During his service as United States Attorney, Hay served as prosecutor during the trial of Aaron Burr.[4]
Advocacy
Hay was an advocate for freedom of the press, and became known for his defense of James T. Callender at Callender's Sedition trial.[5]
Hay became a strong advocate of slavery and authored a series of heavily proslavery pieces during the Missouri Crisis under the penname of "An American."
It is obvious in itself and it is admitted by all men, that freedom of speech means the power uncontrouled by law, of speaking either truth or falsehood at the discretion of each individual, provided no other individual be injured. This power is, as yet, in its full extent in the United States. A man may say every thing which his passion can suggest; he may employ all his time, and all his talents, if be is wicked enough to do so, in speaking against the government matters that are false, scandalous, and malicious; but he is admitted by the majority of Congress to be sheltered by the article in question, which forbids a law abridging the freedom of speech. If then freedom of speech means, in the construction of the Constitution, the privilege of speaking any thing without controul, the words freedom of the press, which form a part of the same sentence mean the privilege of printing any thing without controul.[7]
A citizen stands safe within the sanctuary of the press, if he should endeavour to prove that there is no God, or affirm, that there are twenty Gods: If he condemns the principle of republican institutions, and contends, that liberty and property can never be secure, but under the protection of aristocracy or monarchy: If he censures the measures of our government, and of every department and officer there-of, and ascribes the measures of the former, however salutary, and the conduct of the Matter, however upright, to the basest motives; even if he ascribes to them measures and acts which never had existence; thus violating at once, every principle of decency and truth.[8]
^“President, Planter, Politician: James Monroe, the Missouri Crisis, and the Politics of Slavery,” Journal of American History, 105 (March 2019), 843 – 867
^Adams, Henry. History of the United States of America during the Administrations of Thomas Jefferson. The Library of America Edition. p. 909.
