Alien and Sedition Acts

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Alien and Sedition Acts

The Alien and Sedition Acts were a set of four laws enacted in 1798 that applied restrictions to immigration and speech in the United States.[a] The Naturalization Act increased the requirements to seek citizenship, the Alien Friends Act allowed the president to imprison and deport non-citizens, the Alien Enemies Act gave the president additional powers to detain non-citizens during times of war, and the Sedition Act criminalized false and malicious statements about the federal government. The Alien Friends Act and the Sedition Act expired after a set number of years, and the Naturalization Act was repealed in 1802. The Alien Enemies Act is still in effect.

The Alien and Sedition Acts were controversial. They were supported by the

U.S. Supreme Court
has since indicated that aspects of the laws would likely be found unconstitutional today.

Acts

Alien Friends Act

The Alien Friends Act (officially "An Act Concerning Aliens") authorized the president to arbitrarily deport any non-citizen that was determined to be "dangerous to the peace and safety of the United States."[1] Once a non-citizen was determined to be dangerous, or was suspected of conspiring against the government, the president had the power to set a reasonable amount of time for departure, and remaining after the time limit could result to up to three years in prison. The law was never directly enforced, but it was often used in conjunction with the Sedition Act to suppress criticism of the Adams administration. Upon enactment, the Alien Friends Act was authorized for two years, and it was allowed to expire at the end of this period. Democratic-Republicans opposed the law, with Thomas Jefferson referring to it as "a most detestable thing... worthy of the 8th or 9th century."[2]: 249 

While the law was not directly enforced, it resulted in the voluntary departure of foreigners who feared that they would be charged under the act. The Adams administration encouraged these departures, and Secretary of State

sureties and authorize detainment prior to deportation.[3]

Many French nationals were considered for deportation, but were allowed to leave willingly, or Adams declined to take action against them. These figures included: philosopher

Victor Collot, scholar Médéric Louis Élie Moreau de Saint-Méry, diplomat Victor Marie du Pont, journalist William Duane, scientist Joseph Priestley, and journalist William Cobbett. Secretary Pickering also proposed applying the act against the French diplomatic delegation to the United States, but Adams refused. Journalist John Daly Burk agreed to leave under the act informally to avoid being tried for sedition, but he went into hiding in Virginia until the act's expiration.[3]

Alien Enemies Act

The Alien Enemies Act (officially "An Act Respecting Alien Enemies") was passed to supplement the Alien Friends Act, granting the government additional powers to regulate non-citizens that would take effect in times of war.[3][4] Under this law, the president could authorize the arrest, relocation, or deportation of any male over the age of 14 who hailed from a foreign enemy country.[5] It also provided some legal protections for those subject to the law.[6] Unlike the other acts, this act was largely unopposed by the Democratic-Republicans.[2]: 249 

The Alien Enemies Act was not allowed to expire with the other Alien and Sedition Acts, and it remains in effect as Chapter 3, Sections 21–24 of Title 50 of the United States Code.[7] President James Madison invoked the act against British nationals during the War of 1812.[8] President Woodrow Wilson invoked the act against nationals of the Central Powers during World War I. In 1918, an amendment to the act struck the provision restricting the law to males.[9]

On December 7, 1941, in response to the

continental United States, to decide whether they are "dangerous to the public peace and safety of the United States," to order them removed, and to create regulations governing their removal, citing the Alien Enemies Act.[13] On September 8, 1945, Truman issued presidential proclamation #2662, which authorized the Secretary of State to remove enemy aliens that had been sent to the United States from Latin American countries.[14] On April 10, 1946, Truman issued presidential proclamation #2685, which modified the previous proclamation, and set a 30-day deadline for removal.[15]

In Ludecke v. Watkins (1948), the Supreme Court interpreted the time of release under the Alien Enemies Act.

writ of habeas corpus to order his release, after the Attorney General ordered him deported. The court ruled 5–4 to release Ludecke, but also found that the Alien Enemies Act allowed for detainment beyond the time hostilities ceased, until an actual treaty was signed with the hostile nation or government.[17]

Naturalization Act

Main article: Naturalization Act of 1798

The Naturalization Act increased the residency requirement for American citizenship from five to 14 years, and increased the notice time from three to five years. At the time, the majority of immigrants supported Thomas Jefferson and the Democratic-Republicans—the political opponents of the Federalists.[18] It did not have an expiration date, but it was repealed by the Naturalization Law of 1802.

