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The FReeper Foxhole Remembers the Alien and Sedition Acts of 1798 - June 22nd, 2005
American History Magazine | October 1998 | Larry Gragg

Posted on 06/21/2005 9:28:25 PM PDT by SAMWolf



Lord,

Keep our Troops forever in Your care

Give them victory over the enemy...

Grant them a safe and swift return...

Bless those who mourn the lost.
.

FReepers from the Foxhole join in prayer
for all those serving their country at this time.


.................................................................. .................... ...........................................

U.S. Military History, Current Events and Veterans Issues

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Order vs. Liberty

When Congress passed the Alien and Sedition Acts in 1798, it opened a heated debate about the limits of freedom in a free society.

On July 4, 1798, the citizens of the capital city of Philadelphia turned out in large numbers to celebrate the nation's independence day. While militia companies marched through the streets, church bells rang, and artillery units fired salutes, members of the United States Senate were trying to conduct a debate on a critical bill. One senator noted "the military parade so attracted the attention of the majority that much the greater part of them stood with their bodies out of the windows and could not be kept to order." Once they resumed their deliberations, however, the Federalist majority succeeded in gaining passage of an implausible bill, one quickly approved by the House of Representatives and signed on July 14 by President John Adams.



Ironically, as senators celebrated the freedom they had won from Britain, they approved a sedition bill that made it illegal to publish or utter any statements about the government that were "false, scandalous and malicious" with the "intent to defame" or to bring Congress or the president into "contempt or disrepute." This bill, seemingly a violation of the Constitution's First Amendment free speech protections, had a chilling effect on members of the Republican Party and its leader, Thomas Jefferson, who admitted that he feared "to write what I think."

Support for this restrictive legislation had grown out of Federalist belief that the young nation was facing its gravest crisis yet, in the possibility of war with France and the spread of anti-immigrant feeling. The new law violated the beliefs of many Republicans, who regarded Federalists as reactionary defenders of privilege intent on bringing back the monarchy. Federalists saw their Republican opposites as irresponsible radicals eager to incite a social revolution as democratic as the one that had torn through France.

Nothing divided Federalist from Republican more than their response to the French Revolution. Republicans applauded the revolutionaries' destruction of aristocratic privileges, the overthrow of the monarchy, and the implementation of constitutional government. Yet, Federalists saw the same dramatic changes as the degeneration of legitimate government into mob rule, particularly during the bloody "Reign of Terror" when "counterrevolutionaries" lost their lives on the guillotine.


John Adams


Federalist fears deepened as they watched the new French republican government encourage wars of liberation and conquest in Belgium, Switzerland, Holland, and the Italian peninsula. Rumors were rampant in 1798 about a possible French invasion of America, one that allegedly would be supported by American traitors and a population of French émigrés that had grown to more than 20,000.

The nation's rapidly growing immigrant population deeply troubled Federalists. One Pennsylvania newspaper argued that "none but the most vile and worthless" were inundating the country. William Shaw, the president's nephew, arguing that "all our present difficulties may be traced" to the "hordes of Foreigners" in the land, contended America should "no longer" be "an asylum to all nations." Federalists worried about the 60,000 Irish immigrants in the new nation, some of whom had been exiled for plotting against British rule. These malcontents, they argued, along with French immigrants, and a sprinkling of British radicals like the liberal theologian and scientist Joseph Priestley, presented a grave challenge to the nation. The Federalists feared that the extremist ideas of the dissenters would corrupt and mobilize the destitute.

The British government, even more terrified than the Americans that ideas from the radical French regime might spread, had been at war with France for five years, trying to contain it. Both nations had seized neutral American ships headed to their enemy's ports. President Adams initiated a two-pronged plan to stop the French from seizing any further ships. He sent three emissaries to negotiate with the French government, and he worked to push bills through Congress to increase the size of the navy and army. Federalist revulsion at anything associated with France reached a peak in spring 1798 when word arrived in Philadelphia that three French agents, identified only as X, Y, and Z, had demanded a bribe from the American diplomats before they would begin negotiations.


Abigail Adams


Insulted by the French government, convinced that war was inevitable, and anxious over a "dangerous" alien population in their midst, Federalists in Philadelphia were ready to believe any rumor. They saw no reason to doubt the warning in a letter found outside the president's residence in late April. It supposedly contained information about a plot by a group of Frenchmen "to sit [sic] fire to the City in various parts, and to Massacre the inhabitants." Hundreds of militiamen patrolled the city streets as a precaution, and a special guard was assigned to the president's home. John Adams ordered "chests of arms from the war-office," as he was "determined to defend my house at the expense of my life."

