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Articles

John Wilkes and the Constitutional Right to a Free Press in the United States

NOTES

  • Pauline Maier, “John Wilkes and American Disillusionment with Britain,” The William and Mary Quarterly 20, no. 3 (July 1963): 373–95.
  • Boston Post-Boy and Advertiser (Boston: Green & Russell, June 20, 1763), 4. Many colonial newspapers are available through America's Historical Newspapers, online at http://infoweb.newsbank.com.
  • Leonard Levy, Emergence of a Free Press (New York: Oxford University Press, 1985), xviii. See also Leonard Levy, Freedom of Speech and Press in Early American History: Legacy of Suppression (New York: Harper & Row, 1963), and Leonard Levy, Legacy of Suppression: Freedom of Speech and Press in Early American History (Cambridge, Mass., Belknap Press of Harvard University Press, 1960).
  • Boris Johnson, Johnson's Life of London: The People Who Made the City That Made the World (New York: Riverhead Books, 2012), 153.
  • Levy, Emergence of a Free Press, 141–47.
  • Ibid., xviii.
  • Sir William Blackstone, Commentaries on the Laws of England (Oxford: Clarendon Press, 1765–1769), quoted in Levy, Emergence of a Free Press, 12–13. Italics in original.
  • Frederick Seaton Siebert, Freedom of the Press in England, 1476–1776: The Rise and Decline of Government Controls (Urbana: University of Illinois Press, 1965 [1952]), 5.
  • Richard W.T. Martin, The Free and Open Press: The Founding of American Democratic Press Liberty, 1640–1800 (Albany: New York University Press, 2001), 47–60.
  • Jeffery Smith, Printers and Press Freedom: The Ideology of Early American Journalism (New York: Oxford University Press, 1988), viii, 6–7.
  • Benjamin Franklin to William Franklin, April 16, 1768, in The Papers of Benjamin Franklin, ed. Leonard W. Labaree, William B. Wilcox, et al. (New Haven: Yale University Press, 1959-), 15: 98–99, quoted in Smith, Printers and Press Freedom, 148.
  • Smith, Printers and Press Freedom, 218, n. 14.
  • David A. Copeland, The Idea of a Free Press: the Enlightenment and its Unruly Legacy (Evanston, Ill: Northwestern University Press, 2006), 75–90, 226.
  • Ibid., quoting Siebert and Locke at 92; and Siebert, Freedom of the Press in England, 261.
  • Harold A. Innis and Mary Q. Innis, Empire and Communications (Toronto: University of Toronto Press, 1972), 153; and Peter Laslett, ed., in John Locke, Two Treatises of Government (Cambridge: University Press, 1960), 7.
  • John Locke [and Lord Ashbury, the Third Earl of Shaftesbury], The Fundamental Constitutions of Carolina (March 1, 1669), article 35. Experts suggest this Restoration constitution was coauthored by Locke's mentor, Lord Ashbury. See Laslett, in Locke, Two Treatises of Government, 24–33.
  • John Milton, Areopagitica and Of Education, ed. George H. Sabine (New York: Appleton-Century-Crofts, 1951), 49.
  • Copeland, Idea of a Free Press, 83–85.
  • Thomas L. Tedford and Dale A. Herbeck, Freedom of Speech in the United States, 4th ed. (State College, Penn.: Strata Publishing, Inc., 2001), 13–17.
  • Cato [John Trenchard and Thomas Gordon], “Of Freedom of Speech: That the same is inseparable from Publick Liberty,” (Letter no. 15), London Journal (Saturday, Feb. 4, 1720), from Cato's Letters; or Essays on Liberty, Civil and Religious, and Other Important Subjects (London: 1755, sixth edition; reprint, New York: Da Capo Press, 1971), 1: 96–102.
  • The Craftsman (London: Richard Francklin, Dec. 9, 1726, June 24, 1727, Sept. 28, 1728, and Nov. 2, 1728), quoted in Jeremy Black, The English Press in the Eighteenth Century (Philadelphia: University of Pennsylvania Press, 1987), 125.
  • Roger P. Mellen, The Origins of a Free Press in Prerevolutionary Virginia: Creating a Culture of Political Dissent (Lewiston, N.Y.: Edwin Mellen Press, 2009), 284.
  • Arthur H. Cash, John Wilkes: The Scandalous Father of Civil Liberty (New Haven, Conn.: Yale University Press, 2006), 371.
  • Ibid., 295. See also Pauline Maier, From Resistance to Revolution: Colonial Radicals and the Development of American Opposition to Britain, 1765–1776 (New York: Norton, 1991), 163.