Sedition Act

The Federalist-controlled Congress passed the Sedition Act by a vote of 44 to 41.[19] The Sedition Act made it illegal to make false or malicious statements about the federal government.[20] The act was used to suppress speech critical of the Adams administration, including the prosecution and conviction of many Jeffersonian newspaper owners who disagreed with the Federalist Party.[21] The Sedition Act did not extend enforcement to speech about the Vice President, as then-incumbent Thomas Jefferson was a political opponent of the Federalist-controlled Congress. The Sedition Act was allowed to expire in 1800, and its enactment is credited with helping Jefferson win the presidential election that year.[22][23]

Prominent prosecutions under the Sedition Act included:

  • British citizen, had been expelled from Great Britain for his political writings. Living first in Philadelphia, then seeking refuge close by in Virginia, he wrote a book titled The Prospect Before Us (read and approved by Vice President Jefferson before publication), in which he called the Adams administration a "continual tempest of malignant passions," and referred to the President as a "repulsive pedant, a gross hypocrite, and an unprincipled oppressor." Callender, already residing in Virginia and writing for the Richmond Examiner, was indicted in mid-1800 under the Sedition Act, and was subsequently convicted, fined $200, and sentenced to nine months in jail.[24]
    : 211–220 
  • Matthew Lyon was a Democratic-Republican congressman from Vermont. He was the first individual to be placed on trial under the Alien and Sedition Acts.[18] He was indicted in 1800 for an essay he had written in the Vermont Journal, where he had accused the administration of "ridiculous pomp, foolish adulation, and selfish avarice." While awaiting trial, Lyon commenced publication of Lyon's Republican Magazine, subtitled "The Scourge of Aristocracy." At trial, he was fined $1,000, and sentenced to four months in jail. After his release, he returned to Congress.[25][24]: 102–108 
  • Benjamin Franklin Bache was the editor of the Philadelphia Aurora, a Democratic-Republican newspaper. Bache had accused George Washington of incompetence and financial irregularities, and "the blind, bald, crippled, toothless, querulous Adams" of nepotism and monarchical ambition. He was arrested in 1798 under the Sedition Act, but he died of yellow fever before trial.[24]: 27–29, 65, 96 
  • Anthony Haswell was an English immigrant, and a printer of the Jeffersonian Vermont Gazette.[26] Sourced from the Philadelphia Aurora, Haswell had reprinted Bache's claim that the federal government employed Tories. Haswell also published an advertisement from Lyon's sons for a lottery to raise money for his fine that decried Lyon's oppression by jailers exercising "usurped powers".[27] Haswell was found guilty of seditious libel by judge William Paterson, and sentenced to a two-month imprisonment and a $200 fine.[28]
  • Luther Baldwin was indicted, convicted, and fined $100 for a drunken incident that occurred during a visit by President Adams to Newark, New Jersey. Upon hearing a gun report during a parade, he yelled "I hope it hit Adams in the arse."[29][24]: 112–14 
  • In November 1798, David Brown led a group in Dedham, Massachusetts, including Benjamin Fairbanks, in setting up a liberty pole with the words, "No Stamp Act, No Sedition Act, No Alien Bills, No Land Tax, downfall to the Tyrants of America; peace and retirement to the President; Long Live the Vice President."[28][30][31] Brown was arrested in Andover, Massachusetts, but because he could not afford the $4,000 bail, he was taken to Salem for trial.[30] Brown was tried in June 1799.[28] Brown pleaded guilty, but Justice Samuel Chase asked him to name others who had assisted him.[28] Brown refused, was fined $480 (equivalent to $8,600 in 2023),[30][32] and sentenced to eighteen months in prison, the most severe sentence imposed under the Sedition Act.[28][30]

History

Further information:  Early American publishers and printers

The Alien and Sedition Acts were passed by Congress while it was controlled by the Federalist Party in 1798.[18] Members of the Federalist Party grew increasingly distrustful of the opposing Democratic-Republican Party with the Democratic-Republicans' support of France in the midst of the French Revolution. Some appeared to desire a similar revolution in the United States to overthrow the government and social structure.[33] Newspapers sympathizing with each side exacerbated the tensions by accusing the other side's leaders of corruption, incompetence, and treason.[34] The spreading unrest in Europe and calls for secession in the United States appeared to threaten the newly formed American republic.[35] Some of this agitation was seen by Federalists as having been caused by French and French-sympathizing immigrants.[35] The Alien and Sedition Acts were supported for different reasons, including the prevention of potential unrest by targeting immigrants, restriction of speech that may induce crime, reduction of partisan divides by penalizing expressly partisan speech, and suppression of political opponents of the Federalists.[22]

