Alien and Sedition Acts

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Alien and Sedition Acts (1798).In 1798, the Federalist Congress passed four laws to check a perceived French threat during the Undeclared Naval War with France. The Naturalization Act (18 June) extended required residence from five to fourteen years before an alien could become a citizen. The Alien Friends Act (25 June) allowed the president to deport any alien deemed dangerous to “peace and safety” and the Alien Enemies Act (July 6) allowed the deportation of any alien from a country at war with the United States. The Sedition Act (14 July) rendered it a crime to make statements intended to defame or bring the president, Congress, or government into contempt or disrepute. Those convicted could be fined up to $2,000 and jailed for two years. The Naturalization and Enemies Acts were permanent; the Alien Friends Act would expire in 1800, and the Sedition Act in 1801. Not vigorously enforced, the Alien Acts convinced many aliens to leave the United States.

Ultimately twenty‐one people were indicted for sedition, and eleven were convicted, receiving sentences of up to eighteen months and fines of $1,000 or more. Influential Republican editors and leaders were the main targets, but any criticism was a federal crime. The Federalists argued that by allowing truth as a defense, the Sedition Act advanced civil liberties. Federal judges at sedition cases, however, interpreted the law so as to guarantee convictions: the accused must prove the truth of their opinions.

In November 1798, Vice President Thomas Jefferson and former congressman James Madison secretly drafted resolutions adopted by the Kentucky and Virginia legislatures challenging the Alien and Sedition Acts. These resolutions argued that the states had not delegated power to punish libel to the federal government, and that free government rested on the people's free opinions. As president (1801), Jefferson pardoned all convicted under the Sedition Act and helped pay their fines.
[See also Adams, John; Civil Liberties and War.]

Bibliography

James Morton Smith , Freedom's Fetters: The Alien and Sedition Laws and American Civil Liberties, 1956.

Robert J. Allison

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