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Editorial
July 30, 1798
The Gazette
Portland, Cumberland County, Maine
What is this article about?
Editorial endorsing the Sedition Act of 1798 as essential to restrain Jacobins and seditious elements threatening U.S. government stability, praising its mildness compared to Revolutionary War measures; includes full act text punishing conspiracies and libelous writings against government.
OCR Quality
95%
Excellent
Full Text
Trap for Jacobins!
The reader is here presented with the much-talked-about Law against Sedition. Let it be attentively perused, and then say if it in the least infringes the words or actions of the good citizen. Who are the persons it is intended to restrain? The calumniators of our laws and country—the peevish malcontents—the turbulent demagogue—in short, the rebellious jacobins! The abominable and unheard-of calumnies of these wretches have alone rendered it indispensably necessary. There must be some barrier to that licentious and disorganizing spirit instigated by the French to perplex and destroy our constituted authorities. The present crisis is too important, to the preservation of order and good society in the world, to suffer the discontented and wicked, to enfeeble and oppose the arm of government. Reader, does a single doubt yet remain of the intentions of your enemies? Do you not see that all their conquests have been achieved by destroying the vigor of the governments they opposed? And has not this been effected by a delay in those governments to check the overbearing spirit of sedition? Can then any friend of his country—any one who wishes for the safety of the community, hesitate to give his aid to this law? At this time it is incumbent on all good citizens to expose every expression that tends to vilify the government chosen by the American people—How widely different is the tenor of this law, from the measures pursued at the commencement of the war with Britain: Then, the disaffected were treated with the utmost rigor. Committees exercised the most extensive authority over their lives and property. Reflect on these things, and wonder at the mildness, the forbearance, and liberality of the American government.
An act in addition to the act entitled "an act for the punishment of certain crimes against the United States."
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any persons shall unlawfully combine or conspire together with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office under the government of the United States, from undertaking, performing or executing his trust or duty; and if any person or persons, as aforesaid, shall counsel, advise or attempt to procure any insurrection, riot, unlawful assembly or combination, whether such conspiracy, threatening, counsel, advice or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanor, and on conviction before any court of the United States having jurisdiction thereof, shall be punished by fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months, nor exceeding five years; and further, at the discretion of the court, may be holden to find sureties for his good behaviour, in such sum and for such time, as the said court may direct.
Sec. 2. And be it further enacted, That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly & willingly assist or aid in writing, printing, uttering, or publishing any false, scandalous and malicious writing or writings against the government of the United States or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either House of the said Congress, or the said President, or to bring them or either of them into contempt or disrepute--or to excite against them or any of them the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.
Sec. 3. And be it further enacted, That if any person shall be prosecuted under this act, for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.
Sec. 4. And be it further enacted, That this act shall continue and be in force until the third day of March, one thousand eight hundred and one, and no longer: Provided, that the expiration of the act shall not prevent or defeat a prosecution and punishment of any offence against the law, during the time it shall be in force.
The reader is here presented with the much-talked-about Law against Sedition. Let it be attentively perused, and then say if it in the least infringes the words or actions of the good citizen. Who are the persons it is intended to restrain? The calumniators of our laws and country—the peevish malcontents—the turbulent demagogue—in short, the rebellious jacobins! The abominable and unheard-of calumnies of these wretches have alone rendered it indispensably necessary. There must be some barrier to that licentious and disorganizing spirit instigated by the French to perplex and destroy our constituted authorities. The present crisis is too important, to the preservation of order and good society in the world, to suffer the discontented and wicked, to enfeeble and oppose the arm of government. Reader, does a single doubt yet remain of the intentions of your enemies? Do you not see that all their conquests have been achieved by destroying the vigor of the governments they opposed? And has not this been effected by a delay in those governments to check the overbearing spirit of sedition? Can then any friend of his country—any one who wishes for the safety of the community, hesitate to give his aid to this law? At this time it is incumbent on all good citizens to expose every expression that tends to vilify the government chosen by the American people—How widely different is the tenor of this law, from the measures pursued at the commencement of the war with Britain: Then, the disaffected were treated with the utmost rigor. Committees exercised the most extensive authority over their lives and property. Reflect on these things, and wonder at the mildness, the forbearance, and liberality of the American government.
An act in addition to the act entitled "an act for the punishment of certain crimes against the United States."
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any persons shall unlawfully combine or conspire together with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office under the government of the United States, from undertaking, performing or executing his trust or duty; and if any person or persons, as aforesaid, shall counsel, advise or attempt to procure any insurrection, riot, unlawful assembly or combination, whether such conspiracy, threatening, counsel, advice or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanor, and on conviction before any court of the United States having jurisdiction thereof, shall be punished by fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months, nor exceeding five years; and further, at the discretion of the court, may be holden to find sureties for his good behaviour, in such sum and for such time, as the said court may direct.
Sec. 2. And be it further enacted, That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly & willingly assist or aid in writing, printing, uttering, or publishing any false, scandalous and malicious writing or writings against the government of the United States or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either House of the said Congress, or the said President, or to bring them or either of them into contempt or disrepute--or to excite against them or any of them the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.
Sec. 3. And be it further enacted, That if any person shall be prosecuted under this act, for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.
Sec. 4. And be it further enacted, That this act shall continue and be in force until the third day of March, one thousand eight hundred and one, and no longer: Provided, that the expiration of the act shall not prevent or defeat a prosecution and punishment of any offence against the law, during the time it shall be in force.
What sub-type of article is it?
Partisan Politics
Constitutional
Press Freedom
What keywords are associated?
Sedition Act
Jacobins
American Government
Seditious Libel
Partisan Politics
French Influence
What entities or persons were involved?
Jacobins
French
American Government
Congress
President Of The United States
Editorial Details
Primary Topic
Endorsement Of The Sedition Act Against Jacobins
Stance / Tone
Strongly Pro Government, Anti Sedition, Supportive Of Restrictive Law
Key Figures
Jacobins
French
American Government
Congress
President Of The United States
Key Arguments
Law Targets Calumniators, Malcontents, And Rebellious Jacobins
Necessary Barrier Against Licentious Spirit Instigated By French
Preserves Order And Government Vigor Against Seditious Enemies
Milder Than Revolutionary War Measures Against Disaffected
Citizens Should Expose Vilifying Expressions
Truth Defense Allowed In Libel Trials