The 1790s was an uncertain period of time in American History. The Revolutionary War was still fresh in the minds of many Americans. The new citizenry had already seen the instatement and subsequent failure of the Articles of Confederation, the country’s first attempt to establish a government. By 1798, the United States’ Constitution had been in effect only nine years, so it was not known whether it would stand the test of time.

If public opinion had been measured at this time, it would likely have reported a climate of anxiety and fearfulness. Beyond the general uncertainties associated with establishing a new government, there was a growing fear that a war with France was imminent. Under Napoleon’s leadership, French ships were attacking American vessels, pulling the United States into what is known as the “Quasi-war”. No formal declaration of war was made, but American citizens were aware that there was great potential for war. Into this climate of uncertainty and fear, a rising tide of anti-immigrant sentiment was born. A large number of immigrants from France and other countries were settling in the United States. With impending war on citizens’ minds, people became increasingly alarmed with the growth of what they perceived to be this dangerous element of the population.

Partially in response to this rising tide of anti-immigrant sentiment (and in conjunction with two other contributory causes) four very controversial pieces of legislation were passed, known collectively as the Alien and Sedition Acts. While some Americans felt that these laws were necessary to protect their country during a dangerous time; the Acts also ultimately tested American people’s belief in their Constitution as the legitimacy of the Acts were called into question.

As the nation’s capitol, and home to many of the immigrants at that time, Philadelphia is central to the public debate and discussion of these controversial Acts. It is from the Philadelphia perspective that this paper presents analysis of factors leading to the passage of the Alien and Sedition Acts, the role the of the Acts as a political issue between the major parties of the day, explanation of the Acts themselves, and the ultimate demise of the Acts themselves.

The combination of several factors set the stage for the Alien and Sedition Acts to be passed, specifically, the XYZ Affair, rumors of a French invasion, the growing distrust of the foreign population, and the Federalists’ spin on these events to give their party the advantage. During this time, France was involved in the French Revolution, as well as fighting a war against Great Britain. The country had gone into debt in order to support the United States during its Revolutionary War, and France knew that America would not have become independent from Britain without their help. By attacking American vessels, they were trying to force the United States from its neutral position, and into the war on their side. In an attempt to stop France from seizing American ships, President John Adams sent Charles Cotesworth Pinckney overseas to negotiate. A short time later, word came that France refused to receive the United States minister, so President Adams then sent two more men to join Pinckney, John Marshall and Elbridge Gerry. During their visit to France, agents calling themselves “X”, “Y”, and “Z” visited the three men. In an event that is now know as the XYZ Affair, the Frenchmen demanded $240,000 from America to open negotiations.1

In addition to France’s uncooperative stance, many American’s viewed the large foreign population with concern and even trepidation. Rumors of an impending French invasion began to spread after France refused to negotiate.2 At this point, a war with France was seemingly inevitable. America was such a young country at this time, and the U.S. had so recently fought the war for their independence that they greatly feared an all-out war with a major power like France. Their apprehension in facing a war of such magnitude so soon after becoming a nation was most likely well founded. The states tended to operate more like their own separate entities than as a unified nation at that time. Americans knew that there was a good chance that they would not be able to come up with the necessary resources and pull together well enough to fight a successful war.

A number of citizens, particularly Federalists, greatly feared the increasing alien population. Countless numbers of immigrants lived in Philadelphia, the nation’s capitol at that time, and the total number of French émigrés residing in the United States was over 20,000.3 Many Federalists resented that their country was being used as a safe haven to people from other nations, and they were concerned about these people’s influence on their fellow citizens.4 The Federalists had a serious advantage at that point, as a member of their party was the President; however, they knew that most immigrants tended to support the Jeffersonian Republicans, and that if they did not do something to halt the immigrant population from continuing to grow, they would lose their advantage over the Jeffersonian Republicans. They worried that too many foreign opinions and especially votes would affect their pull in policy making. The amalgamation of these circumstances laid the groundwork for the Alien and Sedition Acts.

The people of Philadelphia felt very threatened by a possible war, and at the beginning, Congress, the president, and most of the country were interested in a law that would control aliens. People were frightened of the “enemy within”, and the fact that French newspapers had been established in the nation’s capitol and around the country was very troubling. People were also noticing French booksellers, schools, boardinghouses and restaurants, which only added to their alarm.5 As this sense of panic continued to rise throughout the country, both parties were willing to consider passing laws to protect the United States against the potentially dangerous foreigners.

