The Alien Enemies Act. Or, the Aliens Are Enemies Act.

            As the result of historical experience during the French and Indian Wars, Anglo-Americans regarded France as the enemy and Britain as their benevolent parent-country.  Then the British and their American colonists fell out.  War followed.  During the Revolutionary War, the self-proclaimed United States signed an alliance with the French monarchy.  France loaned money to the Americans and declared war on Britain.  France also sent military forces to America.  The Franco-American alliance remained in effect after the war.  Then the French Revolution broke out, France overthrew the monarchy and declared itself a Republic, and declared war (1792) on everyone except the Man in the Moon and the Americans. 

            Americans divided sharply on how to deal with France.  Many people (often Federalists) hated the French version of revolution.  Many other people (mostly Democratic-Republicans) sympathized, at the least, with the aims of the French revolutionaries.  The issue became a partisan matter.  Congress seized the opportunity to repudiate repayment of the French war loans because they were onerous (1793).  Congress then ratified the “Jay Treaty” which settled disputes between the United States and Britain (1794).  France responded by allowing French “privateers” to seize a lot of American merchant ships in the Atlantic and the Caribbean.  Trying to fend off a war, the Americans sent a delegation to negotiate with France (1797-1798).  This ended badly and a “Quasi-War” at sea broke out (1798-1801).[1] 

            President John Adams and the Federalist majorities in Congress passed a package of four “Alien and Sedition Laws” (1798).  Formally, Adams feared that the French would try to spread their revolutionary ideology to the United States.  Informally, the Federalists had come to see the Democratic-Republicans as inclined toward the same policies as the French.  So, stomp on them. 

            The “Alien Friends Act” allowed the President to deport anyone considered to be “dangerous to the peace and safety of the United States.”  The law sun-setted after two years, and the government didn’t make much of an effort to enforce it anyway. 

            The “Naturalization Act” extended the residence requirement before obtaining citizenship from 5 years to 14 years.  Lots of/most immigrants voted Democratic-Republicans once they got the right to vote.  The law was repealed in 1802. 

            The “Sedition Act” criminalized saying mean things about Federalists in government.  A whole bunch of Democratic-Republican writers for the media of the day were prosecuted.  (My personal favorite is Jame Callender.)  The law expired in 1801. 

            The “Alien Enemies Act” granted the President the authority to arrest, imprison, or deport any non-citizen during a time when the United States was at war with, either formally or informally, a foreign country from which that non-citizen originated.[2]  The informal part gave the president the right to act in something like the undeclared “Quasi-War” or if an attack occurred when Congress could not be consulted immediately.  The Act has never been repealed.  The Act has been used in the War of 1812, the First World War, and the Second World War. 

            So, can an old law be re-interpreted for new purposes?  If so, who can re-interpret it? 


[1] XYZ Affair – Wikipedia (sort of a “Town Mouse and Country Mouse” affair) and Quasi-War – Wikipedia 

[2] OK, that’s a long and clotted sentence.  The point is, the United States is not now at war with or suffering a “predatory incursion” ordered by a foreign country.  People free-lancing a “predatory incursion” isn’t covered by the language of the law.  Ipso fatso, President Trump doesn’t have a leg to stand on. 

My Weekly Reader 23 July 2019.

During and immediately following the American Revolution, the Articles of Confederation had provided a framework for governing the country.  That framework proved unsatisfactory.  The current Constitution replaced it.  While the authors of the Constitution were experienced and practical men, it remained a theoretical system.  Would it work any better than had the Articles of Confederation?  Would it be able to foster a strong sense of national identity as well as provide effective government?  Could it overcome the distrust of the many Anti-Federalist who had opposed its adoption?  Carol Berkin has argued that four crises in the 1790s worked in various ways to legitimize the new system.[1]

The Whiskey Rebellion (1791-1794).  The new federal government needed revenue, both to operate the government and to pay off the national debt.  Congress passed a tax on distilled spirits.  Farmers living on the then-Western frontier of Pennsylvania and Kentucky often distilled rye and corn into whiskey.  That whiskey could then be traded for goods to merchants who shipped the whiskey east for thirsty consumers.  Both the farmers and the distillers resisted the tax, often violently.  Talking to them didn’t work, so President Washington finally led an army of 13,000 eastern militiamen.  The army cowed the rebels and asserted federal authority (although it didn’t stop moonshining).

The Genet Affair (1793-1794).  The French monarchy had provided vital aid to the American Republic during the War for Independence.  In 1793, the French Republic wanted American aid in its war with Britain and Spain.  Many Americans took sides for or against the French Revolution.  Ambassador Edmond Genet arrived in search of aid.  Before presenting his credentials to the American government and in defiance of a recent Neutrality Proclamation, he commissioned privateers to raid enemy shipping and recruited volunteers for an invasion of Spanish Florida.  Talking to Genet didn’t work.  Washington, supported by both Hamilton and Jefferson, demanded France recall its ambassador.  Which they did, planning to guillotine him.

The XYZ Affair (1797-1798).  Recalling Genet did nothing to solve the growing Franco-American conflict.  President John Adams sent off a delegation to negotiate with the French.  Upon arrival, various French diplomats demanded bribes before negotiations could begin.  Most of the Americans went home in a huff.  The Adams administration then published the reports of the delegation, with the names of French diplomats replaced by the letters X, Y, and Z.  Many Americans became yet more hostile to France and the Adams Administration pushed through more military spending.  A naval “Quasi War” with France began.  However, Thomas Jefferson’s Democratic-Republicans continued to favor the French Revolution and equated the Federalists with the old order.

The Alien and Sedition Acts (1798-1800).  The very divisive responses to the French Revolution and to relations with France embittered political debate.  The Adams Administration pushed through four Alien and Sedition Acts.  These extended the time to earn citizenship from 5 years to 14 years, allowed the government expel “dangerous” non-citizens, and allowed prosecution of those who made false statements that were critical of the government.  Under the guise of national security, the Federalists used the new laws in overtly political ways by prosecuting Democratic-Republican journalists, and by what amounted to future voter suppression.  (Many immigrants supported Jefferson’s party.)  Democrats attacked the Sedition law by invoking the First Amendment.  The reaction against the Alien and Sedition Acts helped spark the election of Jefferson as President in 1800.

[1] Carol Berkin, A Sovereign People: The Crises of the 1790s and the Birth of American Nationalism (2017).