In such a crisis atmosphere, Federalists took action to prevent domestic subversion. They supported four laws passed in June and July 1798 to control the threats they believed foreigners posed to the security of the nation and to punish the opposition party for its seditious libel.

Two of these laws represented the Federalist effort to address perceived threats from the nation's immigrant groups. The Alien Enemies Act permitted the deportation of aliens who hailed from a nation with which the United States was at war, while the Alien Friends Act empowered the president, during peacetime, to deport any alien whom he considered dangerous.

Although some historians acknowledge that there were legitimate national security concerns involved in the passage of the two alien acts, others conclude that the two additional pieces of legislation were blatant efforts to destroy the Republican Party, which had gained many immigrant supporters.


Thomas Jefferson


The Naturalization Act extended the residency requirement for citizenship from five to 14 years. For a few politicians, such as Congressmen Robert Goodloe Harper and Harrison Gray Otis, even this act was insufficient. They believed that citizenship should be limited to those born in the United States.

Apart from its limitations on speech, the Sedition Act, the last of the four laws, made it illegal to "unlawfully combine or conspire together, with intent to oppose any measure or measures of the government." While the First Amendment to the U.S. Constitution established that Congress couldn't pass laws "abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble," there had been little discussion about the amendment's precise meaning since its adoption seven years earlier.

In 1798 many Federalists drew upon Commentaries on the Laws of England written by Sir William Blackstone--the man considered by the framers of the Constitution to be the oracle of the common law--for their definition of liberty of the press. Blackstone wrote, "liberty of the press . . . consists in laying no previous restraints upon publications." However, if a person "publishes what is improper, mischievous, or illegal, he must take the consequences of his own temerity." In other words, if a person spoke or wrote remarks that could be construed as seditious libel, they weren't entitled to free speech protection



TOPICS: VetsCoR
KEYWORDS: adams; alienact; federalists; freeperfoxhole; jefferson; madison; seditionact; veterans
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To: w_over_w
And they still are.

Indeed!

41 posted on 06/22/2005 3:47:16 PM PDT by snippy_about_it (Fall in --> The FReeper Foxhole. America's History. America's Soul.)
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To: Excuse_My_Bellicosity

Thanks EMB.


42 posted on 06/22/2005 3:47:53 PM PDT by snippy_about_it (Fall in --> The FReeper Foxhole. America's History. America's Soul.)
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To: Professional Engineer

But she has fake parts.


43 posted on 06/22/2005 3:48:48 PM PDT by snippy_about_it (Fall in --> The FReeper Foxhole. America's History. America's Soul.)
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To: Excuse_My_Bellicosity

Great SEAL pics, thanks.


44 posted on 06/22/2005 3:50:08 PM PDT by snippy_about_it (Fall in --> The FReeper Foxhole. America's History. America's Soul.)
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To: Excuse_My_Bellicosity
"Congressmen who willfully take actions during wartime that damage morale and undermine the military are saboteurs and should be arrested, exiled, or hanged."

This should be in today's headlines. Alas, we've become weak.

45 posted on 06/22/2005 3:51:19 PM PDT by snippy_about_it (Fall in --> The FReeper Foxhole. America's History. America's Soul.)
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To: SAMWolf; snippy_about_it; PhilDragoo

46 posted on 06/22/2005 6:08:47 PM PDT by Victoria Delsoul
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To: snippy_about_it
But she has fake parts.

At least they aren't silicone.

47 posted on 06/22/2005 6:47:34 PM PDT by Professional Engineer (Got Flag?)
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To: Professional Engineer

Glad I could be of service, after all I usually have a few F-O-G pics layin around, no?

Regards

alfa6 ;>}


48 posted on 06/22/2005 7:25:17 PM PDT by alfa6 (Two wrongs don't make a right, but two Wrights made an airplane!)
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To: Professional Engineer

As far as you know. :-)


49 posted on 06/22/2005 8:43:55 PM PDT by Valin (The right to do something does not mean that doing it is right.)
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To: SAMWolf; snippy_about_it; PAR35; Aeronaut; Iris7; E.G.C.; alfa6; bentfeather; The Mayor; Valin; ...
The Alien Act (Approved July 6, 1798)

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. And the President of the United States shall be, and he is hereby authorized, in any event, as aforesaid, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, towards the aliens who shall become liable, as aforesaid; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those, who, not being permitted to reside within the United States, shall refuse or neglect to depart therefrom; and to establish any other regulations which shall be found necessary in the premises and for the public safety: Provided, that aliens resident within the United States, who shall become liable as enemies, in the manner aforesaid, and who shall not be chargeable with actual hostility, or other crime against the public safety, shall be allowed, for the recovery, disposal, and removal of their goods and effects, and for their departure, the full time which is, or shall be stipulated by any treaty, where any shall have been between the United States, and the hostile nation or government, of which they shall be natives, citizens, denizens or subjects: and where no such treaty shall have existed, the President of the United States may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.