The two dominant political parties in the United States at this time were the Federalists and the Jeffersonian Republicans. President John Adams was a member of the Federalist Party, as was Alexander Hamilton, who played an important role in the politics of that time. The Federalists were considered to be rather conservative, and were known to adhere to a very strict interpretation of the Constitution. The Jeffersonian Republicans, on the other hand, were more liberal. Thomas Jefferson was a major spokesperson for this party, as is evidenced by the name. Their Party tended to appeal to the masses more often than did the Federalist Party, and more immigrants and naturalized citizens aligned themselves with the Jeffersonians.

Though the Alien and Sedition Acts are more commonly associated with the Federalist Party today, initially the Jeffersonian Republicans were also in favor of a bill to cover alien enemies. The Jeffersonians felt that regulation of some sort was necessary, and a Kentucky Congressman went so far as to say that he had noticed a Frenchman living in his state who frequently attempted to turn the residents of Kentucky against their government, and this was unacceptable to him, and many other politicians.6

The Federalists shared these concerns, but they also had other motives for supporting this legislation. They were nervous about the very large population of French immigrants, and the possible danger of this population in the event of a war, but they also had reason to fear immigrants of other backgrounds as well. In general, most immigrants who settled in the United States, and who eventually became American citizens, tended to vote in support of the Jeffersonian Republicans. Federalists specifically disliked the “wild” Irish, as they considered them to be adverse radicals.7 Federalists knew that if they could limit this foreign population, they could cut off an important aspect of their opponents support, and the Federalists would have a distinct advantage in future political elections.

President John Adams is said to have stayed relatively neutral on this topic. He was a member of the Federalist Party, and he did agree to the Acts when they were proposed; however, he officially neither supported nor opposed the Alien and Sedition Acts. Later, when the constitutionality of these laws was questioned, Adams defended them, referring to them as war measures and claimed that they were necessary at the time for the safety of the country.8

In the mounting crisis atmosphere, the Federalists took action, and supported four laws that would deal with the threat posed by foreigners: the Naturalization Act, two Alien Acts, and the Sedition Act.9 The Naturalization Act of 1798 followed shortly after the reports of the XYZ Affair hit the United States. This law clearly exhibits the Federalists’ political prejudice towards foreigners for the first time.10 The Naturalization Act was passed on June 18, 1798, and stated that an alien must live in the United States for 14 years before being admitted as a citizen, as opposed to the previous Naturalization laws that stipulated only five years. It also articulates that no alien will be admitted as a citizen of the United States when the U.S. is at war with the country from which said alien is a “native, citizen, denizen or subject”. 11 This law made it significantly more difficult for aliens to actually become U.S. citizens, and paved the way for the passage of the Alien laws.

There are two separate Alien laws: the Alien Enemies Law and the Alien Friends Law. The Alien Enemies Law was passed on July 6, 1798. It stipulated that any non-naturalized aliens who were affiliated with a country with which the United States was at war, who was a male and at least 14 years old, could be arrested and removed as an alien enemy.12 This was a permanent wartime law, and it was passed with bipartisan support.13 Though this regulation satisfied many people, Federalists were not content with only the Alien Enemies Law. They felt that there should also be a law that specified what to do regarding aliens whom they considered questionable, such as the Irish.14 The Alien Friends Law, which was then referred to as “An Act Concerning Aliens”, was passed June 25, 1798. This ruling stated that the president had the power to expel any alien that he felt was “dangerous to the peace and safety” of the country.15 The law was undoubtedly a Federalist attempt to deal with the temporary crisis with France, and was limited to two years; however it could be exercised in peace or war.16

The Sedition Act, which is by far the most divisive piece of the legislation, is the fourth and final piece of the Acts. It states that any person who writes, prints, utters or publishes any “false, scandalous and malicious” writing regarding the government, Congress or the President with intent to defame, stimulate the people’s loathing, rouse sedition within the country, stir up any resistance, counter a law, or to encourage any hostility from a foreign nation is liable to a fine and or imprisonment.17 The Sedition Act drew the most disapproval, as it seems to very obviously contradict the freedoms allotted U.S. citizens in the First Amendment. Ironically, this law was passed very shortly after Philadelphia had celebrated the United States’ Independence Day.18

