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Alien and Sedition Acts (1798)

By Milestone Documents

 

Passed in preparation for an anticipated war with France, the Alien and Sedition Acts tightened restrictions on foreign-born Americans and limited speech critical of the government.

In 1798, the United States stood on the brink of war with France. The Federalist Party, which advocated for a strong central government, believed that Democratic-Republican criticism of Federalist policies was disloyal and feared that “aliens,” or non-citizens, living in the United States would sympathize with the French during a war.

As a result, a Federalist-controlled Congress passed four laws, known collectively as the Alien and Sedition Acts. These laws raised the residency requirements for citizenship from 5 to 14 years, authorized the president to deport “aliens,” and permitted their arrest, imprisonment, and deportation during wartime. The Sedition Act made it a crime for American citizens to “print, utter, or publish…any false, scandalous, and malicious writing” about the government.

The laws were directed against Democratic-Republicans, the party typically favored by new citizens. The only journalists prosecuted under the Sedition Act were editors of Democratic-Republican newspapers.

Sedition Act trials, along with the Senate’s use of its contempt powers to suppress dissent, set off a firestorm of criticism against the Federalists and contributed to their defeat in the election of 1800, after which the acts were repealed or allowed to expire. The controversies surrounding them, however, provided for some of the first tests of the limits of freedom of speech and press.

Transcript

Note: The Alien and Sedition Acts consist of the following acts:

  1. An Act supplementary to and to amend the act, intituled, “An Act to establish an uniform rule of naturalization, and to repeal the act therefore passed on that subject” of June 18, 1798, “Naturalization Act of 1798”
  2. An Act concerning aliens of June 25, 1798, “Alien Act”
  3. An Act respecting alien enemies of July 6, 1798, “Alien Enemies Act”
  4. An Act in addition to the act, entitled “An Act for the punishment of certain crimes against the United States” of July 14 1798, “Sedition Act”

The documents transcribed here are: The Alien ActThe Alien Enemies Act, and The Sedition Act.

FIFTH CONGRESS OF THE UNITED STATES:
At the Second Session,
Begun and held at the city of Philadelphia, in the state of Pennsylvania, on Monday, the thirteenth of November, one thousand seven hundred and ninety-seven.

An Act Concerning Aliens.

SECTION 1. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States at any time during the continuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order, which order shall be served on such alien by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the office of the Secretary of State, by the marshal or other person to whom the same shall be directed. And in case any alien, so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained a license from the President to reside therein, or having obtained such license shall not have conformed thereto, every such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States. Provided always, and be it further enacted, that if any alien so ordered to depart shall prove to the satisfaction of the President, by evidence to be taken before such person or persons as the President shall direct, who are for that purpose hereby authorized to administer oaths, that no injury or danger to the United States will arise from suffering such alien to reside therein, the President may grant a license to such alien to remain within the United States for such time as he shall judge proper, and at such place as he may designate. And the President may also require of such alien to enter into a bond to the United States, in such penal sum as he may direct, with one or more sufficient sureties to the satisfaction of the per- son authorized by the President to take the same, conditioned for the good behavior of such alien during his residence in the United States, and not violating his license, which license the President may revoke, whenever he shall think proper.

SEC. 2. And be it further enacted, That it shall be lawful for the President of the United States, whenever he may deem it necessary (for the public safety, to order to be removed out of the territory thereof, any alien who mayor shall be in prison in pursuance of this act; and to cause to be arrested and sent out of the United States such of those aliens as shall have been ordered to depart therefrom and shall not have obtained a license as aforesaid, in all cases where, in the opinion of the President, the public safety requires a speedy removal. And if any alien so removed or sent out of the United States by the President shall voluntarily return thereto, unless by permission of the President of the United States, such alien on conviction thereof, shall be imprisoned so long as, in the opinion of the President, the public safety may require.

SEC. 3. And be it further enacted, That every master or commander of any ship or vessel which shall come into any port of the United States after the first day of July next, shall immediately on his arrival make report in writing to the collector or other chief officer of the customs of such port, of all aliens, if any, on board his vessel, specifying their names, age, the place of nativity, the country from which they shall have come, the nation to which they belong and owe allegiance, their occupation and a description of their persons, as far as he shall be informed thereof, and on failure, every such master and commander shall forfeit and pay three hundred dollars, for the payment whereof on default of such master or commander, such vessel shall also be holden, and may by such collector or other officer of the customs be detained. And it shall be the duty of such collector or other officer of the customs, forthwith to transmit to the office of the Department of State true copies of all such returns…

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