The Acts were highly controversial at the time, especially the Sedition Act. The Sedition Act, which was signed into law by Adams on July 14, 1798,

Virginia and Kentucky Resolutions, authored by James Madison and Thomas Jefferson. Upon assuming the presidency, Thomas Jefferson pardoned those still serving sentences under the Sedition Act,[24]: 231  and Congress soon repaid their fines.[37]

Reaction

After the passage of the highly unpopular Alien and Sedition Acts, protests occurred across the country,

1800 presidential election campaign. While government authorities prepared lists of aliens for deportation, many aliens fled the country during the debate over the Alien and Sedition Acts, and Adams never signed a deportation order.[24]
: 187–193 

The Virginia and Kentucky state legislatures also passed the Kentucky and Virginia Resolutions, secretly authored by Thomas Jefferson and James Madison, denouncing the federal legislation.[41][42][43] While the eventual resolutions followed Madison in advocating "interposition", Jefferson's initial draft would have nullified the Acts and even threatened secession.[b] Jefferson's biographer Dumas Malone argued that this might have gotten Jefferson impeached for treason, had his actions become known at the time.[45] In writing the Kentucky Resolutions, Jefferson warned that, "unless arrested at the threshold", the Alien and Sedition Acts would "necessarily drive these states into revolution and blood".[46]

The Alien and Sedition Acts were never appealed to the Supreme Court, whose power of judicial review was not established until Marbury v. Madison in 1803. Subsequent mentions in Supreme Court opinions beginning in the mid-20th century have assumed that the Sedition Act would today be found unconstitutional.[c] Most modern historians view the Alien and Sedition Acts in a negative light, considering them to have been a mistake.[22][48]

See also

Notes

  1. ^ An
    national of the United States
    .
  2. ^ Jefferson's draft said:
    ... "where powers are assumed [by the federal government] which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits."[44]
  3. ^ In the seminal free speech case of New York Times Co. v. Sullivan, the Court declared
    "Although the Sedition Act was never tested in this Court, the attack upon its validity has carried the day in the court of history."[37]
    In a
    President Johnson) William O. Douglas
    noted
    "The Alien and Sedition Laws constituted one of our sorriest chapters; and I had thought we had done with them forever ... Suppression of speech as an effective police measure is an old, old device, outlawed by our Constitution."[47]

