The Alien and Sedition Acts of 1798
Limits on American Freedom Amid Concerns for National Security
Nov 13, 2009
During the presidency of John Adams, the new American republic faced its first foreign crisis, involving, ironically enough, its former chief ally, France. The French Revolution, unlike its American predecessor, had not resulted in a relatively stable republic, but instead had degenerated into near anarchy, resulting in a years-long “reign of terror” in which anyone perceived to be a supporter of the old regime was likely to end up under the blade of the guillotine. Also unlike the Americans, the French seemed eager to export their revolution to their European neighbors. By 1798 it was even rumored that the French might try to invade America and, with the help of American traitors and recent French émigrés, set up their own revolutionary regime.
Federalists and Republicans
By the time of the French crisis, the factions within American politics had coalesced into two organized parties: the Federalists, who saw a strong central government as the foundation of an enduring country; and the Democratic-Republicans (soon called just Republicans), who viewed the separate states as the fundamental units of the nation. Predictably, the Federalists perceived the events in France as a threat to stable government everywhere, while the Republicans saw them as signs of a growing trend towards freedom around the world. Politically, the stage was set for a confrontation over the relative importance of freedom versus security.
The Alien and Sedition Acts
The Federalists in 1798 included not only President Adams, but most of the legislative and judicial branches of the government as well. The vice president, Thomas Jefferson, along with a minority in Congress, represented the Republicans. On July 14 of that year, Adams signed four acts of Congress collectively called the Alien and Sedition Acts:
- The Naturalization Act extended the length of time a resident alien had to wait before becoming a naturalized citizen, from five years to fourteen.
- The Alien Enemies Act allowed the president to deport any citizen of a nation with which the United States was at war.
- The Alien Friends Act gave the president, even in times of peace, the power to deport any alien who in his judgment was “dangerous to the peace and safety of the United States.”
- The Sedition Act, the most notorious of the four, made it illegal for anyone to “unlawfully combine or conspire together, with intent to oppose any measure or measures of the government of the United States,” or to “write, print, utter, or publish” any statement intended to “defame” or “bring … into contempt or disrepute” the government of the United States or any member of it.
Prosecutions Under the Sedition Act
The sedition trials were presided over by the justices of the Supreme Court, sitting individually as circuit court judges; they were all Federalists. Most of those prosecuted under this act were Republican newspaper editors, notably Benjamin Bache, grandson of Benjamin Franklin; but the accused also included the Republican congressman from Vermont, Matthew Lyon. Lyon was indicted for writing articles critical of President Adams, noting his “continual grasp for power” and his “unbounded thirst for ridiculous pomp, foolish adulation, and selfish avarice.” Lyon was fined $1000 and sentenced to four months in jail – during which time his constituents showed their opposition to the Sedition Act by re-electing Lyon to Congress.
In the end, the Alien and Sedition Acts backfired on the Federalists. Opposition to them was so widespread that in the congressional elections of 1800, Republicans won a substantial majority. The presidential election was not as clean-cut: due to the peculiarities of the electoral system of the time, both Thomas Jefferson, the Republican candidate, and his own running mate, Aaron Burr, won 73 electoral votes and were therefore tied, requiring the House of Representatives, voting state by state, to choose the winner. After considerable political maneuvering, Jefferson emerged the victor by one vote – that cast by the sole Representative from Vermont, Matthew Lyon.
The Naturalization Act, The Enemy Friends Act, and the Sedition Act were either repealed or allowed to expire, and President Jefferson pardoned all those convicted under the Sedition Act. The Enemy Aliens Act, in modified form, remains in effect.
Source:
Gragg, Larry. “Passage of the Alien and Sedition Acts.” American History v33n4 (Oct 1998):24–31.
The full text of the Alien and Sedition Acts may be found at the Library of Congress website, accessed November 12, 2009.
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