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- The Sedition Act of 1798
-
- For the first few years of Constitutional government, under the leadership of
- George Washington, there was a unity, commonly called Federalism that even James
- Madison (the future architect of the Republican Party) acknowledged in describing the
- Republican form of government-- ô And according to the degree of pleasure and pride we
- feel in being republicans, ought to be our zeal in cherishing the spirit and supporting the
- character of Federalists.ö Although legislators had serious differences of opinions,
- political unity was considered absolutely essential for the stability of the nation.
- Political parties or factions were considered evil as ôComplaints are everywhere
- heard from our most considerate and virtuous citizens, equally the friends of public and
- private faith, and of public and personal liberty, that our governments are too unstable,
- that the public good is disregarded in the conflicts of rival parties, and that measures are
- too often decided, not according to the rules of justice and the rights of the minor party,
- but by the superior force of an interested and overbearing majorityàö Public perception
- of factions were related to British excesses and thought to be ôthe mortal diseases under
- which popular governments have everywhere perished.ö
- James Madison wrote in Federalist Papers #10, ôBy a faction, I understand a
- number of citizens, whether amounting to a majority or a minority of the whole, who are
- united and actuated by some common impulse of passion, or of interest, adversed to the
- rights of other citizens, or to the permanent and aggregate interests of the community.ö
- He went on to explain that faction is part of human nature; ôthat the CAUSES of faction
- cannot be removed, and that relief is only to be sought in the means of controlling its
- EFFECTS.ö The significant point Madison was to make in this essay was that the Union
- was a safeguard against factions in that even if ôthe influence of factious leaders may
- kindle a flame within their particular States, [they will be] unable to spread a general
- conflagration through the other States.ö
- What caused men like Thomas Jefferson and James Madison to defy tradition and
- public perceptions against factions and build an opposition party? Did they finally agree
- with Edmund BurkesÆ famous aphorism: ôWhen bad men combine, the good must
- associate; else they will fall, one by one, an unpitied sacrifice in a contemptible struggle?ö
- Did the answer lie in their opposition with the agenda of Alexander Hamilton and the
- increases of power both to the executive branch as well as the legislative branch of
- government?
- Hamilton pushed for The Bank of the United States, a large standing Army raised
- by the President (Congress was to raise and support armies,) a Department of Navy,
- funding and excise taxes, and, in foreign policy, a neutrality that was sympathetic to
- British interest to the detriment of France. Many legislators, especially those in the south,
- were alarmed to the point that a separation of the Union was suggested as the only way to
- deal with HamiltonÆs successes. Many were afraid that the army would be used against
- them as it had during the Whiskey Rebellion. Southerners saw the taxes to support a new
- treasury loan favoring ôpro-British merchants in the commercial cities,ö and unfairly paid
- by landowners in the South. These issues as well as neutrality issues between France,
- England, and the United States were the catalyst for the forming of the Republican Party.
- The French and English conflict caused many problems with AmericaÆs political
- system. The English ôOrder of Councilö and the French ôMilan Decreeö wreaked havoc
- with AmericaÆs shipping and led to JayÆs Treaty of 1794. JayÆs Treaty was advantageous
- to America and helped to head off a war with Britain, but it also alienated the French. The
- French reacted by seizing American ships causing the threat of war to loom large in
- American minds. President Adams sent three commissioners to France to work out a
- solution and to modify the Franco-American alliance of 1778, but the Paris government
- asked for bribes and a loan from the United States before negotiations could even begin.
- The American commissioners refused to pay the bribes and they were denied an audience
- with accredited authorities and even treated with contempt. Two of the commissioners
- returned to the United States with Elbridge Gerry staying behind to see if he could work
- something out. This became known as the XYZ affair and was the beginning of an
- undeclared naval war between France and the United States.
- The XYZ affair played right into the hands of the Federalist Party. They immediately
- renounced all treaties of 1788 with France and began their agenda of creating a large
- standing army and a Navy Department to deal with the threat of an American-French war.