References

  1. ^ "An Act Concerning Aliens". memory.loc.gov.
    U.S. Library of Congress
    . June 25, 1798. Sess II, Chap. 58; 5th Congress.
  2. ^
    ISBN 978-0-19-983246-0
    .
  3. ^
    JSTOR 1898151
    .
  4. ^ "An Act respecting Alien Enemies" (PDF). library.uwb.edu. June 25, 1798. Sess II, Chap. 58; 1 Stat. 577 5th Congress; ch. 66. Archived from the original (PDF) on December 20, 2016. Retrieved December 9, 2016.
  5. ^ "The Alien and Seditions Act | American Experience | PBS". www.pbs.org. Retrieved December 13, 2023.
  6. ^ Martin 2010, p. 80.
  7. ^ "Alien Enemies". Law School. Cornell University. Retrieved October 17, 2013.
  8. ^ "74292-005-001 – Alien Enemies Documents (War of 1812), 1812–1815". MS Digital Archives. Retrieved July 15, 2022.
  9. ^ "Chapter 3 – Alien Enemies". govinfo.gov. Retrieved July 15, 2022.
  10. ^ "Alien Enemies Act and related World War II presidential proclamations". German American Internee Coalition.
  11. ^ Semiannual Report of the War Relocation Authority, for the period January 1 to June 30, 1946, not dated. Papers of Dillon S. Myer. Scanned image at Archived 16 June 2018 at the Wayback Machine trumanlibrary.org. Retrieved September 18, 2006.
  12. ^ "The War Relocation Authority and the Incarceration of Japanese Americans During World War II: 1948 Chronology", Web page Archived 2015-11-05 at the Wayback Machine at www.trumanlibrary.org. Retrieved September 11, 2006.
  13. ^ "Proclamation 2655 – Removal of Alien Enemies". The American Presidency Project. Retrieved July 15, 2022.
  14. ^ "Proclamation 2662 – Removal of Alien Enemies". The American Presidency Project. Retrieved July 15, 2022.
  15. ^ "Proclamation 2685 – Removal of Alien Enemies". The American Presidency Project. Retrieved July 15, 2022.
  16. ^ "Ludecke v. Watkins, 335 U.S. 160 (1948)". U.S. Report. 1947. Archived from the original on October 13, 2022. Retrieved October 13, 2022 – via Library of Congress.
  17. ^ "Ludecke v. Watkins, 335 U.S. 160 (1948)". Justia Law. Retrieved July 13, 2022.
  18. ^ a b c "The Alien and Sedition Acts: Defining American Freedom". Constitutional Rights Foundation. 2003. Archived from the original on August 21, 2016. Retrieved October 14, 2015.
  19. ^ "The Sedition Act, 1798 | Gilder Lehrman Institute of American History". www.gilderlehrman.org. Retrieved October 25, 2023.
  20. U.S. Library of Congress
    . July 14, 1798. Sess II, Chap. 74; 5th Congress.
  21. ISBN 978-0-19-975135-8
    .
  22. ^
    JSTOR 4141440
    .
  23. ^ a b Martin 2010, p. 81.
  24. ^ a b c d e f Miller, John C. (1951). Crisis in Freedom: The Alien and Sedition Acts. New York: Little Brown and Company.
  25. ISBN 978-0-393-93257-7
    .
  26. ^ Tyler, Resch. "Anthony Haswell". Bennington Museum. Archived from the original on April 2, 2016.
  27. ^ Wharton, Francis (1849). State Trials of the United States during the administrations of Washington and Adams. Philadelphia: Carey and Hart. pp. 684–685.
  28. ^ a b c d e Stone, Geoffrey R. (2004). Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism. W. W. Norton & Company. pp. 63–64.
    ISBN 978-0-393-05880-2
    .
  29. ^ Smith, James Morton (1956), Freedom's Fetters: The Alien and Sedition Laws and American civil liberties, Ithaca, NY: Cornell University Press, pp. 270–274
  30. ^ a b c d Tise, Larry E. (1998). The American Counterrevolution: a Retreat from Liberty, 1783–1800. Stackpole Books. pp. 420–421.
    ISBN 978-0-8117-0100-6
    .
  31. ISBN 978-0-8223-2529-1
    .
  32. ISBN 978-0-684-84871-6
    .
  33. ^ "Thomas Jefferson: Establishing a Federal Republic". Library of Congress. April 24, 2000.
  34. ^ a b Weisberger, Bernard A. (2000). America Afire: Jefferson, Adams, and the Revolutionary Election of 1800. William Morrow. p. 201.
  35. ^ a b Knott, Stephen F. (2005). Alexander Hamilton and the Persistence of Myth. Lawrence: University Press of Kansas. p. 48.
    ISBN 978-0-7006-1419-6
    .
  36. ^ "The Sedition Act of 1798". history.house.gov. United States House of Representatives. Retrieved July 13, 2020.
  37. ^ a b Full Supreme Court opinion. Law School (Report). New York Times Co. v. Sullivan. Cornell University. 1964. 376 U.S. 254, 276.
  38. ^ Halperin, Terri Diane (2016). The Alien and Sedition Acts of 1798. JHU Press.
    ISBN 978-1421419701
    .
  39. ^ Bradburn, Douglas (2009). The Citizenship Revolution – Politics and the Creation of the American Union, 1774–1804. University of Virginia Press.
    ISBN 978-0813935768
    .
  40. ISBN 978-0-230-60257-1
    .
  41. ^ Portal:Kentucky and Virginia Resolutions
  42. ^ Wikisource:Virginia Resolutions of 1798
  43. Time magazine. Archived from the original
    on November 18, 2007.
  44. ^ Jefferson, Thomas. "Jefferson's draft of the Kentucky Resolutions of 1798". constitution.org.
  45. ISBN 978-1594200090
    – via Archive.org.
  46. ISBN 978-1-101-20085-8
    .
  47. ^ "Watts v. United States". findlaw.com. 394 U.S. 705.
  48. ^ "The Alien and Seditions Act | American Experience". PBS. Retrieved July 13, 2022.

Bibliography

  • Martin, Susan F. (2010). A Nation of Immigrants.
    S2CID 7071386
    .

Further reading

Primary sources

External links

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