There were in fact two alien laws: one relating to alien enemies, which
was permanent in its nature and applied only during periods of declared
foreign war; the other relating to alien friends, and limited in
operation to two years. This last was the subject of hot opposition and
almost hotter advocacy. As enacted, it empowered the President, without
process of law, to order out of the country any alien whatever whom "he
shall judge dangerous" or "shall have reasonable grounds to suspect" to
be dangerous to the public peace and safety; and in case of disobedience
to the order the alien "shall, on conviction thereof, be imprisoned for
a term not exceeding three years" and be denied the right to become a
citizen.
The sedition law, as enacted, was also limited to two years, and expired
on the 3d March, 1801. Its first section was calculated to annoy Mr.
Gallatin, who had always maintained, in opposition to his opponents,
that the famous Pittsburg resolutions of 1792 were not illegal, however
ill-advised. These resolutions had been flung in his face during every
exciting debate since he had entered Congress. The sedition law enacted,
first, that any persons who "shall unlawfully combine with intent to
oppose" any measure of government, or to impede the operation of any
law, or to prevent any officer from doing his duty, or who shall attempt
to procure any unlawful combination, shall be guilty of a misdemeanor
and punished by fine and imprisonment. Whether the Pittsburg meeting
came within the terms of this law was, however, a matter of mere
personal interest, about which Mr. Gallatin did not trouble himself, but
devoted all his labor to the second section of the bill.
This was certainly vulnerable enough. It enacted that "if any person
shall write, print, utter, or publish," or aid in so doing, any scandal
against the government, or either House, or the President, with intent
to defame, or to excite hatred or unlawful combinations against the
laws, he shall be punished by fine and imprisonment.
The alien law came first under consideration, and Mr. Gallatin took the
ground that under the Constitution Congress had no power to restrain the
residence of alien friends, this power being among those reserved to the
States; and after arguing this point he turned to the clause in the
Constitution which debarred Congress from prohibiting "the emigration
_or_ importation of such persons as any of the States shall think proper
to admit," and maintained that this provision, so far as it related to
immigrants, would be defeated by the law, which gave the President the
right to remove such persons even though the States might admit them.
His third position was that the law suspended the right of habeas corpus
guaranteed by the Constitution except in cases of rebellion and
insurrection, and that it violated the clause that "no person shall be
deprived of life, liberty, or property without due process of law."
Public-domain text, read in full here on John Shaqi.
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