The election of 1796, however, was not between George Washington and John Adams, but rather it was between John Adams and Thomas Jefferson. Although the Aurora preferred Jefferson to Adams, it spent much of its efforts supporting Jefferson rather than launching a brutal attack on Adams; it promoted Jefferson, but did not denounce Adams outside of a few criticisms. Therefore, when Jefferson lost the election to Adams, Bache did not feel outraged and afraid for the republic. Bache viewed himself as independent of party, and hence believed in giving each political leader an opportunity to act out his policies: Adams would receive a “fair trial.”(19)
On John Adams
Once Adams gave his inauguration speech, Bache began to praise the new President. “The leading features of the President’s speech are patriotism and conciliation [from the late party warfare],” the Aurora observed. Adams would be able “to soothe the irritated public mind and to harmonize the different parties.”(20)
Bache was glad that the speech provided “candid and decent respect to the legislatures of the individual states.” But most importantly, the speech was an “address of a fellow citizen, who will not deign to become the President of a Party, but the PRESIDENT OF THE UNITED STATES.”(21)
Adams was “the enemy of party” with “a will and an understanding of his own”(22)
who would “not be the tool of any man or set of men”(23)
and therefore was going to serve as “the president of the people, and not of a party.”(24)
Bache also kept in mind that Thomas Jefferson was going to serve as Vice President as a result of his second-place finish in the election of 1796. “Upon the whole,” announced the Aurora, “America has a right to rejoice in the prospect she has of a wise and virtuous administration under two such distinguished patriots as Adams and Jefferson.”(25)
Bache was glad to see that Adams had called a special session of Congress in May of 1797, for he believed it showed the willingness of the President to “consult the wishes of the people.”(26)
Adams was consulting Congress rather than the Cabinet; he was consulting the elected rather than the appointed. The Aurora supportively printed, “When he wishes for counsel in high matters he looks to popular representation for it, rather than to an official council.” It was a clear sign that Adams had a “profound judgment of his own.”(27)
But once President Adams gave his “war speech”(28) to the special session of Congress, Bache lost his good faith in the reconciliatory power of Adams in the nation. In response to French raids on American ships after the British-favoring Jay Treaty, Adams had called for the construction of three frigates, the arming of merchant ships, the reinforcement of the militia, and the formation of a provisional army (in case the United States entered a war with France).
Adams was ignoring “depredations”(29) to American shipping by the British but was condemning the French for their raids. The “president by three votes” (Adams had won the presidency by just three electoral votes in the election of 1796 [more on the electoral process before the 12th Amendment]) had “completely deceived the people, who were led by his inauguration speech and other circumstances to believe, that he was of no party, and that he was under no extraneous influence.”
But in his speech to the special session of Congress, Adams had “thrown aside the masque” and hence the public was now able to see him “propria persona.”(30) Bache was greatly discouraged:
“We do believe, that the glorious spirit that freed this country from the British shackles has too much slumbered of late.”(31)
During the XYZ Affair, Bache’s disapproval of Adams continued. Adams had announced on 31 May 1797 that he would send a three-man commission to France to work out a diplomatic solution. The three men Adams picked were all very strong Federalists (and therefore Anglophiles and Francophobes), and of course Bache understood this as another step taken by Adams to promote the outbreak of war with France. The Aurora fearfully asked on 2 June 1797, “Can it be supposed that success will attend this negotiation when the persons who are nominated, will carry with them the temper of a British faction, instead of the temper and sensibility of the people of the United States?”