SEC. 2. And be it further enacted, That after any proclamation shall be made as aforesaid, it shall be the duty of the several courts of the United States, and of each state, having criminal jurisdiction, and of the several judges and justices of the courts of the United States, and they shall be, and are hereby respectively, authorized upon complaint, against any alien or alien enemies, as aforesaid, who shall be resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President of the United States shall and may establish in the premises, to cause such alien or aliens to be duly apprehended and convened before such court, judge or justice; and after a full examination and hearing on such complaint. and sufficient cause therefor appearing, shall and may order such alien or aliens to be removed out of the territory of the United States, or to give sureties of their good behaviour, or to be otherwise restrained, conformably to the proclamation or regulations which shall and may be established as aforesaid, and may imprison, or otherwise secure such alien or aliens, until the order which shall and may be made, as aforesaid, shall be performed.

SEC. 3. And be it further enacted, That it shall be the duty of the marshal of the district in which any alien enemy shall be apprehended, who by the President of the United States, or by order of any court, judge or justice, as aforesaid, shall be required to depart, and to be removed, as aforesaid, to provide therefor, and to execute such order, by himself or his deputy, or other discreet person or persons to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President of the United States, or of the court, judge or justice ordering the same, as the case may be.

The Sedition Act (Approved July 14, 1798)

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any persons shall unlawfully combine or conspire together, with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office in or under the government of the United States, from undertaking, performing or executing his trust or duty, and if any person or persons, with intent as aforesaid, shall counsel, advise or attempt to procure any insurrection, riot, unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanor, and on conviction, before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months nor exceeding five years; and further, at the discretion of the court may be holden to find sureties for his good behaviour in such sum, and for such time, as the said court may direct.

SEC. 2. And be it farther enacted, That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.

SEC. 3. And be it further enacted and declared, That if any person shall be prosecuted under this act, for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in Republication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.

SEC. 4. And be it further enacted, That this act shall continue and be in force until the third day of March, one thousand eight hundred and one, and no longer: Provided, that the expiration of the act shall not prevent or defeat a prosecution and punishment of any offence against the law, during the time it shall be in force.

~~~

The greatest decibels I've ever sent over the wires to the Beltway bozos followed passage of the so-called Campaign Finance Reform.

These imbeciles had already crapped on the Second Amendment and had now proceeded to the First.

Repeatedly I demanded what part of "no law" did they not get, the "no" or the "law".

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to pettition the Government for a redress of grievances.

The measure was a Soros jihad executed by the senator from Manchuria John McCain, and it abridges the freedom of speech prior to election--at precisely the time when speech must in no way be abridged.

I demanded to know why they had done this--dismissing their "oh the courts will fix it"--and our former congressman told me "I guess they didn't want the vote used against them."

The Soros-funded campaign had been amplified by the leftist propaganda machine creating the myth of a populace demanding "campaign finance reform".

And it was enough to cow the cowardly legislators into choosing political survival over constitutional principle.

At every level our basic freedom was attacked: by the legislators who wrote the law; by the president who signed it; by the court which upheld it.

It should more properly be titled the Incumbent Protection Act.

~~~

We were taking care of business in Somalia until Clinton removed our ambassador and Marines, and placed our Rangers under UN command, while denying them armor and AC-130 gunships.

The choice in 2008 will be She Who Must Be Oyveyyed and a return to the Mogadishu-Munich mess, or a boot-up-their-ass democracy-spreading preemptive cowboy.

~~~

An amendment allowing congress to write law prohibiting flag desecration passed the House and will be pushed into a dark corner by the invertebrates in the Senate.

The best prevention of flag desecration is regime change. Iran, Syria, North Korea, so many weasels, so little time.

50 posted on 06/22/2005 11:49:23 PM PDT by PhilDragoo (Hitlery: das Butch von Buchenvald)
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To: PhilDragoo

BTTT!!!!!!!


51 posted on 06/23/2005 3:01:05 AM PDT by E.G.C.
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To: PhilDragoo
...so many weasels, so little time.

So true. Thanks Phil.

52 posted on 06/23/2005 9:25:55 AM PDT by snippy_about_it (Fall in --> The FReeper Foxhole. America's History. America's Soul.)
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