1. The Alien and Sedition Acts
The Federalist Era
President John Adams
The XYZ Affair,
The Alien and Sedition Acts
&
Marbury v. Madison

2. The Election of 1796
The Federalist Party first looked to Hamilton for president but he was considered too controversial to run.
They turned to John Adams.
Foreign Affairs quickly consume the Adams’ Admin. Both France and Britain demand U.S. join their side against the other.

3. The XYZ Affair … background
The French are angered by Jay’s Treaty and begin attacking American ships. This is known as the “Quasi War.”
Adams sent 3 agents to enter in a treaty with the French as well.

4. The XYZ Affair … facts
French agents demand a $250,000 bribe before they talk to the American agents.
Adams embarrasses the Republicans by announcing to the nation how the French behaved and referred to the 3 French delegates as “X, Y, and Z.”
Americans are outraged & prepare for war. “Millions for defense but not 1¢ for tribute.”

5. Public opinion against France and The XYZ Affair.
Britain looking from on from
high.
5 members of the Directory in France
Rest of the world looking on
The XYZ Affair – Maiden America ravaged by France.

6. Adams’ Presidency
Adams was strong willed and disliked the Jeffersonian
Republicans.
Adams’ personality makes it hard for him to unify the
Federalists.
He is perceived as weak when threatened by France with war
and does not act on their threat.
Consequently, he cannot work with Congress and the
American public sees him as weak and ineffective.

7. The Alien and Sedition Acts ...background
The Federalist Party fears the weakness of their President and the rising tide of criticism over foreign affairs.
The Federalists will pass several laws to keep Republicans from criticizing Federalist policy.

8. The Alien and Sedition Acts
1. The Naturalization Act requires a longer amount of residence to become a U.S. citizen. (From 5 to 14 years. Why?).
2. Alien Act gave the president the power to expel “dangerous” foreigners.
(Used against the French visitors).
3. Sedition Act made it a crime to publish criticisms of the government.

9. Sedition Act
The Sedition Act made it illegal for any citizen to “print, utter or publish any false, scandalous, and malicious writing against the government.”
Penalty: Up to 2 years imprisonment and
$2,000 fine. (25 were accused, 10 found guilty.)

10. Opposition to Sedition Act
The House
Griswold
Lyon
Satiric portrayal of the first fight in Congress between Matt Lyon (VT) and Roger Griswold (CT) over the Sedition bill.

11. Politicians can be vindictive
The Federalists (Adam’s party) attempted to silence criticism from the Republican party by enforcing the Sedition Act
Ben Franklin’s son is actually arrested for violating the Act
Thomas Jefferson labels this “a reign of witches” and takes action.

12. The Kentucky and Virginia Resolves,1798
Jefferson and Madison believe that the
Sedition Act violates the 1st Amendment.
(Remember Zenger – 1733)
They argue that states can nullify a federal
law if the state believes the law to be
unconstitutional.
(A state’s right to Nullification will be a big issue.)

13. Midnight Judges
Shortly after losing the Election of 1800 (Nov), the Federalist-controlled Congress & Adams passed the Judiciary Act of 1801 which reorganized the Federal Court system and allowed the President to appoint over 100 new judges. Adams began “packing the courts” with members of his own party.

14. Midnight Judges
23 of the justices were appointed late at night on his final day as President (March 3) but were not delivered due to the lateness of the hour. On March 4, Jefferson (Dem.- Rep) became President and his Secretary of State James Madison found the signed commissions with the Great Seal of the U.S. on them but they had not been delivered.

15. Marbury v. Madison
One of those Federalists awaiting his commission as judge was William Marbury.
He sued James Madison to deliver his legal commission believing the Court would use its power to issue Writs of Mandamus (Judiciary Act of 1789).
(Check out the reading and ppt. on this case.)

16. Assessment of Adams Administration
“Quasi War.” Preserve Neutrality. New taxes. Strengthened navy. Party politics. Peaceful transition Alien Act. of power Naturalization Act. Sedition Act. Judiciary Act (1801). Court Packing.