question, either in the House or in committee of the whole, an amendment
intended to silence Mr. Gallatin. He laughed at it, and, the House very
soon becoming convinced of its uselessness, the rule was repealed.
The alien bill passed, after a warm but a short debate, by a vote of 46
to 40, and on the 5th July, ten days before the session closed, the
sedition bill came down from the Senate. As the bill then stood, it
contained a clause enacting that "if any person shall, by writing,
printing, or speaking, threaten" an officer of the government "with any
damage to his character, person, or estate," he shall be deemed guilty
of a high misdemeanor and be punished by fine and imprisonment.
Edward Livingston immediately moved that the bill be rejected. In
opposition to this motion, and in order to prove the necessity of such
extravagant legislation, Mr. Allen, of Connecticut, made an elaborate
speech, which is still entertaining and instructive reading. He
arraigned the newspapers, and asserted that they showed the existence of
a dangerous combination to overturn the government; to this combination
Mr. Edward Livingston was a party, as shown by an extract from his
speech on the alien bill; the New York Time-Piece was one of its organs,
as shown by a tirade against the President; the Aurora, of Philadelphia,
as another organ, "the great engine of all these treasonable
combinations." These quotations now read tamely, and it requires a
considerable exercise of the imagination to understand how America could
ever have had a society to which such writings should have seemed
dangerous. Mr. Harper himself, the author of "The Plot," was obliged to
concede that he did not give much weight to the newspapers; in his eyes
Mr. Edward Livingston was the real offender, and speeches made in that
House were the real objects which the bill aimed to suppress. Mr.
Livingston had in fact announced that the people would oppose and the
States would not submit to the alien act, and added, in imitation of
Lord Chatham's famous declaration, "They ought not to acquiesce, and I
pray to God they never may." The debate went on in this style, with
criminations and recriminations, until Mr. Gallatin rose. He took the
ground--the only ground indeed which he could take in the present stage
of the bill--that necessity alone could warrant its passage; that the
proof of that necessity must be furnished by its supporters; that the
proof thus far furnished was by no means sufficient; that the newspaper
paragraphs cited by Mr. Allen were not of a nature to require such a
measure of coercion; that the expressions used by members in debate
could not be reached by the bill; that the bill itself as it then stood
was in part useless, in part dependent on the proof of necessity, and
had best be rejected.
Public-domain text, read in full here on John Shaqi.
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