Once Congress passed these acts, an intense dispute regarding the limits of independence in a free society began; many citizens objected to various parts of this legislation, especially the Sedition Act. Philadelphians objected that there was no specified power given to Congress in the Constitution to pass a law such as the Alien and Sedition Acts. Also, they felt that these laws were not in the Legislative Branches power to pass, and most importantly, that the Sedition Act violated the First Amendment which gave Americans the rights to freedom of religion, speech, press, as well as the right to assemble in peace, and the right to lobby against the government.19

Citizens of Philadelphia also had issues with parts of the Alien Act. They objected to removing aliens on suspicion alone, and they argued that aliens should only be evicted as a result of a proven crime. Also, they felt that it was wrong to subjectively remove an alien before he had time to become a citizen of the United States. And finally, many felt that the law was incompatible with Article 1, section 9 of the Constitution, which states that Congress cannot stop an immigrant from joining a state that is willing to accept him.20

Interestingly, the Pennsylvania Gazette tended to write only positive things regarding the Alien and Sedition Acts. This newspaper defended the objections made by people in Philadelphia, although the defense seems a bit feeble. It is very wordy, and seems to avoid the actual point. Also, the paper defended the constitutionality of the Acts at one point. Perhaps the editors were afraid to publish anything considered seditious, or maybe this particular newspaper supported the Federalist Party, and wanted to dispel the talk claiming that these Acts were unconstitutional.

There is little doubt that the Alien and Sedition Acts were passed, at least in part, to stifle the Jeffersonian Republican editors. Shortly after this legislation was enacted, several individuals who were particularly outspoken regarding the Federalist Part and the President were indicted under the Sedition Act, most notably Thomas Cooper. Cooper was an English radical who had a law degree, owned a textile mill, and was also known to be a chemist. He was condemned by the British Parliament as being too radical, and believing that he was no longer to freely express himself in England, he immigrated to the United States. After becoming an American citizen, he worked as an editor at newspapers known to be politically controversial. He was also known to be opposed to the Federalist Party.21

Cooper authored a handbill that openly criticized President Adams, but was allowed to continue writing for the Jeffersonians for some time. He was requested to appear as council for another editor who was on trial before the Senate. He wrote back informing them that he would not represent William Duane, and he openly criticized the Senate in the process.22 A short time later, he was indicted for seditious libel, supposedly due to his refusal to appear in front of the Senate, but it is believed that he actually was charged because of the handbill he wrote previously.23

Cooper’s case went to trial, and it is rather well known because it took place in Philadelphia during a frenzied presidential campaign, bringing national attention to the case. He attempted to defend himself, but was ultimately found guilty of seditious libel.24 He tried to appeal to the people from prison, but was unsuccessful. He served his sentence of six months in prison, and paid the sum of four hundred dollars.25 This particular case is an example of the Federalists’ willingness to deny their opponents the right to publicly criticize them so that they could remain in office.26

During the years after the Sedition Act was passed, 17 people were indicted of sedition, and 10 were convicted. In addition to Thomas Cooper, Benjamin Bache, a powerful Jeffersonian editor, James Callender, who condemned the President, Matthew Lyon, an Irishman who was known to criticize the President, and Luther Baldwin, a man who drunkenly spoke ill of the President, were all convicted under the Sedition Law with varying sentences. Most of them served about three to four months in prison, and the average fine was approximately three hundred dollars.27

Though the Federalists surely thought that hindering the other party’s ability to speak freely would lead to their destruction, the irony of the situation is that the opposite effect occurred. Despite the Federalists attempts to put the Jeffersonian Republicans at a disadvantage, the Sedition Act actually increased circulation of periodicals supporting their party. In fact, 30 new newspapers were started after the law was enacted.28 Apparently the Jeffersonian Republicans realized that what was being done to them was unconstitutional, as many of them attempted to speak out. In just four short years, the Naturalization Act, one of the Alien Acts, and the Sedition Act had either expired or been repealed. Only the Alien Enemies Act remained, but it was never enacted because the war with France never occurred. When Thomas Jefferson came to office a short time later, he pardoned all those remaining in prison as a result of the Sedition Act.

