of the United States and to excite against them s.d government, President, and Senate of the United States the hatred of the good people of this s.d United States and with intent to stir up sedition within the United States against the government thereof did write, print utter & publish and cause and [illegible] to be written printed uttered and published for the purpose aforesaid the said false feigned scandalous and malicious writing and libel aforesaid containing among other things, the said diven scurrilous false feigned scandalous seditious matters aforesaid in contempt of the good and wholesome laws of the United States - To the evil and pernicious example of others in like case offending against the Statute of the United States i such case made and provided, and against the peace and dignity of the said United States.
And the Jurors aforesaid upon their oaths aforesaid do further present that the s.d Matthew Lyon, being a malicious man of a depraved mind and wicked and diabolical disposition; and also deceitfully wicked and maliciously contriving to defame the government of the s.d United States and with intent and design to defame the said government and the said John Adams Esquire President of the s.d United States and the Senate, being one of the houses of the Congress of the s.d United States, and to bring the said government, president and Senate of the United States into disrepute and contempt, and with intent to excite the hatred of the good people of the United States against the said government and Senate of the s.d United States, and to stir up seditions within the United States against the government there of did
did at Fairhaven aforesaid on the first day of September aforesaid, for the purpose aforesaid, with force and arms knowingly wicked by deceitfully maliciously and willingly assist aid and abet in the falsely, and maliciously writing, printing, uttering and publishing a certain false feigned scandalous and seditious writing or libel entitled "Copy of a letter from an American diplomatic character in France to a member of Congress in Philadelphia" In which s.d writing or libel of an concerning the government of the United States and the s.d President and Senate of the United States and of and concerning the speech of the said John Adams President of the United States to both houses of the Congress of the United States and of and concerning the answer of the s.d Senate of the United States to the said speech of the said John Adams President of the United States. In which s.d writing or libel among other things are contained diven false scandalous seditious matters according to the tenor following to wit - Had this truth been understood with you (meaning the [strikethrough: good] people of the United States] before the recall of Munroe (
meaning James Munroe Ambassador from the United States to the Republic of France) before the coming and second coming of Pinkney (meaning Charles C Pinkney one of the Envoy Extraordinary from the United States to the said Republic) had it guided the pen that wrote the bullying speech of your President at the [illegible] of Congress in November last (meaning the speech of the s.d John Adams as delivered by him to both houses of the Congress of the United States at the opening of their session in November last, and the answer of the Senate being one of the houses of the said Congress, to the said speech) I should probably have had no occasion to address you this letter (meaning the said writing or libel last mentioned). We (meaning the people of France) wondered that the answer of (meaning the answer to the said speech) of both houses (meaning both houses of the Congress of the United States) had not been an order to send him (meaning the said John Adams President of the United States) to a mad house" to the great scandal and infamy of the said John Adams in his said capacity of President of the United States - the the great scandal and infamy of the said Senate, being one of the houses of the Congress of the United States - and to the great scandal and and infamy of the government of the said United States - And so the Jurors aforesaid upon their oaths aforesaid do say that the said Matthew Lyon with force and arms at Fairhaven
aforesaid in this district aforesaid on the first day of September aforesaid, did knowingly, willingly, wickedly and maliciously and with intent and design to defame the said John Adams, President of the United States, and the said Senate being one of the houses of the Congress of the United States and the said government of the United States and to bring the said government, President and Senate into contempt and disrepute with the good people of the United States and to excite against them, the said government President and Senate of the United States the hatred of the good people of the s.d United States, and with intent to stir up sedition within the s.d United States against the government thereof did aid assist and abet in the maliciously writing uttering and publishing for the purposes aforesaid the said false feigned scandalous and malicious writing and libel last aforesaid, containing among other things the said diven scurrilous false feigned scandalous seditious and malicious matters aforesaid - in contempt of the good and wholesome laws of the United States - to the evil and pernicious example of others in like case offending [illegible] to the form force and effect of the Statute of the United States in such case made and provided - and against the peace and dignity of the United States.
Indictment of Matthew Lyon
A True Bill
Eli Cogswell Foreman
G Juror
Circuit Court October 1 1798
Filed in Court October 5 1798
C Smith Jun Clk
Convicted O.7. 1798
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 24337395
Full Citation: Indictment in the Case of U.S. v. Matthew Lyon; 10/1798; U.S. v. Matthew Lyon; Case Files, 1792 - 1869; Records of District Courts of the United States, Record Group 21; National Archives at Boston, Waltham, MA. [Online Version, https://www.docsteach.org/documents/document/indictment-us-v-matthew-lyon, March 28, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.