amendments, June 8, by a vote of 16 to 7. The bill was taken up in the House June 18, and passed with amendments on the 21st, by a vote of 46 to 40. On the 22d the Senate concurred in the House amendments; on the 25th the act was approved.

REFERENCES.

Text in U. S. Stat. at Large, I., 570–572.

An Act concerning Aliens.

SECTION 1. Be it enacted

...

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 bond 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 behavior 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.

SEC. 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. SEC. 3. [Masters of vessels to report aliens brought in, &c.].

SEC. 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 virtue 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.

SEC. 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.1

No. 60. Alien Enemies Act

July 6, 1798

A "bill respecting alien enemies" was introduced in the House May 18, 1798, considered in Committee of the Whole House on the 22d, and the next day, by a vote of 46 to 44, recommitted. The committee reported an amended bill June 8; on the same day the "act concerning aliens" was received from the Senate, and both bills were made the order of the day for June 11. The alien enemies bill was not reached until the 25th; the next day it passed the House. On the 27th the Senate referred the bill to the committee having also

1 The act was not renewed. - ED.

in charge the sedition bill; this committee reported an amended bill July 2, which passed the Senate on the 3d. On the same day the House agreed to the Senate amendments, and on the 6th the act was approved.

REFERENCES. Text in U. S. Stat. at Large, I., 577, 578. Compare Revised Statutes (ed. 1878), secs. 4067-4070. The text of the bill introduced May 18 is in the Annals, 5th Cong., under date of May 22.

An Act respecting Alien Enemies.

That whenever there shall be

SECTION 1. Be it enacted. a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the. President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. And the President of the United States shall be, and he is hereby authorized, in any event, as aforesaid, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, towards the aliens who shall become liable, as aforesaid; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those, who, not being permitted to reside within the United States, shall refuse or neglect to depart therefrom; and to establish any other regulations which shall be found necessary in the premises and for the public safety: Provided, that aliens resident within the United States, who shall become liable as enemies, in the manner aforesaid, and who shall not be chargeable with actual hostility, or other crime against the public safety, shall be allowed, for the recovery, disposal, and removal of their goods and effects, and for their departure, the full time which is, or shall be stipulated by any treaty, where any shall have been between the United States, and the hostile nation or government, of which they shall be natives, citizens, denizens or subjects: and when no such treaty shall have existed, the President of the United States may ascertain and declare such reasonable time as may be consistent with the

public safety, and according to the dictates of humanity and national hospitality.

[Sections 2 and 3 relate to the duties of courts and marshals in connection with this act.]

No. 61. Sedition Act

July 14, 1798

JUNE 23, 1798, Senator Lloyd of Maryland gave notice of his intention to ask for leave to bring in a bill "to define more particularly the crime of treason, and to define and punish the crime of sedition." When the matter came up on the 26th, a motion was made to refer the request to a committee; the motion was lost, the vote being 4 to 17, and by a vote of 14 to 8 leave was given to introduce the bill. The next day the bill, by a vote of 15 to 6, was referred to a committee. Amendments to the bill were reported by the committee July 2, agreed to on the 3d, and the bill, by a vote of 18 to 5, ordered to a third reading. On the 4th the bill passed, the vote being 18 to 6. In the House the following day a motion to reject the bill was defeated, 36 to 47. July 6 an attempt to refer the bill to a select committee also failed, and a set of resolutions for the punishment of seditious writers, submitted by Harper of South Carolina, was referred to the Committee of the Whole House. The sedition bill was considered July 9; all except the first section of the Senate bill was stricken out and new sections inserted; on the 10th the amended bill, by vote of 44 to 41, passed the House. On the 12th the Senate concurred in the House amendments; on the 14th the act was approved.

REFERENCES. Text in U. S. Stat. at Large, I., 596, 597. An abstract of the Senate bill is in the Annals, 5th Cong., II., 2093. Harper's resolutions are in the House Journal, also in the Annals. For prosecutions under the sedition act, see Wharton's State Trials, 333, 659, 684, 688.

An Act in addition to the act, entitled "An Act for the punishment of certain crimes against the United States."

SECTION 1. Be it enacted 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 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 a 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 and 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 either 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 and declared, 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.