19. Defense of the Alien and Sedition Acts (1798) By SECRETARY TIMOTHY PICKERING Pickering was a Revolutionary officer, at this time secretary of state. Later quarreled with Adams, who removed him. THE addressers complain of the "odious Alien and Sedition Bills." I will therefore take the liberty to state the objects of those bills now be-, come laws; and this having been done already in an excellent address to the citizens of New Jersey, now before me, I shall content myself with making the following extracts with some small variations : The alien law has been bitterly inveighed against, as a direct attack upon our liberties, when in fact it affects only foreigners who are conspiring against us, and has no relation whatever to an American citizen. It gives authority to the First Magistrate of the Union 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 our territory. It is only necessary to ask whether, without such a power, vested in some department, any government ever did, or ever can, long protect itself. The objects of this act are strangers merely, persons not adopted and naturalized, a description of men who have no lot nor interest with us, and who even manifest a disposition the most hostile to this country, while it affords them an asylum and protection. It is absurd to say that, in providing by law for their removal, the Constitution is violated; for he must be ignorant indeed who does not know that the Constitution was established for the protection and security of American citizens, and not of intriguing foreigners. The Sedition Act has likewise been shamefully misrepresented as an attack upon the freedom of speech and of the press. But we find, on the contrary, that it prescribes a punishment only for those pests of society, and disturbers of order and tranquillity, "who write, print, utter, or publish any false, scandalous, and malicious writings against the government of the United States, or either house of the Congress of the United States, or the President, with intent to defame, or bring them into contempt or disrepute, or to excite against them the hatred of the good people of the United States; or to stir up sedition, or to abet the hostile designs of any foreign nation." What honest man can justly be alarmed at such a law, or can wish unlimited permission to be given for the publication of malicious falsehoods, and with intentions the most base? They who complain of legal provisions for punishing intentional defamation and lies, as bridling the liberty of speech and of the press, may, with equal propriety, complain against laws made for punishing assault and murder, as restraints upon the freedom of men's actions. Because we have the right to speak and publish our opinions, it does not necessarily follow that we may exercise it in uttering false and malicious slanders against our neighbor or our government, any more than we may under cover of freedom of action knock down the first man we meet, and exempt ourselves from punishment by pleading that we are free agents. We may indeed use our tongues, employ our pens, and carry our cudgels or our muskets whenever we please; but, at the same time, we must be accountable and punishable for making such "improper use of either as to injure others in their characters, their persons, or their property." "We would on this subject only add that so tender and regardful have Congress been in this instance of our rights as citizens, as to have expressly declared in the law that any person prosecuted under it may give in evidence, in his defence, the truth of the matter contained in the publication, and that the jury before whom the trial shall be shall have a right to determine the law and the fact under the direction of the court as in other cases. Hence, there can be no conviction, unless it appears, not only that the matter written, printed, or published, was false, but that it was scandalous and malicious, and done with wicked intent." Charles W. Upham, The Life of Timothy Pickering (Boston, 1873), III. 475-476. 20. Hail Columbia (1798) By JOSEPH HOPKINSON Famous song written by the son of Francis Hopkinson. HAIL COLUMBIA! happy land, Hail ye HEROES, heav'n born band, Who fought and bled in Freedom's cause, Immortal Patriots! rise once more, Invade the shrine where sacred lies, Rallying round our Liberty, Sound, sound, the trump of fame, Ring through the world with loud applause, Ring through the world with loud applause, Let every clime to Freedom dear, Listen with a joyful ear— With equal skill with godlike pow'r, Rallying round our Liberty, Behold the Chief who now commands, |