Harvard-Educated Adams Cracked Down on Non-Citizens, Free Speech

An 1805-dated oil on canvas portrait of John Adams, attributed to William Dunlap, sold for $35,000 at a May 2017 Heritage auction.

By Jim O’Neal

When Barack Obama was sworn in on Jan. 20, 2009, he became the eighth president to have graduated from Harvard, which has educated more U.S. presidents than any other university. Yale is second with five, with George W. Bush counting for both Yale and Harvard (where he earned an MBA).

The first of the “Harvard Presidents” goes all the way back to 1796, when John Adams narrowly defeated Thomas Jefferson 71 to 68 in the electoral vote count. It was the only election in history in which a president and a vice president were elected from opposing parties.

However, Jefferson bounced back four years later in a bitter campaign characterized by malicious personal attacks. Alexander Hamilton played a pivotal role in sabotaging President Adams’ attempt to win a second term by publishing a pamphlet that charged Adams was “emotionally unstable, given to impulsive decisions, unable to co-exist with his closest advisers, and was generally unfit to be president.”

When all the votes were counted in 1800, Adams actually ended up third behind both Jefferson and Aaron Burr (who eventually became vice president). John and Abigail Adams took the loss very emotionally and it alienated their relationship with Jefferson for 20-plus years. Adams departed the White House before dawn on Inauguration Day, skipped the entire inauguration ceremony and headed home to Massachusetts. The two men ultimately reconciled near the end of their lives (both died on July 4, 1826).

Adams had been an experienced executive-office politician after serving eight years as vice president for George Washington. However, his four years as president were controversial. It started when the Federalist-dominated Congress passed four bills, collectively called the Alien and Sedition Acts, which President Adams signed into law in 1798. The Naturalization Act made it harder for immigrants to become citizens, and the Alien Friends Act allowed the president to imprison and deport non-citizens deemed dangerous or from a hostile nation (Alien Enemy Act). And finally, the Sedition Act made it a crime to make false statements that were critical of the federal government.

Collectively, these bills invested President Adams with sweeping authority to deport resident non-citizens he considered dangerous; they criminalized free speech, forbidding anyone to “write, print, utter or publish … any false, scandalous and malicious writing or writing against the government of the United States … or either House of Congress of the United States … with intent to defame … or bring them into contempt or dispute … or to excite against them or either of them … the hatred of the good people of the United States.”

Editors were arrested and tried for publishing pieces the Adams administration deemed seditious. Editors were not the only targets. Matthew Lyon, a Vermont Congressman, was charged with sedition for a letter he wrote to the Vermont Journal denouncing Adams’ power grab. After he was indicted, tried and convicted, Lyon was sentenced to four months in prison and fined $1,000.

For Vice President Jefferson, the Alien and Sedition Acts were a cause of despair and wonderment. “What person, who remembers the times we have seen, could believe that within such a short time, not only the spirit of liberty, but the common principles of passive obedience would be trampled on and violated.” He suspected that Adams was conspiring to establish monarchy again.

It would not be the last time Americans would sacrifice civil liberties for the sake of national security. More on this later.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Laws Curtailing Free Speech Rejected by Americans – 200 Years Ago

Thomas Jefferson reaffirmed the rights of Americans to “think freely and to speak and write what they think.”

By Jim O’Neal

After serving two full terms as president (1789-97), George Washington was more than ready to leave Philadelphia, where he had lived since relocating from New York City. He returned to his home in Mount Vernon with a profound sense of relief. The plantation had been losing money during his extended absence, leaving him in a financial quandary of being relatively wealthy but cash-poor. Virtually all of his assets were in non-liquid land and slaves.

However, little did he expect that his successor, Vice President John Adams, would allow relations with France to deteriorate to the point of a possible war. Diplomacy had failed and on July 4, 1798, President Adams was forced to offer Washington a commission as Lieutenant General and Commander-in-Chief of the Army with the responsibility of preparing for a potential war. Washington accepted, but wisely delegated the actual work to his trusted friend Alexander Hamilton. All of this happened a mere 17 months before his death at his beloved Mount Vernon.

War with France was avoided, but President Adams utilized some highly controversial tactics, including the Alien and Sedition Acts. These consisted of four bills passed by a highly partisan, Federalist-dominated Congress that were signed into law by Adams in 1798.

Although neither France nor the United States actually declared war, rumors of enemy spies (aliens) or a surprise French invasion frightened many Americans and the Alien Acts were designed to mitigate the risk. The first law, the Naturalization Act, extended the time it took immigrants to gain citizenship from five to 14 years. Another law provided that once war was declared, all male citizens of an enemy nation could be expelled. It was estimated that this would include 25,000 French citizens in the United States. The president also was authorized to deport any non-citizens suspected of plotting against the government during wartime or peace.

The Sedition Act was much more insidious. Sedition means inciting others to resist or rebel against lawful authority. The act first outlawed conspiracies “to oppose any measure of the government.” Further, it made it illegal for anyone to “express any false, scandalous and malicious writing against Congress or the President.” It included published words that had BAD INTENT to DEFAME the government or cause HATRED of the people toward it.

Secretary of State Timothy Pickering was in charge of enforcement and pored over newspapers looking for evidence. Numerous people were indicted, fined and jailed to the point that it became a major issue in the presidential election of 1800. Thomas Jefferson argued the laws violated the First Amendment.

The voters settled the debate by electing Jefferson.

In his inaugural address, Jefferson confirmed a new definition of free speech and press as the right of Americans “to think freely and to speak and write what they think.”

The U.S. Supreme Court never decided whether the Alien and Sedition Acts were constitutional. The laws, quite conveniently, expired on March 3, 1801, John Adams’ last day in office.

Jim O'NielIntelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is President and CEO of Frito-Lay International [retired] and earlier served as Chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].