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THE SEDITION ACT OF JULY 14, 1798
Archiving Early America ^ | JULY 14, 1798 | the Senate and House of Representatives of the United States of America

Posted on 09/02/2002 7:09:21 AM PDT by M.K. Borders

THE SEDITION ACT OF JULY 14, 1798

An Act in addition to the act, entitled "An act for the punishment of certain crimes against 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.


TOPICS: General Discussion
KEYWORDS: 1stamendment; freespeech
I thought this might be useful when discussing the current actions of our goverment.

This bill was as much about quashing an up and coming political party (Jefferson's Republican ) than anything else.

It was soon to be found Un-Constitutional.

1 posted on 09/02/2002 7:09:21 AM PDT by M.K. Borders
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To: M.K. Borders
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.

And a good case for Fully-informed juries/jury nullification. It's no wonder we see so little of this sort of thing these days. The legal profession would be aghast at the very thought that they were losing their monopoly on the justice system!

2 posted on 09/02/2002 9:47:53 AM PDT by dcwusmc
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To: M.K. Borders
I don't know diddly about legal matters but some of this sure sounds pertinent to some of these demonstration organizers, and especially some of these websites like www.voxnys.com and www.rense.com


United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
Section 2381. Treason
Section 2382. Misprision Of Treason
Section 2383. Rebellion Or Insurrection
Section 2384. Seditious Conspiracy
Section 2385. Advocating Overthrow Of Government
Section 2386. Registration Of Certain Organizations
Section 2387. Activities Affecting Armed Forces Generally
Section 2388. Activities Affecting Armed Forces During War
Section 2389. Recruiting For Service Against United States
Section 2390. Enlistment To Serve Against United States
______________________________________________________

Section 2383. Rebellion or insurrection

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

Section 2385. Advocating overthrow of Government

Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty,necessity,
desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof - Shall be fined under this title or imprisoned not more than
twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms ''organizes'' and
''organize'', with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.






3 posted on 03/27/2003 4:35:55 PM PST by gene-k
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