The Sedition Act of 1798 

                    For the first few years of Constitutional government, under the leadership of George Washington, there was a unity,
                    commonly called Federalism that even James Madison (the future architect of the Republican Party) acknowledged in
                    describing the Republican form of government--  And according to the degree of pleasure and pride we feel in being
                    republicans, ought to be our zeal in cherishing the spirit and supporting the character of Federalists. Although legislators
                    had serious differences of opinions, political unity was considered absolutely essential for the stability of the nation.
                    Political parties or factions were considered evil as Complaints are everywhere heard from our most considerate and
                    virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments
                    are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often
                    decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested
                    and overbearing majority Public perception of factions were related to British excesses and thought to be the mortal
                    diseases under which popular governments have everywhere perished. James Madison wrote in Federalist Papers #10,
                    By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are
                    united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the
                    permanent and aggregate interests of the community. He went on to explain that faction is part of human nature; that the
                    CAUSES of faction cannot be removed, and that relief is only to be sought in the means of controlling its EFFECTS.
                    The significant point Madison was to make in this essay was that the Union was a safeguard against factions in that even if
                    the influence of factious leaders may kindle a flame within their particular States, [they will be] unable to spread a general
                    conflagration through the other States. What caused men like Thomas Jefferson and James Madison to defy tradition
                    and public perceptions against factions and build an opposition party? Did they finally agree with Edmund Burkes famous
                    aphorism: When bad men combine, the good must associate; else they will fall, one by one, an unpitied sacrifice in a
                    contemptible struggle? Did the answer lie in their opposition with the agenda of Alexander Hamilton and the increases of
                    power both to the executive branch as well as the legislative branch of government? Hamilton pushed for The Bank of the
                    United States, a large standing Army raised by the President (Congress was to raise and support armies,) a Department
                    of Navy, funding and excise taxes, and, in foreign policy, a neutrality that was sympathetic to British interest to the
                    detriment of France. Many legislators, especially those in the south, were alarmed to the point that a separation of the
                    Union was suggested as the only way to deal with Hamiltons successes. Many were afraid that the army would be used
                    against them as it had during the Whiskey Rebellion. Southerners saw the taxes to support a new treasury loan favoring
                    pro-British merchants in the commercial cities, and unfairly paid by landowners in the South. These issues as well as
                    neutrality issues between France, England, and the United States were the catalyst for the forming of the Republican
                    Party. The French and English conflict caused many problems with Americas political system. The English Order of
                    Council and the French Milan Decree wreaked havoc with Americas shipping and led to Jays Treaty of 1794. Jays
                    Treaty was advantageous to America and helped to head off a war with Britain, but it also alienated the French. The
                    French reacted by seizing American ships causing the threat of war to loom large in American minds. President Adams
                    sent three commissioners to France to work out a solution and to modify the Franco-American alliance of 1778, but the
                    Paris government asked for bribes and a loan from the United States before negotiations could even begin. The American
                    commissioners refused to pay the bribes and they were denied an audience with accredited authorities and even treated
                    with contempt. Two of the commissioners returned to the United States with Elbridge Gerry staying behind to see if he
                    could work something out. This became known as the XYZ affair and was the beginning of an undeclared naval war
                    between France and the United States. The XYZ affair played right into the hands of the Federalist Party. They
                    immediately renounced all treaties of 1788 with France and began their agenda of creating a large standing army and a
                    Navy Department to deal with the threat of an American-French war. Fear and patriotism were fanned and a strong
                    anti-French sentiment swept the land. Then a gem of a caveat was thrown into the Federalist hands when Monsieur Y
                    boasted that the Diplomatic skill of France and the means she possess in your country, are sufficient to enable her, with
                    the French party in America, to throw the blame which will attend the rupture of the negotiations on the Federalist, as you
                    term yourselves, but on the British party, as France terms you. This boast was to cause suspicion and wide spread
                    denunciation of the Republican Party and its leaders. Senator Sedgwick, majority whip in the Senate, after hearing of the
                    XYZ Affair, said, It will afford a glorious opportunity to destroy faction. Improve it. Hamilton equated the publics
                    perception of the Republicans opposition to the Federalists agenda like that of the Tories in the Revolution. All in all, this
                    boast began the process that became the Alien and Sedition Acts of 1798. The Republicans debated against the bills for
                    about a month, but the Federalist had the votes. A background of fear helped keep the public silent and perhaps
                    somewhat approving to the loss of some personal freedoms, as nobody wanted to be accused as a Jacobean. In May of
                    1778, President Adams declared a day of prayer and fasting. Many thought that the Jacobeans were going to use that
                    day to rise up in insurrection and cut the throats of honest citizens. They even thought they were going to attack
                    President Adams and citizens of Philadelphia came out by the hundreds to protect him. Federalist saw this as a
                    demonstration of support for the government. Those who spoke against the Sedition bill were accused of being in league
                    with the Jacobeans. Edward Livingston, in opposing the bill said, If we are ready to violate the Constitution, will the
                    people submit to our unauthorized acts? Sir, they ought not to submit; they would deserve the chains that our measures
                    are forging for them, if they did not resist. The Federalist accused Livingston of sedition because of his implied threat of
                    popular rebellion; a practice seen in future debates when unlawful power was to be enforced. Republican newspapers
                    were railing against the Federalist and especially against the Sedition bill. The Aoura was the leading Republican
                    publication and Benjamin Bache was its editor. Baches ability to get the story out caused much consternation among
                    Federalist. Harrison Gray Otis said that Baches writing influenced even intelligent people, What can you expect from the
                    gaping and promiscuous crowd who delight to swallow calumny..? The Federalist needed the Sedition bill to shut down
                    the Republican presses and Bache played right into their hands with his publication of Tallyrands conciliatory letter to the
                    American envoys before the President had even seen it.

