Criminal Dissent
-
Wendell Bird
About this book
In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent.
The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition.
The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the federal government. In this definitive account, Wendell Bird goes back to the original federal court records and the papers of Secretary of State Timothy Pickering and finds that the administration’s zeal was far greater than historians have recognized. Indeed, there were twice as many prosecutions and planned deportations as previously believed. The government went after local politicians, raisers of liberty poles, and even tavern drunks but most often targeted Republican newspaper editors, including Benjamin Franklin’s grandson. Those found guilty were sent to prison or fined and sometimes forced to sell their property to survive. The Federalists’ support of laws to prosecute political opponents and opposition newspapers ultimately contributed to the collapse of the party and left a large stain on their record.
The Alien and Sedition Acts launched a foundational debate on press freedom, freedom of speech, and the legitimacy of opposition politics. The result was widespread revulsion over the government’s attempt to deprive Americans of their hard-won liberties. Criminal Dissent is a potent reminder of just how fundamental those rights are to a stable democracy.
Reviews
-- Jack N. Rakove American Historical Review
-- G. Edward White Journal of Law
-- Brenda Wineapple New York Review of Books
-- Peter Charles Hoffer, author of Uncivil Warriors: The Lawyers’ Civil War
-- R. B. Bernstein, author of The Education of John Adams
-- Sara Mayeux Journal of the Early Republic
-- David Anderson, author of Mass Media Law
-- Marc Lendler The Historian
-- Matthew L. Schafer First Amendment News
-- Gerald F. Uelmen Western Legal History
-- Jacob Sullum Reason
-- Matthew Crow, author of Thomas Jefferson, Legal History, and the Art of Recollection
-- Kevin R. C. Gutzman, author of James Madison and the Making of America
-- Thomas C. Mackey New England Quarterly
-- Eli J. Richardson Law360
-- Alice Henton Early American Literature
-- Daniel Kanstroom Journal of Interdisciplinary History
Topics
-
Download PDFPublicly Available
Frontmatter
i -
Download PDFPublicly Available
Contents
vii -
Requires Authentication UnlicensedLicensed
Introduction
1 -
Requires Authentication UnlicensedLicensed
1. Federalist and Republican Views of Government
10 -
Requires Authentication UnlicensedLicensed
2. Passing Laws against Internal Enemies
31 - The Sedition Act First Campaign: The “Suppression of the Whig Presses”
-
Requires Authentication UnlicensedLicensed
3. Common Law Sedition Prosecutions
53 -
Requires Authentication UnlicensedLicensed
4. Targeting Opposition Members of Congress
84 -
Requires Authentication UnlicensedLicensed
5. Keeping the North Safe from Sedition
110 -
Requires Authentication UnlicensedLicensed
6. Failed Prosecutions
134 -
Requires Authentication UnlicensedLicensed
7. The Virginia and Kentucky Resolutions
154 - The Sedition Act Second Campaign: The Rebellion the Army Could Not Find
-
Requires Authentication UnlicensedLicensed
8. The Fries Rebellion and Sedition
183 -
Requires Authentication UnlicensedLicensed
9. The Army and the Sedition Act
204 - The Sedition Act Third Campaign: “The Reign of Witches” and the Election of 1800
-
Requires Authentication UnlicensedLicensed
10. A New Round of Enforcement
223 -
Requires Authentication UnlicensedLicensed
11. New York Prosecutions
248 -
Requires Authentication UnlicensedLicensed
12. New England Prosecutions
268 -
Requires Authentication UnlicensedLicensed
13. Prowling the Circuit Stalking Sedition
290 - The Alien Act: “Worthy of the 8th. or 9th. Century”
-
Requires Authentication UnlicensedLicensed
14. French Intriguers and Hordes of Wild Irishmen
321 -
Requires Authentication UnlicensedLicensed
15. At the Mercy of One Man
337 -
Requires Authentication UnlicensedLicensed
Epilogue
359 -
Requires Authentication UnlicensedLicensed
Appendix: Alien and Sedition Act Prosecutions
373 -
Requires Authentication UnlicensedLicensed
Abbreviations
389 -
Requires Authentication UnlicensedLicensed
Notes
393 -
Requires Authentication UnlicensedLicensed
Acknowledgments
525 -
Requires Authentication UnlicensedLicensed
Index
527