- Fear and patriotism were fanned and a strong anti-French sentiment swept the land. Then
- a gem of a caveat was thrown into the Federalist hands when Monsieur Y boasted that
- ôthe Diplomatic skill of France and the means she possess in your country, are sufficient to
- enable her, with the French party in America, to throw the blame which will attend the
- rupture of the negotiations on the Federalist, as you term yourselves, but on the British
- party, as France terms you.ö This boast was to cause suspicion and wide spread
- denunciation of the Republican Party and its leaders. Senator Sedgwick, majority whip in
- the Senate, after hearing of the XYZ Affair, said, ôIt will afford a glorious opportunity to
- destroy faction. Improve it.ö Hamilton equated the publicÆs perception of the
- RepublicanÆs opposition to the FederalistÆs agenda like that of the Tories in the
- Revolution. All in all, this boast began the process that became the Alien and Sedition
- Acts of 1798.
- The Republicans debated against the bills for about a month, but the Federalist had the
- votes. A background of fear helped keep the public silent and perhaps somewhat
- approving to the loss of some personal freedoms, as nobody wanted to be accused as a
- Jacobean. In May of 1778, President Adams declared a day of prayer and fasting. Many
- thought that the Jacobeans were going to use that day to rise up in insurrection and ôcut
- the throats of honest citizens.ö They even thought they were going to attack President
- Adams and citizens of Philadelphia came out by the hundreds to protect him. Federalist
- saw this as a demonstration of support for the government. Those who spoke against the
- Sedition bill were accused of being in league with the Jacobeans. Edward Livingston, in
- opposing the bill said, ôIf we are ready to violate the Constitution, will the people submit
- to our unauthorized acts? Sir, they ought not to submit; they would deserve the chains
- that our measures are forging for them, if they did not resist.ö The Federalist accused
- Livingston of sedition because of his implied threat of popular rebellion; a practice seen in
- future debates when unlawful power was to be enforced.
- Republican newspapers were railing against the Federalist and especially against the
- Sedition bill. The Aoura was the leading Republican publication and Benjamin Bache was
- its editor. Baches ability to get the story out caused much consternation among
- Federalist. Harrison Gray Otis said that BachesÆ writing influenced even intelligent
- people, ôWhat can you expect from the gaping and promiscuous crowd who delight to
- swallow calumny..?ö The Federalist needed the Sedition bill to shut down the Republican
- presses and Bache played right into their hands with his publication of TallyrandÆs
- conciliatory letter to the American envoys before the President had even seen it.
- Republicans insisted that this was a journalistic scoop that would lead to peace because
- France was willing to negotiate with Edmund Gerry. The Federalist wanted Bache to
- explain how he had received a letter that the President hadnÆt even seen yet. They began
- to accuse him of being in league with France, an agent of Tallyrand and an enemy of the
- people of the United States. The administration was so incensed with Bache that they
- didnÆt wait for passage of the Sedition bill, but had him arrested for treason on June 27,
- 1778.
- From the very beginning Republican leaders recognized that the Sedition bill was
- primarily directed toward the destruction of any opposition to the Federalist Party and its
- agenda. Albert Gallatin said the Sedition Act was a weapon ôto perpetuate their authority
- and preserve their present places.ö Proof that this bill was politically motivated became
- obvious when the House voted to extend the act from the original one year proposed to
- the expiration of John Adams term, March 3, 1801.
- The States response to the passing of the Sedition Act was mixed. Kentucky and
- Virginia each responded with acts basically nullifying the Congressional act, but other
- states accepted the Congress taking authority from what had been a state function. The
- public response initially appeared mixed. British common law seemed to have
- preconditioned many to accept a limitation of their personal freedoms. The victory of the
- Republicans, who ran on a platform of anti-sedition, in the election of 1800 showed that
- Americans were much more interested in personal freedom than the aristocratic Federalist
- thought.
- What would happen if Congress submitted a Sedition Bill today as they did in 1778?
- With our established two-party system (in marked contrast to their conceptions of
- factions), the freedom of press as a well developed principle, and freedom of speech the
- cornerstone in AmericanÆs sense of liberty; it seems that there would be a major revolt.
