By Dr. Richard M. Swier, LTC U.S. Army (Ret.)
It appears that President Trump and Vice President JD Vance are looking at laws passed during the 17th century by Presidents John Adams, Thomas Jefferson and others to fulfill their promises to the American people.
The first of these is the The Alien and Sedition Acts signed into law by President John Adams in 1798.
The Alien and Sedition Act reads:
SECTION 1. Be it enacted by the Senate and the 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 expres
ssed 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 per- son 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 mayor 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. 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.
SEC. 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.
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 re- main 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.
Jonathan Dayton, Speaker of the House of Representatives.
TH. Jefferson, Vice President of the United States and President of the Senate.
I Certify that this Act did originate in the Senate.
Attest, Sam. A. Otis, Secretary
APPROVED, June 25, 1798.
John Adams
President of the United States.
An Act Respecting Alien Enemies reads:
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever there shall be 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 where 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.
SEC. 2. And be it further enacted, That after any proclamation shall be made as aforesaid, it shall be the duty of the several courts of the United States, and of each state, having criminal jurisdiction, and of the several judges and justices of the courts of the United States, and they shall be, and are hereby respectively, authorized upon complaint, against any alien or alien enemies, as aforesaid, who shall be resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President of the United States shall and may establish in the premises, to cause such alien or aliens to be duly apprehended and convened before such court, judge or justice; and after a full examination and hearing on such complaint. and sufficient cause therefor appearing, shall and may order such alien or aliens to be removed out of the territory of the United States, or to give sureties of their good behaviour, or to be otherwise restrained, conformably to the proclamation or regulations which shall and may be established as aforesaid, and may imprison, or otherwise secure such alien or aliens, until the order which shall and may be made, as aforesaid, shall be performed.
SEC. 3. And be it further enacted, That it shall be the duty of the marshal of the district in which any alien enemy shall be apprehended, who by the President of the United States, or by order of any court, judge or justice, as aforesaid, shall be required to depart, and to be removed, as aforesaid, to provide therefor, and to execute such order, by himself or his deputy, or other discreet person or persons to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President of the United States, or of the court, judge or justice ordering the same, as the case may be.
APPROVED, July 6, 1798.
John Adams
President of the United States.
Vice President JD Vance is looking at restricting sending abortion drugs via the mail using The Comstock Act of 1873.
The Comstock Act of 1873 made it illegal to send “obscene, lewd or lascivious,” “immoral,” or “indecent” publications through the mail. The law also made it a misdemeanor for anyone to sell, give away, or possess an obscene book, pamphlet, picture, drawing, or advertisement.
The breadth of the legislation included writings or instruments pertaining to contraception and abortion, even if written by a physician. Although officially titled An Act for the Suppression of Trade In, and Circulation of, Obscene Literature and Articles of Immoral Use, the statute did not provide a definition of obscenity.
Congress adopted the Comstock Act in response to the proliferation of obscene materials in the 1870s. Anthony Comstock, head of the New York Society for the Suppression of Vice, had shown members of Congress illustrations that he considered obscene and urged legislators to pass the measure to prevent crime and corruption of children.
Anthony Comstock arrests individuals under the new obscenity law
After Congress passed the bill, it designated Comstock as a special agent in the United States Post Office charged with enforcing the law. With the help of his New York Society for the Suppression of Vice, Comstock was able to arrest individuals under the new act.
In the 1870s, Ezra Heywood, a feminist who studied women’s role in society, wrote Cupid’s Yokes, in which he asserted that women should have the right to control their own bodies. Comstock considered this obscene and arrested Heywood.
He also arrested De Robigne Mortimer Bennett, a libertarian, after he received a copy of Cupid’s Yokes from him through the mail. During Bennett’s federal trial, the judge denied the defense’s motion to show the jury the entire work, insisting that only the isolated passages charged as obscene were pertinent.
The judge applied the Hicklin test from the British decision in Regina v. Hicklin (1868): “I think the test is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to immoral influences, and into whose hands a publication of this sort may fall.” The federal courts followed this standard until 1933, when Judge John M. Woolsey focused on the literary value of the entire work of James Joyce’s Ulysses, rather than a few passages, in United States v. One Book Entitled Ulysses (S.D.N.Y. 1933).
Petitioners ask Congress to repeal the law but are refused
In 1878, the National Liberal League and the National Defense Association presented Congress with a petition signed by more than 50,000 people requesting repeal of the Comstock Act.
The petitioners argued that its anti-obscenity provisions had been “enforced to destroy the liberty of conscience in matters of religion, against the freedom of the press and to the great hurt of the learned professions.” The House Committee on the Revision of Laws denied the appeal because the post office had not been established
to mail obscene writings, indecent pictures, or lewd books.
Comstock Act ban on birth control information overturned
Comstock vigorously enforced the sections in the act that dealt with birth control. Numerous doctors suffered arrest and conviction for supplying written materials explaining pregnancy and how to prevent it. This concerned social reformers because it prevented women from controlling the size of their families, a particular hardship for those with small incomes.
Activist Margaret Sanger lobbied for overturning the act’s birth control provisions, which the courts did in United States v. One Package (2d Cir. 1936). This decision made it possible for doctors legally to mail birth control devices and information throughout the country.
This article was originally published in 2009. Brandon R. Burnette is an Associate Professor at Southeastern Oklahoma State University as the Government Documents/Reference Librarian. He is an author of a three-part series of articles entitled “Historic Indian Publications by the US Federal Government,” DTTP: Documents to the People (2015).
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