Benjamin Fairbanks was an 18th-century farmer and selectmen from
Dedham, Massachusetts
Dedham ( ) is a New England town, town in, and the county seat of, Norfolk County, Massachusetts, United States. Located on Boston's southwestern border, the population was 25,364 at the 2020 United States census, 2020 census.
First settled by E ...
who received the lightest sentence of anyone ever convicted under the
Sedition Act of 1798
The Alien and Sedition Acts of 1798 were a set of four United States statutes that sought, on national security grounds, to restrict immigration and limit 1st Amendment protections for freedom of speech. They were endorsed by the Federalist Part ...
.
[
Fairbanks was charged with having a role in erecting the ]liberty pole
A liberty pole is a wooden pole, or sometimes spear or lance, surmounted by a "cap of liberty", mostly of the Phrygian cap. The symbol originated in the immediate aftermath of the assassination of the Roman dictator Julius Caesar by a group of Rom ...
in Dedham, along with David Brown. Brown held the ladder while another, presumably Fairbanks, put up a seditious sign on it.
When it appeared, Fisher Ames
Fisher Ames (; April 9, 1758 – July 4, 1808) was a Representative in the United States Congress from the 1st Congressional District of Massachusetts. He became conspicuous in promoting the new Constitution during his state's ratifying co ...
and the rest of Dedham's Federalist community were enraged. The pole was taken down and the culprits were sought. Fairbanks, a prosperous farmer and former Selectman but also an "impressionable, rather excitable man," was quickly arrested on November 6, 1798.[ He was brought to Boston by the ]United States Marshal
The United States Marshals Service (USMS) is a Federal law enforcement in the United States, federal law enforcement agency in the United States. The Marshals Service serves as the enforcement and security arm of the United States federal judi ...
for the district, and accompanied by men from a neighboring community.[ He was questioned the same evening by Judge ]John Lowell
John Lowell (June 17, 1743 – May 6, 1802) was a delegate to the Congress of the Confederation, a judge of the Court of Appeals in Cases of Capture under the Articles of Confederation, a United States district judge of the United States Distric ...
.[
He posted bond and was scheduled for trial the following June at the Federal Circuit Court in Boston.][ When the trial came, Fairbanks requested the legal aid of Ames. While Ames declined to serve as the defendant's attorney, he did appear as a character witness. Fairbanks, facing the "powerful forces" arrayed against him, confessed on June 8.
Fairbanks said that "it was not then known by me, nor perhaps by others concerned, how heinous an offense it was."][ He then added that he was a patriotic citizen, and would attempt to live his life accordingly in the future. Justice ]Samuel Chase
Samuel Chase (April 17, 1741 – June 19, 1811) was a Founding Fathers of the United States, Founding Father of the United States, signer of the Continental Association and United States Declaration of Independence as a representative of Maryla ...
sentenced Fairbanks to six hours in prison and a fine of five dollars, plus court costs, the lightest sentence ever given for any of the Sedition Act defendants.[ When ]Thomas Jefferson
Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...
became president, one of his first acts was to issue a general pardon for any person convicted under the Sedition Act.
Personal life
He was a descendant of Jonathan Fairebanke, builder of the Fairbanks House. He was also related to Jason Fairbanks, the murderer, and Vice President Charles Fairbanks.
He served one term as a selectman in 1785.[
]
See also
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References
Works cited
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{{DEFAULTSORT:Fairbanks, Benjamin
People from Dedham, Massachusetts
People pardoned by Thomas Jefferson
Dedham, Massachusetts selectmen