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FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794
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Posted on 01/18/2003 10:16:48 AM PST by NormsRevenge
Title: The Alien and Sedition Acts of 1798
Author: U.S. Government
Year Published: 1798
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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. JONATHAN DAYTON, Speaker of the House of Representatives. THEODORE SEDGWICK, President of the Senate, pro tempore. APPROVED, July 6, 1798: JOHN ADAMS, President of the United States.
SEC. I 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 further enacted, That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or publishing, 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 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 the 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 the publication 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. JONATHAN DAYTON, Speaker of the House of Representatives. THEODORE SEDGWICK, President of the Senate, pro tempore. APPROVED, July 14, 1798: JOHN ADAMS, President of the United States. |
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FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794
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So9
To be perfectly honest, I'm not sure that the notion of "seditious libel" is in conflict with the first amendment, since there's no indication that it was intended to protect libel of any kind. I realize that these acts went further than that in ways that would have conflicted with the 1st (such as by saying that truth isn't a defense), but I think the response to it has led to more confusion about what the 1st amendment does and does not say, and why.
So9
It is the "Sedition" part of the act that I totally disagree with. U.S. citizens should have the right to criticize their government no matter what the circumstances.
As I said earlier, I don't believe that the amendment prohibits laws against seditious libel, or any other kind of libel. Dissent, on the other hand, is not in and of itself libel, and it appears that the 1st was explicitly written to protect it. And if we're going to have laws against libel, then government needs to be bound by such laws as well. For example the compiling and publishing of lists of "subversive organizations", without evidence that they had violated any laws, would have to be disallowed, since that is just as defamatory as calling the government a subversive organization, without basis. There needs to be complete parity between the people and government in terms of what is and is not allowed.
"The Alien Act authorized the President to order out of the country all aliens whom he thought 'dangerous' or 'suspected' of any 'treasonable or secret machinations against the government,' on pain of imprisonment not to exceed three years, and forever being afterwards incapacitated from becoming citizens of the United States. But if the alien could prove to the satisfaction of the President that he was not dangerous, a presidential 'license' might be granted permitting the alien to remain in the United State so long as the President saw fit and in such place as he might designate. If any expelled alien returned without permission he was to be imprisoned for as long as the President thought 'the public safety required'.
"The Sedition Act provided penalties for the crime of unlawful combination and conspiracy against the Government; a fine not to exceed two thousand dollars and imprisonment not exceeding two years for any person who should write, print, publish or speak anything 'false, scandalous, and malicious' against the Government, either House of Congress, or the President 'with intent to defame' the Government, Congress, or the 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.'
"When Jefferson first heard of this stupid proposed legislation, he did not object to it, even in his private letters to his lieutant (James) Madison..."
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