Making of America

On this day in 1798, one of the most egregious breaches of the U.S. Constitution in history becomes federal law when Congress passes the Sedition Act, endangering liberty in the fragile new nation. While the United States engaged in naval hostilities with Revolutionary France, known as the Quasi-War, Alexander Hamilton and congressional Federalists took advantage of the public’s wartime fears and drafted and passed the Alien and Sedition Acts, without first consulting President John Adams.

The first three acts took aim at the rights of immigrants. The period of residency required before immigrants could apply for citizenship was extended from five to 14 years, and the president gained the power to detain and deport those he deemed enemies. President Adams never took advantage of his newfound ability to deny rights to immigrants. However, the fourth act, the Sedition Act, was put into practice and became a black mark on the nation’s reputation. In direct violation of the Constitution’s guarantee of freedom of speech, the Sedition Act permitted the prosecution of individuals who voiced or printed what the government deemed to be malicious remarks about the president or government of the United States. Fourteen Republicans, mainly journalists, were prosecuted, and some imprisoned, under the act. In opposition to the Alien and Sedition Acts, Thomas Jefferson and James Madison drafted the Virginia and Kentucky Resolves, declaring the acts to be a violation of the First and Tenth Amendments. President Adams, appalled at where Hamilton and the congressional Federalists were leading the country under the guise of wartime crisis, tried to end the undeclared war with France to undercut their efforts. He threatened to resign from the presidency and leave the Federalists with Republican Vice President Thomas Jefferson if they did not heed his call for peace. Adams succeeded in quashing Hamilton and the Federalists’ schemes, but ended any hope of his own re-election in the process.