Reinstating a law from an era when slavery was legal should concern everyone. Some people have said this is their time to rest, but being passive now risks losing rights and freedoms. What am I referring to? Let me explain.

In 1798, the United States experienced intense domestic and international tensions. Relations with France deteriorated sharply due to the XYZ Affair, leading to the Quasi-War—an undeclared naval conflict primarily fought in the Caribbean.

Domestically, the Alien and Sedition Acts were enacted, significantly expanding presidential power to deport non-citizens and criminalizing criticism against the government. These laws were largely viewed as attempts by the Federalist Party to silence their political rivals, the Democratic-Republicans. At the same time, the Eleventh Amendment was ratified, restricting federal courts’ jurisdiction over states. Additionally, the federal government took a step toward greater involvement in public health by establishing the Marine Hospital Service, the precursor to today’s Public Health Service. These events collectively signaled growing federal authority amidst political tensions and international instability.

Sound familiar? Then you’re starting to see the connections.

A brief history refresher on the XYZ Affair:

  • In 1797, President John Adams sent diplomats Charles Cotesworth Pinckney, John Marshall, and Elbridge Gerry to France to negotiate and ease tensions over naval conflicts and trade disputes.
  • French agents (referred to as “X, Y, and Z” in American documents) demanded bribes and loans before negotiations could begin with French Foreign Minister Charles Maurice de Talleyrand.
  • The American diplomats rejected these demands and returned home, sparking public outrage in the U.S.

Consequences of the XYZ Affair:

  • Public anger led to strong anti-French sentiment, captured by the phrase: “Millions for defense, but not one cent for tribute!”
  • Triggered the Quasi-War between the U.S. and France.
  • Strengthened the Federalist Party politically, enabling the enactment of controversial laws like the Alien and Sedition Acts under the guise of national security.
  • Marked a turning point in American foreign policy, reflecting increased nationalism and international assertiveness.

Significant laws passed in 1798 included:

Alien and Sedition Acts (four separate laws):

  • Naturalization Act: Extended residency requirements for citizenship from 5 to 14 years.
  • Alien Friends Act: Authorized the president to deport non-citizens considered dangerous.
  • Alien Enemies Act: Allowed detention and deportation of non-citizens from enemy countries during wartime.
  • Sedition Act: Made it illegal to criticize the federal government publicly.

An Act for the Relief of Sick and Disabled Seamen:

  • Established a federally managed marine hospital service, funded by taxes on sailors’ wages.

Eleventh Amendment:

  • Limited individuals’ ability to sue states in federal courts.

The Relief of Sick and Disabled Seamen Act, while neutral in its language, primarily benefited white male sailors due to widespread racial discrimination and segregation. In practice, this law excluded or severely limited access for Black, Indigenous, and other non-white sailors due to systemic racism.

Examining the Alien Friends Act, Alien Enemies Act, and Sedition Act:

Alien Friends Act:

  • Gave broad deportation powers to the president without judicial review, raising risks of abuse.

Alien Enemies Act:

  • Allowed government actions against citizens from enemy nations during wartime, prompting concerns about due process and civil liberties.

Sedition Act:

  • Severely restricted free speech and press freedoms, primarily targeting political opponents of the Federalist government.

Lessons from history to guide current policy decisions:

  1. Protect Civil Liberties: National security should never override fundamental rights.
  2. Maintain Checks and Balances: Avoid unchecked expansions of executive power.
  3. Avoid Fear-Based Laws: Legislation born from fear or anger undermines democracy.
  4. Promote Government Transparency: Transparency builds trust and accountability.
  5. Resist Politically Motivated Legislation: Policies targeting opponents damage democratic integrity.
  6. Prioritize Diplomacy: Diplomatic efforts can prevent unnecessary conflicts.
  7. Ensure Judicial Independence: Independent courts prevent unconstitutional government actions.

Reflecting on these lessons is crucial, yet history often repeats itself when we fail to pay attention.

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