  • Virginia Gazette (Williamsburg: Purdie and Dixon, April 11, 1766), 2. Many issues of this newspaper are available at the Rockefeller Library, Colonial Williamsburg, online at http://research.history.org/DigitalLibrary/VirginiaGazette/VGbyYear.cfm. Some originals and many photocopies are also in the Library of Congress. There were as many as four newspapers published simultaneously in Virginia with the same name. For detail, see http://research.history.org/DigitalLibrary/VirginiaGazette/VGbyYear.cfm
  • Jack Lynch, “Wilkes, Liberty, and Number 45,” Colonial Williamsburg Journal (Summer 2003), http://www.history.org/foundation/journal/summer03/wilkes.cfm.
  • Maier, “Wilkes and American Disillusionment,” 373–95.
  • The number 45 is rendered here as a numeral instead of words to conform to the style used by Wilkes and his contemporaries as they referred to that particular issue of his newspaper in their writings.
  • Boston Evening-Post (Boston: Thomas and John Fleet, Aug. 21, 1769), 2.
  • Lynch, “Wilkes, Liberty, and Number 45.”
  • R. des Habits, forward to The Life of John Wilkes, Patriot; an Unfinished Autobiography, by John Wilkes (London: The Lion and Unicorn Press, 1955), 12–3.
  • Virginia Gazette (Williamsburg: William Rind, Jan. 11, 1770), 2.
  • Wilkes's imprisonment, expulsion from Parliament, and exile to France following charges of seditious libel began with his publication of the 45th issue of The North Briton.
  • The North Briton, 44 (London: John Wilkes, April 2, 1763; reprint, Dublin: printed for James Williams, 1766). Italics in original.
  • The North Briton, 45 (London: John Wilkes, April 23, 1763). Italics in original.
  • Cash, John Wilkes: Scandalous Father, 101–5.
  • The New-York Gazette (New York: William Weyman, June 20, 1763), 3.
  • Boston Evening-Post (Boston: Thomas & John Fleet, June 20, 1763), 2.
  • Cash, John Wilkes: Scandalous Father, 122–23.
  • Arthur H. Cash, An Essay on Woman: by John Wilkes and Thomas Potter (New York: AMS Press, 2000), 14.
  • Ibid., 85–87, and “puerile” from Johnson, Life of London, 150.
  • Cash, An Essay on Women, 33.
  • Ibid., 5.
  • The Pennsylvania Gazette (Philadelphia: Benjamin Franklin and David Hall, Feb. 16, 1764), 2.
  • Quoting Benjamin Franklin to William Franklin, April 16, 1768, Memoirs of Ben Franklin, edited by William Temple Franklin (London: Printed for Henry Colburn, 1818), vol. 2, 162, Google books, http://books.google.com/books?id=YmMFAAAAQAAJ.
  • Benjamin Franklin and William Duane, Memoirs of Benjamin Franklin, vol. 1 (Philadelphia: McCarty & Davis, 1840), 34.
  • Cash's John Wilkes: Scandalous Father, Peter D. G. Thomas, John Wilkes; A Friend to Liberty. (Oxford: Clarendon Press, 1996), and Maier's article on Wilkes are the best biographical sources. For Wilkes as a colonial influence, see Maier, From Resistance to Revolution, 162–69.
  • Maryland Gazette (Annapolis: Jonas Green, March 27, 1766), 2.
  • Virginia Gazette (Williamsburg: Purdie & Dixon, May 6, 1768), 1.
  • Maier, “Wilkes and American Disillusionment,” 389–91.
  • Cash, John Wilkes: Scandalous Father, 241 and 295.
  • Johnson, Life of London, 153. Isaac Barré was a prominent member of Parliament who opposed the taxation of the American colonies.
  • Pennsylvania Gazette (Philadelphia: David Hall and William Sellers, Oct. 30, 1766), 2. John Wilkes Booth was also named after John Wilkes, who was a collateral ancestor, according to Cash, John Wilkes: Scandalous Father, 356.
  • South-Carolina Gazette (Charlestown: Peter Timothy, Oct. 3, 1768), quoted in Maier, From Resistance to Revolution, 70.
  • South-Carolina Gazette (Charlestown: Peter Timothy, Sept. 13, 1768), 2.
  • Virginia Gazette (Williamsburg: Purdie and Dixon, June 18, 1767), 1.
  • Stella Duff, “The Case against the King: The Virginia Gazettes Indict George III,” William and Mary Quarterly, 6: 3 (July 1949): 390.
