James G. Birney (1792-1857) founded the abolitionist newspaper, the Philanthropist. In 1836, a mob destroyed his press and went on to riot several nights, attacking Black homes in the city.
A group, calling themselves “the friends of Order, of Law, and the Constitution” that included future Supreme Court Justice Salmon Chase criticized such actions. They observed that any individual had the right “to write, speak, and print, upon every subject, as he may think proper, being responsible to the laws and the laws ONLY, for the abuse of that liberty” (Curtis 1997, 1130).
Birney, a lawyer and journalist who was educated at Princeton, originally intended to publish his abolitionist newspaper in Kentucky, but could not find a publisher. He subsequently moved to Richmond, Ohio, and later to Cincinnati, in part because the Ohio constitution opposed slavery and guaranteed the right to speak out against it.
Despite such guarantees, Birney faced rising opposition to publication of his views, but he persisted in part because he thought that actions taken against him and his supporters would bring greater attention to, and support of, abolitionist efforts.
Mob attacks abolitionist newspaper in Cincinnati in 1836
On July 12, 1936, the mob, largely supported by other newspapers in the state who thought that the U.S. Constitution had guaranteed the perpetuation of slavery and that abolitionism was a threat to the state’s commerce with the South, destroyed part of his press. It was, however, repaired and continued to publish on behalf of the Ohio Anti-Slavery Society. Citing the Boston Tea Party and prior incidents of tarring and feathering, political opponents continued to advocate extralegal and illegal actions to suppress such publications
After the Cincinnati Whig published the name and address of Birney’s publisher, a mob, at which the mayor was present, attacked again, this time breaking the press into pieces and dumping it into the river. Although the mob was unable to locate Birney or his publisher and harm them, its members later attacked the homes of Blacks in the city and continued to riot for several nights (Curtis 1997, 1129).
These events demonstrate that mob violence has sometimes undermined constitutional guarantees of free speech and press. This was particularly true in the time before the adoption of the 14th Amendment and subsequent Supreme Court decisions that applied the provisions of the First Amendment to the states.
With support and despite continuing anti-abolitionist opposition, the Philanthropist continued to operate, and abolitionists redoubled their efforts in Ohio and elsewhere.
A year later in 1837, the abolitionist and pastor Elijah Lovejoy was killed in an attack on his press in Alton, Illinois. The next year, rioters burned down Pennsylvania Hall in Philadelphia, which had been constructed as a forum for free discussion of slavery and other issues.
In the meantime, abolitionist petitions led to the adoption of gag orders in Congress and attempts to exclude abolitionist materials from the mail.
Birney ran for president in 1840 and 1844
Splitting with abolitionists who interpreted the U.S. Constitution as a proslavery document and refused to participate in political party activity, in 1840 and 1844, Birney ran unsuccessfully for president under the label of the Liberty Party. It advocated for First Amendment rights and the abolition of slavery.
In time Birney moved to Saginaw, Michigan, but, after being injured in a horseback riding accident in 1845 that partially paralyzed him, he moved to New Jersey where he died.
John R. Vile is a political science professor and dean of the Honors College at Middle Tennessee State University.