History of the United States, Volume 2Andrews, Elisha Benjamin
History
History of the United States, Volume 2
Andrews, Elisha Benjamin
United States -- History
The heat of the nation's wrath evoked by this conflict with France
betrayed the Federalists in Congress into some pieces of tyrannical
legislation. These were especially directed against refugees from
France, lest they should attempt to reenact here the bloody drama just
played out there. Combinations were alleged, without proof, to exist
between American and French democrats, dangerous to the stability of
this Government.
A new naturalization act was passed, requiring of an immigrant, as
prerequisite to citizenship, fourteen years of residence instead of the
five heretofore sufficient. Next came three alien acts, empowering the
President, at his discretion, without trial or even a statement of his
reasons, to banish foreigners from the land; any who should return
unbidden being liable to imprisonment for three years, and cut off from
the possibility of citizenship forever. A "sedition act" followed, to
fine in the sum of $5,000 each and to imprison for five years any
persons stirring up sedition, combining to oppose governmental measures,
resisting United States law, or putting forth "any false, scandalous, or
malicious writings" against Congress, the President, or the Government.
To President Adams's credit, he was no abettor of these hateful decrees,
and did little to enforce them. The sedition law, however, did not rest
with him for execution, and was applied right and left. Evidently its
champions were swayed largely by political motives. Matthew Lyon, a
fiery Republican member of Congress from Vermont, had, in an address to
his constituents, charged the President with avarice and with "thirst
for ridiculous pomp and foolish adulation," He was convicted of
sedition, fined $1,000, and sentenced to four months in prison. This
impoverished him, as well as took him from his place in Congress for
most of a session. Adams refused pardon, but in 1840 Congress paid back
the fine to Lyon's heirs.
It is now admitted that these measures were unconstitutional, as
invading freedom of speech and of the press, and assigning to the
Federal Judiciary a common-law jurisdiction in criminal matters. But
they were also highly unwise, subjecting the Federalist Party to the
odium of fearing free speech, of declining a discussion of its policy,
and of hating foreigners. The least opposition to the party in power, or
criticism of its official chiefs, became criminal, under the head of
"opposing" the Government. A joke or a caricature might send its author
to jail as "seditious." It was surely a travesty upon liberty when a man
could be arrested for expressing the wish, as a salute was fired, that
the wadding might hit John Adams behind. Even libels upon government, if
it is to be genuinely free, must be ignored--a principle now acted upon
by all constitutional States.
Public-domain text, read in full here on John Shaqi.
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