A Treatise Concerning Political Enquiry, and the Liberty of the Press

1800. New York, 1800. Only edition.. New York, 1800. Only edition. "The Book that Jefferson Did Not Write, But Should Have" Wortman, Tunis [d.1822]. A Treatise Concerning Political Enquiry, And the Liberty of the Press. New York: Printed by George Forman for the Author, 1800. xii, [1], 14-296 pp. Octavo (8-1/4" x 4-3/4"; 21 x 12.1 cm). Contemporary tree sheep, gilt fillets to spine. Light rubbing, exterior lightly varnished, later mends to extremities, vertical crack starting at head of spine, rear joint starting, front hinge mended, edgewear, faint dampstaining and tears to endleaves. Toning to interior, occasional light soiling and faint dampstaining, light foxing in a few places, crack in text block between pp. 288-289, all leaves secure, clean tear to bottom-edge of final leaf crudely mended with cellotape affecting three words of text without loss, early owner signatures ("Tim. Gardiner"?) to head of first page of Preface and p. 19. Item housed in handsome quarter morocco over cloth clamshell case, raised bands, and gilt fillets, title and publication place and date to spine. $7,500. * First edition. This important work is acclaimed as a notable early libertarian exposition of free speech. A response to the then-recent First Amendment (adopted 1791) and Alien and Sedition Acts (1798), it can be seen as an early response to their implications. As Leonard Levy notes, Wortman "contributed pre-eminently to the emergence of American libertarianism in his book...It is, in a sense, the book that Jefferson did not write, but should have. Devoid of party polemics and of the characteristically American preoccupation with legal and constitutional problems, it is a work of political philosophy that systematically presents the case for freedom of expression...Wortman's treatise is surely the pre-eminent American classic, because of its scope, fullness, philosophical approach, masterful marshalling of the facts, and uncompromisingly radical view." Wortman was a New York lawyer, author, newspaper publisher and politician. He is also known for his political tracts, one of which, A Solemn Address to Christians and Patriots, defended Jefferson against charges of atheism prior to the election of 1800. Levy, Legacy Of Suppression: Freedom Of Speech And Press In Early American History 283-289. McCoy, Freedom of the Press W398. Cohen, Bibliography of Early American Law 3603.