Bache’s newspaper attacked: “Disguise it as they will the disposition of the presidential party is for war, and if they can effect it by such means as will deceive the people, war we shall have.”(32)
As it turned out, the three-man commission (when one of the originally nominated three men declined to serve, he was replaced by a man considered politically neutral) sent by Adams was rejected by the French foreign minister Charles Maurice de Talleyrand – in letters regarding the terms of receiving the three-man commission, the three men would be referred-to as the X, Y, and Z; hence the term XYZ Affair. The commission dissolved, and the three-man commission was never received. Adams had acted with the “temper of a man divested of his reason, and wholly under the dominion of his passions.”(33)
With the increasing shrillness of the press and polarization of the two political factions, in May of 1798, Abigail Adams, wife of John Adams, commented about Bache in a letter to her sister: “If that fellow & his Agents Chronical, and all is not surpressed, we shall come to a civil war.”(34)
One month later, in June of 1798, just ten days after the Aurora had published the letter from French foreign minister Talleyrand concerning the XYZ Affair, Bache was under arrest by the federal government under the Sedition Act – although the Sedition Act had still not passed through Congress at this point in June, it would soon pass and be signed by President Adams on July 14. The Sedition Act made illegal anything that the federal government arbitrarily deemed “false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States.” With the French Revolution taking place, and with so many republicans supporting it, this was a time when those in political power had a serious fear of revolution within their own country.
The Sedition Act was a piece of legislation that the Federalists propelled through Congress for “the suppression of the Whig presses,” as Vice President Thomas Jefferson wrote to James Madison on 26 April 1798, and “Bache’s [newspaper] has been particularly named.”(35)
Not surprisingly, Representative John Allen of Connecticut, launched a blistering attack against the Aurora on the Congressional floor, stating that its purpose was “to overturn and ruin the Government by publishing the most shameless falsehoods against the Representatives of the people of all denominations.”
Allen went still further by claiming that “a conspiracy against the Constitution, the Government, the peace and safety of this country, is formed, and is in full operation.”(36)
As a result, on 27 June 1798, the Aurora reported, “The Editor of the Aurora was yesterday arrested… on the charge of libeling the President & the Executive Government, in a manner tending to excite sedition and opposition to the laws, by sundry publication and re-publications.”(37)
Bache had been arrested before the Sedition Act even made it through the legal process, thus showing just how much the legislation was meant to target him even more so than other opposition press. On 29 June 1798, Bache was released on $4000 bail with a trial scheduled for October.
Despite having just been prosecuted by the law for publishing against the government, Bache steadfastly returned from jail and spent the summer continuing to criticize that very government that had prosecuted him by attacking the Sedition Act through the Aurora. “Prosecution no more than persecution” could keep this devout patriot from fighting for “the cause of truth and republicanism.”(38)
He protested the fact that “printers are subjected to prosecution for every sentence in their papers which the eye of a jealous government can torture into an offence.”(39)
He condemned the Federalist faction for this usurpation: “What is a faction? It is any number of men, in or out of office, eager to obtain or maintain themselves in power, in direct violation of the laws or Constitution or in opposition to the interests of a nation.”(40) Most of all, Bache emphasized the Sedition Act’s violation of the Constitution:
The Constitution of the United States says that “Congress shall make no law abridging the freedom of speech or of the press,” but Congress have passed a law abridging the freedom of the press and therefore the Constitution infracted. Quere, of what efficacy is a law made in direct contravention of the Constitution?(41)
Bache could not perceive “any alternative between an abandonment of the constitution and resistance.”(42) He justified his position as such:
One of the first rights of a freeman is to speak or to publish his sentiments; if any government founded upon the will of the people passes any ordinance to abridge this right, it is as much a crime as if the people were, in an unconstitutional way, to curtail the government of one of the powers delegated to it. Were the people to do this, would it not be called anarchy? What name shall then be given to an unconstitutional exercise of power over the people? In Turkey the voice of government is the law, and there it is called despotism. Here the voice of government is likewise the law and here it is called liberty.(43)
Bache went still further:
We perfectly agree with Noah Webster, when he declares, “That moment in which the regular authorities cease to govern, that moment the principles of our constitution are prostrated, and we are slaves.” – and when these regular authorities stretch the power delegated them by the people we would ask, what becomes of the principles of the constitution – and what are we then?(44)
