Obrazy na stronie
PDF
ePub

by the Republican party. In the ensuing autumn, or rather winter, Mr. Jefferson was elected President, and the Alien and Sedition Laws having expired by their own limitation, no thought was entertained of renewing them, and their policy was abandoned, probably for ever.

This pamphlet, as remarked in the beginning, contains, besides the “ Report,” certain other publications calculated to illustrate it. The whole is arranged in the following order, viz. :

I. The Alien and Sedition Acts, 17 to 21.
II. Resolutions of Virginia of 21st December, 1798, with the debate

thereon, 22 to 161. III. Resolutions of Kentucky of 10th November, 1798, 162 to 167. IV. Counter-resolutions of several states in response to those of Vir

ginia, 168 to 177. V. Report of 1799, preceded by an analysis thereof, 178 10 237. VI. Instructions to Virginia senators of January, 1800, and votes

thereon, 238 to 248. VII. Appendix : containing

1. A letter from Mr. Madison to Mr. Everett, touching the con

struction of the first resolution of 1798, 249 to 256. 2. A letter from the same to Mr. Ingersoll, relative to the Bank

question, 257. 3. A letter from the same to the same, on the same subject, 258

to 260.

In conclusion, it is proper to observe that this edition is intended especially for the use of students, and that the learned reader must expect to find in the notes, and in the analysis prefixed to the report, much with which he could dispense.

THE VIRGINIA REPORT,

ETC. ETC.

I. THE ALIEN AND SEDITION ACTS.

AN ACT CONCERNING ALIENS,

(Approved June 25, 1798.]

ABSTRACT.

SECTION I. Confers power on the President to order aliens to depart. 1. What aliens.

Such as the President shall judge dangerous to the peace and

safety of the United States, or shall have reasonable grounds to suspect of treasonable or secret machinations against the govern

ment. 2. How proceeded against.

By the President's order to depart, served by the marshal or other

person. But the President may grant a license to remain on proof by the alien, that he is not dangerous; and may require

bond and security of such person. 3. Consequences of disobedience.

Imprisonment, on conviction, not exceeding three years, and per

petual disability to become a citizen. Section II. Consers on the President power to remove aliens. 1. What aliens.

Such as are above described, who are

1.- In prison, in pursuance of this Act.

2. Dangerous, and proper to be speedily removed. 2. Consequences of returning without President's permission.

Imprisonment, on conviction, as long as the President thinks the

public safety requires it. Section III. Requires masters of ships to report to officers of customs, all aliens on board.

SECTION IV. Gives the District and Circuit Courts of the United States

cognizance of all offences against this Act; and requires marshals, and other officers of the United States to exe

cute the President's orders under it. SECTION V. Allows alien to remove his effects., SECTION VI. Continues act in force for two years.

Section 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall be lawful for the President of the United States, at any time during the continuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States within such time as shall be expressed in such order; which order shall be served on such alien, by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the office of the Secretary of State, by the marshal, or other person, to whom the same shall be directed. And in case any alien, so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained a license from the President to reside therein, or having obtained such license, shall not have conformed thereto, every such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States : Provided always, and be it further enacted, That if any alien so ordered to depart shall prove, to the satisfaction of the President, by evidence, to be taken before such person or persons as the President shall direct, who are for that purpose hereby authorized to administer oaths, that no injury or danger to the United States will arise from suffering such alien to reside therein, the President may grant a license to such alien to remain within the United States for such time as he shall judge proper, and at such place as he may designate. And the President

may

also require of such alien to enter into a bona to the United States, in such penal sum as he may direct, with one or more sufficient sureties, to the satisfaction of the person authorized by the President to take the same, conditioned for the good behaviour of such alien during his residence in the United States, and not violating his license, which license the President may revoke whenever he shall think proper.

Sect. 2. And be it further enacted, That it shall be lawful for the President of the United States, whenever he may deem it necessary for the public safety, to order to be removed out of the territory thereof any alien who may or shall be in prison in pursuance of this act; and to cause to be arrested and sent out of the United States such of those aliens as shall have been ordered to depart therefrom, and shall not have obtained a license as aforesaid, in all cases where, in the opinion of the President, the public safety requires a speedy removal. And if any alien so removed or sent out of the United States by the President shall voluntarily return thereto, unless by permission of the President of the United States, such alien, on conviction thereof, shall be imprisoned so long as, in the opinion of the President, the public safety may require.

[ocr errors]

Sect. 3. And be it further enacted, That every master or commander of any ship or vessel which shall come into any port of the United States after the first day of July next shall, immediately on his arrival, make report in writing to the collector or other chief officer of the customs of such port, of all aliens, if any on board his vessel, specifying their names, age, the place of nativity, the country from which they shall have come, the nation to which they belong and owe allegiance, their occupation, and a description of their persons, as far as he shall be informed thereof, and on failure, every such master and commander shall forfeit and pay

three hundred dollars, for the payment whereof, on default of such master or commander, such vessel shall also be holden, and may by such collector or other officer of the customs be detained. And it shall be the duty of such collector or other officer of the customs, forthwith to transmit to the office of the Department of State true copies of all such returns.

Sect. 4. And be it further enacted, That the Circuit and District Courts of the United States shall respectively have cognizance of all crimes and offences against this act. And all marshals and other officers of the United States are required to execute all precepts and orders of the President of the United States, issued in pursuance or by virtue of this act.

Sect. 5. And be it further enacted, That it shall be lawful for any alien who may be ordered to be removed from the United States, by vir. tue of this act, to take with him such part of his goods, chattels, or other property, as he may find convenient; and all property left in the United States, by any alien who may be removed' as aforesaid, shall be and remain subject to his order and disposal, in the same manner as if this act had not been passed.

Sect. 6. And be it further enacted, That this act shall continue and be in force for and during the term of two years from the passing thereof.

SEDITION ACT.

An act in addition to the act intituled, “ An act for the punishment of

certain crimes against the United States.

(Approved July 14, 1798.]

ABSTRACT.

SECTION I. Punishes combinations against United States government. 1. Definition of offence:

Unlawfully to combine or conspire together to oppose any mea

sure of the government of the United States, &c. This section was not complained of.

2. Grade of offence :

A high misdemeanour. 3. Punishment:

Fine not exceeding $5000, and imprisonment six months to five

years. SECTION II. Punishes seditious writings. 1. Definition of offence :

To write, print, utter or publish, or cause it to be done, or assist

in it, any false, scandalous, and malicious writing against the government of the United States, or either House of Congress, or the President, with intent to defame, or bring either into contempt or disrepute, or to excite against either the hatred of the people of the United States, or to stir up sedition, or to excite unlawful combinations against the government, or to resist it, or

to aid or encourage hostile designs of foreign nations. 2. Grade of offence :

A misdemeanour. 3. Punishment:

Fine not exceeding $2000, and imprisonment not exceeding two

years. Section III. Allows accused to give in evidence the truth of the matter

charged as libellous. SECTION IV. Continues the Act to 3d March, 1801.

Section 1. 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 in or under the government of the United States, from undertaking, performing, or executing his trust or duty: and if any person or persons, with intent as aforesaid, shall counsel, advise, or at. tempt 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 misdemeanour, and on conviction before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term of not less than six months, nor exceeding five years; and further, at the discre. tion 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.

Sect. 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 and willingly assist or aid in writing, printing, uttering, or publishing any false, scandalous and mali. cious 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

[ocr errors]
« PoprzedniaDalej »