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 newss 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.（） |