- Are there any instances in 20th century history that compares to the Sedition ActÆs flagrant
- disregard of the First Amendment? No government actions seem so blatantly
- unconstitutional as the Sedition Act of 1798; but, there are many actions since then that
- have caused much more personal pain than the twenty-seven persons convicted under the
- Sedition Act.
- In times of war it is understood that many personal liberties may be curtailed,
- especially for enemy aliens living in the United States. The War Relocation Authority
- signed by President Roosevelt caused thousands of enemy aliens as well as Japanese-
- American citizens to lose everything as they were interned in concentration camps
- throughout the West. These Americans were told that if they were true patriotic citizens
- they would go without complaining. If they were to complain then that was prima facie
- evidence that they were not loyal citizens.
- In June of 1940, AmericaÆs fear of German aggression led to the enactment of the
- Smith Act. Much like the Alien and Sedition Act it required all aliens to be registered and
- fingerprinted. It also made it a crime to advocate or teach the violent overthrow of the
- United States, or to even belong to a group that participated in these actions. The United
- States Supreme Court upheld the constitutionality of the law in the case of eleven
- communist (Dennis v United States.) This decision was later modified in 1957 (Yates v
- United States.) The Court limited conviction to direct action being taken against
- government, ruling that teaching communism or the violent overthrow of government did
- not in itself constitute grounds for conviction.
- Another instance of governmental infringement of the liberties of American citizens is
- the well known Senate Sub-committee on un-American Activities headed by Joseph
- McCarthy. Thousands of people lost their livelihood and personal reputations were
- shattered by innuendo, finger pointing, and outright lies. As in earlier instances of
- uncontrolled excesses by people in government, guilt was assumed and protestations of
- innocence were evidence that ôsomethingö was being hidden.
- In 1993, rumblings were heard from the Democratic controlled Congress that there
- needed to be fairness in broadcasting. If one viewpoint was shared, they felt the opposing
- viewpoint must be given fair time to respond. This was facetiously called the ôRush Actö
- in response to the phenomenal success of conservative radio talk show host, Rush
- Limbaugh. As in the 1790Æs when Republicans formed newspapers to counteract the
- Federalist control of the press; many conservatives felt that the few conservative
- broadcasters and programs had a long way to go before they balanced the liberal press.
- Fortunately, as in the 1800 election, Republicans gained control of Congress in 1992 and
- the ôRush Actö died a natural death.
- Recently many Americans have become concerned with domestic terrorism. Waco,
- the Oklahoma Federal Building, and now the Freemen in Montana have caused citizens
- and legislators alike to want something done. The House of Representatives just
- approved HR2768. This bill will curtail many liberties for American citizens as well as
- Aliens. The following are eight points made by the ACLU concerning this bill:
- 1. Broad terrorism definition risks selective prosecution
- 2. More illegal wiretaps and less judicial control will threaten privacy
- 3. Expansion of counterintelligence and terrorism investigations threatens privacy
- 4. The Executive would decide which foreign organizations Americans could support
- 5. Secret evidence would be used in deportation proceedings
- 6. Foreign dissidents would be barred from the United States
- 7. Federal courts would virtually lose the power to correct unconstitutional Incarceration
- 8. Aliens are equated with terrorists
- This bill has many points in common with the Alien and Sedition Acts of 1798, the Smith
- Act of 1950, the McCarren Act of 1950, and the Executive Order of Feb.19, 1942 that led
- to War Relocation Authority. Each one of these actions were taken when fear controlled
- the public and an agenda controlled the people in authority. Thankfully, the American
- people have the Constitution and the Bill of Rights to bring them back from the edge, and
- to force those in positions of responsibility to accountability.
- The responsibility of government lies with the governed. If the American people
- react to trying situations and events in fear, then a general malaise and sense of
- helplessness will permeate the collective American consciousness. The abdication of
- personal responsibility erodes liberty, creating an atmosphere of dependency, that leads to
- bigger government and its pseudo security. Edward LivingstonÆs statement, ôIf we are
- ready to violate the Constitution, will the people submit to our unauthorized acts? Sir,
- they ought not to submit; they would deserve the chains that our measures are forging for
- them, if they did not resist,ö serves as a timely warning to Americans today.
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