The Trial of Thomas Cooper
Actions before the Trial
Thomas Cooper, a writer and prominent figure, was a defender of the First amendment and thus was primed to be supported during and after his trial. Cooper believed that there should be a broad interpretation of the freedoms of speech and press, and that those freedoms should not be limited. In a published writing of his, Cooper stated everyone should have a right of “publishing every opinion on subjects of importance, whatever may be its real or supposed tendency”.1 This advocacy for these freedoms is compelling context for his trial. Thomas Cooper wholeheartedly believes in this principle, as he participated in the publishing of his own opinions, which led to his indictment. Cooper published writings defending himself from slanderous words, saying of President John Adams, “he was hardly in the infancy of political mistake: even those who doubted his capacity, though well of his intentions”.2 Thomas Cooper was simply trying to defend himself, and yet a mention of the President would put him on trial. Cooper’s defense of these principles and then his action on them makes for a perfect martyr.
Thomas Cooper's Defense
Thomas Cooper’s defense highlights how his American freedoms are being trespassed upon, making a powerful statement to the public. Cooper directly discusses the freedoms of the First Amendment, and why he should not be prosecuted for speaking his opinion. Cooper was concerned with the fact that the press is limited in the content they can publish, saying “the press is open to those who will praise, while the threats of the law hang over those who blame the conduct of the men in power”.3 Cooper believes that it is unfair to reward those who praise the government, and punish those who do the opposite, as that is not what the First Amendment intended to protect. Cooper proceeds further in his defense, questioning the Sedition Acts interpretation on freedom of speech. Cooper states he knew that the King of England is exempt from public criticism, but “did not know till now that the President of the United States had the same attribute”.4 This defense targets the sensitivities of the revolution, and disparages the idea that free speech shouldn’t be allowed in America. By continuing to highlight the ideas of American freedoms, Cooper plays to a wider audience outside of the courtroom, riling up feelings from the revolution.
Imprisonment and Aftermath
Thomas Cooper’s commitment to the freedom of speech and press in his writings inspired political change. As seen in his trial, he was very committed to defending the principles of the First Amendment, and he continued this trajectory following his imprisonment. In prison, he published an account of his trial, titled “Prison of Philadelphia”.5 This publication allowed voters to see the direct consequences of the Sedition Acts on fellow Americans, and allowed Americans to see the rhetoric he used in his defense. These writings solidified Thomas Cooper as a victim of the Sedition Acts, and riled up anger among the citizenry. This account of his trial became a public relations nightmare for the Republican party leading up to the elections of 1800, and confirmed that many Americans held similar views to Cooper on the protections of the First amendment.6 This rallying cry from Cooper thus strengthened the Amendment’s power, as it caused widespread support for the broad interpretation of the First Amendment.
1 Thomas Cooper, Tracts Ethical, Theological and Political (Warrington, UK: W. Eyres, 1789), 176, 177. as quoted in Bird, "Criminal Dissent”, 301
2 Thomas Cooper, An account of the trial of Thomas Cooper, of Northumberland; on a charge of libel against the president of the United States; taken in short hand" Philadelphia: John Bioren, 1800., 6
3 Thomas Cooper, An account of the trial of Thomas Cooper, 19
4 Thomas Cooper, An account of the trial of Thomas Cooper, 20
5 Bird, Criminal Dissent: Prosecutions Under the Alien and Sedition Acts of 1798”, 301
6 Ibid.