One very noteworthy difference between the opposition of Bache toward the Sedition Act and the opposition of other republicans toward the Sedition Act was the very basis for that opposition. For example, Vice President Thomas Jefferson, through the Kentucky Resolutions, argued against the Sedition Act based primarily on the principles of state sovereignty. That is, Jefferson thought the Sedition Act to be an overstepping of federal powers over state powers. In Jefferson’s view, the First Amendment was in the federal Constitution and therefore applied only to the federal government, not to the individual state governments – in other words, a state government could pass a bill similar to the Sedition Act as long as it did not violate that state’s constitution. In the Kentucky Resolutions [p.1/p.2/p.3/p.4], the argument made by Jefferson for the principle of free speech was only secondary to that of state sovereignty. Benjamin Bache, on the other hand, opposed the Sedition Act by emphasizing the natural right of the people to have a free press unabridged by any government – Bache was opposing it on more libertarian grounds. The historian James Tagg explained it in the following manner: “The Sedition Act was an ill wrought piece of legislation that ignored the idea of a legitimate opposition and naively assumed that truth was an absolute that could be teased out of even political disagreements of opinion… [The Sedition Act] created an ugly atmosphere of political persecution.”(45)
Bache’s Final Days
Bache, however, would never make it to his trial in October. He died on 10 September 1798, aged just twenty-nine years, from the fifth yellow fever outbreak of the 1790s – the Aurora would be subsequently be edited by his wife Margaret Bache, and shortly thereafter by William Duane until 1822. Bache’s wife justifiably considered his death to be “the loss of a man inflexible in virtue, unappalled by power or persecution.”(46)
Bache was an extremely uncompromising man of principle who held a “magnanimous moral core for the American republic which associated virtue with utility of reason and reason with a passion for justice.” The historian Jeffery Smith thought that “while the Federalists tended to approve of hierarchy and privilege in achieving harmony and well-being, the Republicans generally were striving for more equality and more favorable circumstances for personal advancement.”(47)
Within this context, Bache valued education above all – both education through school and education of the citizens of a republic through newspapers. Hence, in his will, written just three days before his death, Bache’s wish to his wife was simple: that their “dear Children [receive] a suitable and enlightened Education, such as shall be worthy of us, and advantageous to themselves and render them virtuous, generous, and attached to the immutable principles of Civil Liberty.”(48)
In fact, Thomas Jefferson himself recognized Bache as a man “of abilities, and of principles the most friendly to liberty and our present form of government.”(49)
Indeed, Bache was a man for liberty. It would be erroneous to classify Bache as a radical partisan, as most of historiography has done.(50) Despite becoming the premier newspaper in the nation for the voice of the Jeffersonian Republicans, he in fact was the independent publisher he always claimed to be. For example, he approved some of the fervently-Federalist Alexander Hamilton’s policies during the George Washington administration, and even initially approved of Washington himself. More telling, however, is the fact that Bache actually approved of the new president John Adams (whom he had previously opposed) at the beginning of his term despite the fact that he was the hand-chosen successor by George Washington, whom Bache greatly despised by that point. Bache did not blindly attack Adams for being a Federalist, but rather gave him an opportunity to show the character of his politics. Bache began to dislike the presidency of Adams only after the President began to present ideals and policies of which he disapproved.
Bache was a man influenced by thought from the Enlightenment and the American Revolution, and he believed it his duty to educate the public about any policies that may infringe on their natural rights, regardless of who was in office. He did not attack parties; he attacked policies – policies that he understandably believed were unjust, elitist, and infringing. Bache believed intensely in liberty; thus he was a libertarian, as can be seen through his zealous support of the free press based primarily on the natural rights of a free people rather than the Constitution itself. Certainly he used the Constitution to help justify his argument against the Sedition Act, but the root of his objection came from a deeper principle of liberty, not a government document that could be altered (this is why he could support liberty in all nations, such as he did for France, since he believed liberty to be a natural right, not a right derived from the United States Constitution per se). For Bache, the Constitution was merely the tool by which liberty was implemented in the United States, but it was not the basis for liberty in the United States.
Bache consistently opposed those who he believed had disconnected from the original ideals of the American Revolution - his perspective was indeed understandable. However, despite much adversity, Bache himself never wavered from the American Revolutionary ideals.