  • This index is not complete, as many issues of the Virginia Gazette have been discovered since their indexing here, but gives us an excellence sense of appearances in print. Very few issues of this newspaper from 1763–1764 are extant. See Lester J. Cappon and Stella F. Duff. Virginia Gazette Index, 1736–1780 vol. 1–2 (Williamsburg: The Institute of Early American History and Culture, 1950.)
  • Virginia Gazette (Williamsburg: Purdie and Dixon, Jan. 15, 1766), 2.
  • Cash, John Wilkes: Scandalous Father, 316–18.
  • Johnson, Life of London, 172.
  • Dwight L. Teeter Jr. “Decent Animadversions: Notes toward a History of Free Press Theory,” in Donovan Bond and W. Reynolds McLeod, ed., Newsletters to Newspapers: Eighteenth-Century Journalism, Papers Presented at A Bicentennial Symposium at West Virginia University, Morgantown, West Virginia March 31-April 2, 1976 (Morgantown, W.V.: School of Journalism, 1977), 237.
  • [English] Bill of Rights, 1689, in Bernard Schwartz, ed., The Bill of Rights: A Documentary History (New York: Chelsea House in association with McGraw Hill, 1971), 1: 43; Copeland, The Idea of a Free Press, 60–98; and Douglas Fraleigh and Joseph Tuman, Freedom of Speech in the Marketplace of Ideas (Boston: Bedford/St. Martin's, 1997), 48.
  • Roger P. Mellen, “Thomas Jefferson and the Origins of Newspaper Competition in Pre-Revolutionary Virginia,” Journalism History 35, no. 3 (2009): 151–61.
  • Virginia Gazette (Williamsburg: William Parks, Aug. 6, 1736), 1. Although this first issue is no longer extant, this “Printer's Introduction” was quoted in William Maxwell, ed., The Virginia Historical Register, and Literary Companion, 6 (1853): 21–31.
  • The North Briton, 1 (London: John Wilkes, June 5, 1762.) Italics in original.
  • Siebert, Freedom of the Press in England, 5.
  • Ibid., 380–84.
  • Eckhart Hellmuth, The Transformation of Political Culture: England and Germany in the Late Eighteenth Century (Oxford: Oxford University Press, 1990), 2 and 467–501.
  • Maryland Gazette (Annapolis: Jonas Green and William Rind, July 11, 1765), 1.
  • The North Briton, 191 (London: John Wilkes, Nov. 17, 1770), quoted in Virginia Gazette (Williamsburg: William Rind, May 16, 1766), 2.
  • Virginia Gazette (Williamsburg: Purdie and Dixon, June 13, 1771), 2.
  • Virginia Gazette (Williamsburg: Purdie and Dixon, June 27, 1771), 2.
  • Virginia Gazette (Williamsburg: Purdie, May 26, 1775), 3.
  • Virginia Gazette (Williamsburg: John Dixon and William Hunter, May 18, 1776), 1. Italics in original. The word “palladium” had been used earlier in the Virginia Gazette (Rind, May 21, 1772) by “Junius,” and use of the term in an anonymous English pamphlet in 1770 is noted by Hellmuth, Transformation of Political Culture, 487.
  • Helen Hill Miller, George Mason: Gentleman Revolutionary (Chapel Hill: The University of North Carolina Press, 1975), 148–49.
  • Authorship of this press clause is not clear. While most historians attribute the writing of this to George Mason, who wrote the bulk of the Virginia Declaration of Rights, Irving Brant in James Madison, (Indianapolis: Bobbs-Merrill, 1941–1961), 1: 239, discovered a first draft that included the press clause not in Mason's handwriting, but rather written by the committee secretary, Thomas Ludwell Lee. For analysis of possible authorship, see Mellen, The Origins of a Free Press, 258–63.
  • The North Briton, 1 (London: John Wilkes, June 5, 1762.)
  • Stephan A. Schwartz, “George Mason: Forgotten Founder, He Conceived the Bill of Rights,” Smithsonian Magazine 31, no. 2 (May 2000): 149.
  • Johnson, Life of London, 169.
  • Thomas, John Wilkes; a Friend to Liberty, 219.
  • Peter D. G. Thomas, “John Wilkes and the Freedom of the Press (1770),” Bulletin of the Institute of Historical Research, xxxiii (1960): 86–98.
  • See for example Thomas, John Wilkes; a Friend to Liberty, 215–20.
  • Maier, “Wilkes and American Disillusionment,” 373–95, and Maier, From Resistance to Revolution.
  • Cash, John Wilkes: Scandalous Father, 3.

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