                    Republicans insisted that this was a journalistic scoop that would lead to peace because France was willing to negotiate
                    with Edmund Gerry. The Federalist wanted Bache to explain how he had received a letter that the President hadnt even
                    seen yet. They began to accuse him of being in league with France, an agent of Tallyrand and an enemy of the people of
                    the United States. The administration was so incensed with Bache that they didnt wait for passage of the Sedition bill, but
                    had him arrested for treason on June 27, 1778. From the very beginning Republican leaders recognized that the Sedition
                    bill was primarily directed toward the destruction of any opposition to the Federalist Party and its agenda. Albert Gallatin
                    said the Sedition Act was a weapon to perpetuate their authority and preserve their present places. Proof that this bill
                    was politically motivated became obvious when the House voted to extend the act from the original one year proposed to
                    the expiration of John Adams term, March 3, 1801. The States response to the passing of the Sedition Act was mixed.
                    Kentucky and Virginia each responded with acts basically nullifying the Congressional act, but other states accepted the
                    Congress taking authority from what had been a state function. The public response initially appeared mixed. British
                    common law seemed to have preconditioned many to accept a limitation of their personal freedoms. The victory of the
                    Republicans, who ran on a platform of anti-sedition, in the election of 1800 showed that Americans were much more
                    interested in personal freedom than the aristocratic Federalist thought. What would happen if Congress submitted a
                    Sedition Bill today as they did in 1778? With our established two-party system (in marked contrast to their conceptions
                    of factions), the freedom of press as a well developed principle, and freedom of speech the cornerstone in Americans
                    sense of liberty; it seems that there would be a major revolt. Are there any instances in 20th century history that compares
                    to the Sedition Acts flagrant disregard of the First Amendment? No government actions seem so blatantly
                    unconstitutional as the Sedition Act of 1798; but, there are many actions since then that have caused much more personal
                    pain than the twenty-seven persons convicted under the Sedition Act. In times of war it is understood that many personal
                    liberties may be curtailed, especially for enemy aliens living in the United States. The War Relocation Authority signed by
                    President Roosevelt caused thousands of enemy aliens as well as Japanese- American citizens to lose everything as they
                    were interned in concentration camps throughout the West. These Americans were told that if they were true patriotic
                    citizens they would go without complaining. If they were to complain then that was prima facie evidence that they were
                    not loyal citizens. In June of 1940, Americas fear of German aggression led to the enactment of the Smith Act. Much like
                    the Alien and Sedition Act it required all aliens to be registered and fingerprinted. It also made it a crime to advocate or
                    teach the violent overthrow of the United States, or to even belong to a group that participated in these actions. The
                    United States Supreme Court upheld the constitutionality of the law in the case of eleven communist (Dennis v United
                    States.) This decision was later modified in 1957 (Yates v United States.) The Court limited conviction to direct action
                    being taken against government, ruling that teaching communism or the violent overthrow of government did not in itself
                    constitute grounds for conviction. Another instance of governmental infringement of the liberties of American citizens is the
                    well known Senate Sub-committee on un-American Activities headed by Joseph McCarthy. Thousands of people lost
                    their livelihood and personal reputations were shattered by innuendo, finger pointing, and outright lies. As in earlier
                    instances of uncontrolled excesses by people in government, guilt was assumed and protestations of innocence were
                    evidence that something was being hidden.

