FREE ESSAY ON SEDITION ACT OF 1798

SEDITION ACT OF 1798

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
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 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 Hamilton's 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 America's political system. The English "Order of
Council" and the French "Milan Decree" wreaked havoc with America's shipping and led to
Jay's Treaty of 1794. Jay's 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. There was a big mistake 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 public's perception of the Republican's opposition to the
Federalist's 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 Tallyrand's 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 hadn't 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 didn't 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, the freedom of press as a well developed
principle, and freedom of speech the cornerstone in American's 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 Act's 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, America's 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 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. As in
the 1790's 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. 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.
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