Alien & Sedition actsAlien & Sedition acts

The controversial foreign policy of the Federalists prompted The controversial foreign policy of the Federalists prompted domestic protest and governmental repression.domestic protest and governmental repression.

President John Adams

Presentation created by Robert MartinezPrimary Source Content: America’s HistoryImages as cited.

As the U.S. fought an undeclared As the U.S. fought an undeclared maritime war against France, maritime war against France,

immigrants from Ireland attacked immigrants from Ireland attacked Adams’s pro-British foreign policy.Adams’s pro-British foreign policy.

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To silence the critics, the Federalists To silence the critics, the Federalists controlled Congress enacted three controlled Congress enacted three

coercive lawscoercive laws that threatened that threatened individual rights and the fledgling individual rights and the fledgling

party system.party system.

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The The Naturalization ActNaturalization Act lengthened lengthened the residency requirement for the residency requirement for

American citizenship – and so the American citizenship – and so the right to vote – from five to fourteen right to vote – from five to fourteen

years.years.

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The The Alien ActAlien Act authorized the authorized the deportation of foreigners.deportation of foreigners.

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The The Sedition ActSedition Act prohibited the prohibited the publication of insults or malicious publication of insults or malicious

attacks on the president or members attacks on the president or members of Congress.of Congress.

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““He that is not for us is against He that is not for us is against us,”us,” read the Federalist read the Federalist Gazette Gazette

of the United Statesof the United States..

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It was the It was the Sedition ActSedition Act that generated the that generated the most controversy. Prosecutors arrested most controversy. Prosecutors arrested more than twenty Republican newspaper more than twenty Republican newspaper editors and politicians, accused them of editors and politicians, accused them of

sedition, and convicted and jailed a sedition, and convicted and jailed a

number of them.number of them.

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Political cartoon of Congressman Lyon (holding tongs), and later arrested under the Sedition Acts,brawling with Congressman Roger Griswold.

What developed was a constitutional What developed was a constitutional crisis. With justification, Republicans crisis. With justification, Republicans

charged that the Sedition Act violated the charged that the Sedition Act violated the First Amendment’s prohibition against First Amendment’s prohibition against “abridging the freedom of speech, or of “abridging the freedom of speech, or of

the press.”the press.”

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Republicans did not appeal to the Republicans did not appeal to the Supreme Court because the Court’s Supreme Court because the Court’s

power to review congressional power to review congressional legislation was uncertain and legislation was uncertain and

because most of the justices were because most of the justices were Federalists.Federalists.

etc.usf.edu

Instead, Madison and Jefferson looked to Instead, Madison and Jefferson looked to state legislatures for a solution. At their state legislatures for a solution. At their

urging, the urging, the Kentucky Kentucky and and VirginiaVirginia legislatures issued legislatures issued resolutionsresolutions in 1798 in 1798

declaring the Alien and Seditions Acts to declaring the Alien and Seditions Acts to be be “unauthoritative, void, and of no “unauthoritative, void, and of no

force.”force.”

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The resolution set forth a The resolution set forth a states’ states’ rightsrights interpretation of the interpretation of the

Constitution, asserting that the Constitution, asserting that the states had a states had a “right to judge”“right to judge” the the

legitimacy of national laws.legitimacy of national laws.

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The debate over the Sedition Act The debate over the Sedition Act set the stage for the presidential set the stage for the presidential

election of 1800.election of 1800.

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With Republicans strongly With Republicans strongly supporting Jefferson’s bid for supporting Jefferson’s bid for

the presidency, President Adams the presidency, President Adams reevaluated his foreign policy.reevaluated his foreign policy.

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Rejecting Hamilton’s advice to Rejecting Hamilton’s advice to declare war against France, declare war against France,

President Adams put country ahead President Adams put country ahead of party and entered into diplomatic of party and entered into diplomatic

negotiations that ended the fighting.negotiations that ended the fighting.

Alexander Hamilton

Despite Adams’s statesmanship, the Despite Adams’s statesmanship, the campaign of 1800 degenerated into campaign of 1800 degenerated into

name-calling. The Federalists name-calling. The Federalists attacked Jefferson’s values, attacked Jefferson’s values,

branding him an branding him an “irresponsible pro-“irresponsible pro-French radical....”French radical....”

Thomas Jefferson

……. and because he opposed . and because he opposed state support of religion in state support of religion in

Virginia,Virginia, “the arch-apostle of “the arch-apostle of irreligion and free thought.”irreligion and free thought.”

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Thanks to a low Federalist turnout in Thanks to a low Federalist turnout in Virginia and Pennsylvania and the three-Virginia and Pennsylvania and the three-fifths rule (which boosted electoral votes fifths rule (which boosted electoral votes

in the southern state), Jefferson won a in the southern state), Jefferson won a narrow 73 to 65 victory over Adams in narrow 73 to 65 victory over Adams in

the the Electoral CollegeElectoral College..

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However, the Republican electors However, the Republican electors also gave 73 votes to also gave 73 votes to Aaron BurrAaron Burr of of New York, who was Jefferson’s vice New York, who was Jefferson’s vice

presidential running mate.presidential running mate.

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The Constitution specified that in the The Constitution specified that in the case of a tie vote, the House of case of a tie vote, the House of

Representatives would choose the Representatives would choose the president.president.

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For thirty-five ballots, Federalists in For thirty-five ballots, Federalists in the House blocked Jefferson’s the House blocked Jefferson’s

election, prompting a new rumor that election, prompting a new rumor that Virginia was raising a military force Virginia was raising a military force

to put Jefferson in office.to put Jefferson in office.

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Ironically, it was arch-Federalist Ironically, it was arch-Federalist Alexander HamiltonAlexander Hamilton who ushered who ushered

in a more democratic era by in a more democratic era by supporting Jefferson.supporting Jefferson.

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Calling Burr an Calling Burr an “embryo Caesar”“embryo Caesar” and and the the “most unfit man in the United “most unfit man in the United

States for the office of president,”States for the office of president,” he he persuaded key Federalists to allow persuaded key Federalists to allow

Jefferson’s election.Jefferson’s election.

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Jefferson called the election the Jefferson called the election the “Revolution of 1800.”“Revolution of 1800.” The bloodless The bloodless transfer of power demonstrated that transfer of power demonstrated that

governments elected by the people could governments elected by the people could be changed in an orderly way, even n be changed in an orderly way, even n

times of bitter partisan conflict.times of bitter partisan conflict.

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In his inaugural address in 1801, In his inaugural address in 1801, Jefferson praised this achievement, Jefferson praised this achievement, declaring, declaring, “We are all Republicans, “We are all Republicans,

we are all Federalists.”we are all Federalists.”

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Defying the predictions of European Defying the predictions of European conservatives, the republican conservatives, the republican

experiment of 1776 had survived a experiment of 1776 had survived a quarter-century of economic and quarter-century of economic and

political turmoil.political turmoil.

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