                    In 1993, rumblings were heard from the Democratic controlled Congress that there needed to be fairness in broadcasting.
                    If one viewpoint was shared, they felt the opposing viewpoint must be given fair time to respond. This was facetiously
                    called the Rush Act in response to the phenomenal success of conservative radio talk show host, Rush Limbaugh. As in
                    the 1790s when Republicans formed newspapers to counteract the Federalist control of the press; many conservatives
                    felt that the few conservative broadcasters and programs had a long way to go before they balanced the liberal press.
                    Fortunately, as in the 1800 election, Republicans gained control of Congress in 1992 and the Rush Act died a natural
                    death. Recently many Americans have become concerned with domestic terrorism. Waco, the Oklahoma Federal
                    Building, and now the Freemen in Montana have caused citizens and legislators alike to want something done. The House
                    of Representatives just approved HR2768. This bill will curtail many liberties for American citizens as well as Aliens. The
                    following are eight points made by the ACLU concerning this bill:

                    1. Broad terrorism definition risks selective prosecution

                    2. More illegal wiretaps and less judicial control will threaten privacy 

                    3. Expansion of counterintelligence and terrorism investigations threatens privacy

                    4. The Executive would decide which foreign organizations Americans could support

                    5. Secret evidence would be used in deportation proceedings 

                    6. Foreign dissidents would be barred from the United States

                    7. Federal courts would virtually lose the power to correct unconstitutional Incarceration

                    8. Aliens are equated with terrorists 

                    This bill has many points in common with the Alien and Sedition Acts of 1798, the Smith Act of 1950, the McCarren Act
                    of 1950, and the Executive Order of Feb.19, 1942 that led to War Relocation Authority. Each one of these actions were
                    taken when fear controlled the public and an agenda controlled the people in authority. Thankfully, the American people
                    have the Constitution and the Bill of Rights to bring them back from the edge, and to force those in positions of
                    responsibility to accountability. The responsibility of government lies with the governed. If the American people react to
                    trying situations and events in fear, then a general malaise and sense of helplessness will permeate the collective American
                    consciousness. The abdication of personal responsibility erodes liberty, creating an atmosphere of dependency, that leads
                    to bigger government and its pseudo security. Edward Livingstons statement, If we are ready to violate the Constitution,
                    will the people submit to our unauthorized acts? Sir, they ought not to submit; they would deserve the chains that our
                    measures are forging for them, if they did not resist, serves as a timely warning to Americans today. 
