The Alien and Sedition Acts of 1798

from Folwell's "Laws of the U.S."

[As mentioned by Rush Limbaugh today] The Department of Homeland Security (DHS) attempt to demonize many as 'right wing extremists' has a historic precident.

Under the threat of war with France, Congress in 1798 passed four laws in an effort to strengthen the Federal government. Known collectively as the Alien and Sedition Acts, the legislation sponsored by theFederalists was also intended to quell any political opposition from the Republicans, led by Thomas Jefferson.The first of the laws was the Naturalization Act, passed by Congresson June 18. This act required that aliens be residents for 14 years instead of 5 years before they became eligible for U.S. citizenship.Congress then passed the Alien Act on June 25, authorizing the President to deport aliens "dangerous to the peace and safety of the United States" during peacetime.

The third law, the Alien Enemies Act, was enacted by Congress on July6. This act allowed the wartime arrest, imprisonment and deportation of any alien subject to an enemy power.

The last of the laws, the Sedition Act, passed on July 14 declared that any treasonable activity, including the publication of "any false, scandalous and malicious writing," was a high misdemeanor, punishable by fine and imprisonment. By virtue of this legislation twenty-five men, most of them editors of Republican newspapers, were arrested and their newspapers forced to shut down.

One of the men arrested was Benjamin Franklin's grandson, Benjamin Franklin Bache, editor of the Philadelphia Democrat-Republican Aurora. Charged with libeling President Adams, Bache's arrest erupted in a public outcry against all of the Alien and Sedition Acts.

Many Americans questioned the constitutionality of these laws. Indeed, public opposition to the Alien and Sedition Acts was so great that they were in part responsible for the election of Thomas Jefferson, a Republican, to the presidency in 1800. Once in office, Jefferson pardoned all those convicted under the Sedition Act, while Congress restored all fines paid with interest.