The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
All action taken thus far to ensure the perpetuity and safety of the
Government against the strangers within its gates seemed to the
Federalists incomplete while this seditious press remained unbridled.
The crowning measure of the session of 1798, therefore, took the shape
of an addition to the early act defining crimes against the United
States. It provided fine and imprisonment for conspiring to oppose
measures of the Government, for advising insurrection, and for libelling
the Government, either House of Congress, or the President. The duration
of the act was limited to the end of the present Administration. As
originally introduced into the Senate, this "sedition act" declared
that giving aid or comfort to a Frenchman or to France was treason to
the United States, punishable by death. It was toned down in this and
several other particulars by moderate spirits before being enacted
into a law.
The opposition in Congress, called "Republicans" by themselves and
"Jacobins" by their enemies, had resisted these famous "alien and
sedition laws" at every step. They pleaded that such police regulations
had been left by the Constitution to the States; that national
citizenship did not exist separate from State citizenship; that Congress
could pass uniform laws of naturalisation, but could not control aliens
resident in a State; that adequate punishment for sedition was already
provided in the laws of the various States; that the crime of treason
was taken care of by the Constitution and Federal laws; that existing
treaties required notice to be given before foreigners could be sent
away, and then only in case of war; and that a dangerous power was
placed in the hands of the President. The constitutional amendments
guaranteeing trial by jury and freedom of speech were also quoted in
vain. When a member from New York declared that the people ought not
to submit to such tyrannical legislation and would deserve the chains
which these measures were forging for them if they did not resist,
such language was declared treasonable by the other side and productive
of the insurrectionary spirit they were trying to stamp out.
An analysis of the distribution of the vote on the Alien bill shows
that these presses, although located in the Northern and Central States,
were supported by the Southern people. Perhaps the sectional tendency
of the vote should be considered as indicative of the loss of the
Southern States to the Administration and prophetic of the support
which individualism was to receive from that section. Not a Senator
north of the Mason and Dixon line opposed the measure, and only one
from south of the line supported it. Of the Southern members in the
House, nine voted for and thirty against sending away dangerous aliens.
In the Northern section the vote stood thirty-seven to ten in favour
of the punitive action.
Public-domain text, read in full here on John Shaqi.
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