I began this paper with an overview of the political and social factors that led to the passage of the Alien and Sedition Acts; Philadelphia was selected as the city that provided the perspective, or framing, of discussion of the issues. The times were unsettling and apprehension over potential impending war and rising numbers of immigrants dominated public mood. As the nation’s capitol, Philadelphia was strongly impacted; it had high numbers of immigrants and the potential war was debated regularly in Congress. How the Acts were handled by the two political parties, the Federalists and the Jeffersonian Republicans was the second analyzed topic. The Jeffersonians were initially interested in controlling the foreign population until it became apparent that the Federalists were using this legislation as a means of furthering their own interests. Next, an overview of the Acts themselves was provided. Finally, the last section of this paper discusses how the Acts came to their respective ends during the Jefferson presidency.

While the Alien and Sedition Acts are now history, important lessons from them reverberate through the years and have meaning even today. The strongest lesson may be that, in times of great fear and uncertainty, it may be natural to distrust ‘outsiders.’ One need think how many Arabic-Americans were reportedly treated in the months following September 11, 2001 to realize this notion is as true today as it was during the 1790s. Or, recall the number of Japanese Americans who were detained in prison camps during World War II. In these, and possibly other instances in American History, we have allowed our fears and distrust to dominate public mood (and sometimes policy) to the detriment of crucial First Amendment rights and protections.

In this lesson lies the real value of the Alien and Sedition Acts. The Constitution was sorely tested on this issue when the country was still in its infancy. It survived then and gives us a lesson for the ages.

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notes

1. Noble E. Cunningham Jr. Jefferson vs. Hamilton Confrontations That Shaped a Nation. The Bedford Series in History and Culture. (Bedford/St. Martin’s, 2000), 114.

2. Larry Gragg. Order vs. Liberty. American History 1998 33(4): 24-28.

3. Larry Gragg. Order vs. Liberty. American History.

4. Larry Gragg. Order vs. Liberty. American History.

5. David G. McCollough. John Adams. (New York, NY.: Simon and Schuster, 2001), 505.

6. James Morton Smith. Freedom’s Fetters: The Alien and Sedition Acts and American Civil Liberties. (Binghamton, NY: Vail-Ballou Press, Inc., 1956), 35.

7. David G. McCollough. John Adams.

8. David G. McCollough. John Adams. 504.

9. Larry Gragg. Order vs. Liberty. American History.

10. James Morton Smith. Freedom’s Fetters: The Alien and Sedition Acts and American Civil Liberties. 22.

11. Milton Cantor and Henry Steele Commager. Documents of American History, vol. 1 to 1898 (Englewood Cliffs, NJ.: Prentice Hall, Inc., 1988), 175.

12. Milton Cantor and Henry Steele Commager. Documents of American History. 177.

13. James Morton Smith. Freedom’s Fetters: The Alien and Sedition Acts and American Civil Liberties. 35.

14. James Morton Smith. Freedom’s Fetters: The Alien and Sedition Acts and American Civil Liberties. 50.

15. Milton Cantor and Henry Steele Commager. Documents of American History. 176.

16. James Morton Smith. Freedom’s Fetters: The Alien and Sedition Acts and American Civil Liberties. 35.

17. The Pennsylvania Gazette. December 5, 1798.

18. Larry Gragg. Order vs. Liberty. American History.

19. The Pennsylvania Gazette. May 29, 1799.

20. The Pennsylvania Gazette. May 22, 1799.

21. James Morton Smith. President John Adams, Thomas Cooper, and Sedition: A Case Study in Suppression. The Mississippi Historical Review 42(3) (1955): 439.

22. James Morton Smith. President John Adams, Thomas Cooper, and Sedition: A Case Study in Suppression. The Mississippi Historical Review: 448.

23. James Morton Smith. President John Adams, Thomas Cooper, and Sedition: A Case Study in Suppression. The Mississippi Historical Review: 449.

24. James Morton Smith. President John Adams, Thomas Cooper, and Sedition: A Case Study in Suppression. The Mississippi Historical Review: 451.

25. James Morton Smith. President John Adams, Thomas Cooper, and Sedition: A Case Study in Suppression. The Mississippi Historical Review:461-463.

26. James Morton Smith. President John Adams, Thomas Cooper, and Sedition: A Case Study in Suppression. The Mississippi Historical Review:465.

27. Larry Gragg. Order vs. Liberty. American History.

28. Larry Gragg. Order vs. Liberty. American History.