Alien

Welcome to Celebrate Poe - Episode 290 - Alien - or perhaps more accurately Poe and The Alien and Sedition Acts.   And no, I am not going to talk about little creatures from outer space.

This podcast will deal with Alien and Sedition Acts of 1798 - acts which very well may have affected Poe - but first I want to talk about those acts as they have recently been discussed by President-Elect Trump.

Transcript

George - Plain text
Ghost of Mr. Poe - Bold text

Welcome to Celebrate Poe - Episode 290 - Alien - or perhaps more accurately Poe and The Alien and Sedition Acts.   And no, I am not going to talk about little creatures from outer space.

This podcast will deal with Alien and Sedition Acts of 1798 - acts which very well may have affected Poe - but first I want to discuss those acts as they have recently been discussed.

You see, Specifically: Mr. Trump has announced a plan called "Operation Aurora" that would use the Alien Enemies Act to remove undocumented immigrants he claimed were connected to gangs. He stated he would "send elite squads of ICE, Border Patrol and federal law enforcement officers to arrest and deport every last illegal alien gang member until there is not a single one left in this country”. Trump argued this centuries-old law could be used to expedite the removal of all undocumented immigrants from the United States3. He mentioned invoking the "Enemies Act of 179" (likely referring to the 1798 Alien Enemies Act) in campaign rallies.

And, from what I understand, with the possible exception of tax law, the most complicated legal study is immigration law.  To make things more complex, legal experts have raised concerns about the constitutionality and even financially feasibility of using the Alien Enemies Act in this way: The act has traditionally only been used during declared wars, which the U.S. is not currently engaged in. It's unclear if Trump could legally apply this act to undocumented immigrants without a formal declaration of war against the countries that the immigrants are from. Some argue that trying to define illegal immigration as an invasion by migrant gangs or foreign entities would face significant legal challenges. It's important to note that while Trump campaigned on these ideas, implementing such policies would likely face substantial legal and practical - especially financial - obstacles.

Actually, the Alien and Sedition Act was passed by Congress in 1798 with the support of the Adams Administration.  The Alien Act granted the President the authority to deport non-citizens who were subjects of foreign enemies.  The Sedition Act attacked the core of free speech and a free press—the right to criticize the government.  The atmosphere of partisan politics was particularly fraught in the 1790s—with the rise of the partisan press and the development of rival political parties.  The Alien and Sedition Acts stacked the deck against the political opposition, criminalizing criticism of Federalist President John Adams, but not Vice President Thomas Jefferson—the leader of the political opposition. The Supreme Court never ruled on the constitutionality of the Alien and Sedition Acts - basically because Jefferson defeated Adams in the election of 1800.  Once in office, President Jefferson allowed the Acts to expire and pardoned those convicted under them.

And Mr. Trump seems to want a version of similar act if he is re-elected to punish people who he perceives as disagreeing with him.

Ah, here is Mr. Poe.   Hello, Mr. Poe.

Greetings, Mr. Bartley.

Mr. Poe, today I would like to talk about the Alien and Sedition Act of 1798. 

Ah yes, - I must admit that the effects of the Alien and Sedition Act were basically before my time - but as a writer who was not afraid to express my opinions, I certainly felt the Acts effects

Mr. Poe, as I understand it, specifically, The Naturalization Act - as part of the Alien and Sedition Act - increased the residency requirement for American citizenship from 5 to 14 years. The Alien Friends Act allowed the president to imprison or deport aliens considered "dangerous to the peace and safety of the United States" during peacetime. The Alien Enemies Act allowed the president to imprison or deport any male citizen of a hostile nation during times of war.

And the Sedition Act made it a crime to publish "false, scandalous, and malicious writing" against the government or its officials.

What follows is the actual text of the Alien and Sedition Acts - and please be patient - the following text can seen quite convoluted - but try and stay with Mr. Poe and myself -

An Act Respecting Alien Friends

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.

So while it might be easy to get lost in the verbiage of the Alien and Sedition Acts - and that was part of the problem.  I don’t think the Acts come across that clearly, and can mean almost anything that the writer wants.

Mr. Bartley, I quite agree.

The Acts were a significant part of American political history, and their impact continued to be debated long after they expired.  And imagine if a president decided that he wants to pass a similar act - an act that could very well be unconstitutional.

I like to believe that I was certainly well-educated and known for my wide-ranging knowledge, which naturally included American history and politics.  In fact, it can be said that my work often reflects themes that resonate with the concerns of the Alien and Sedition Acts: Many of my stories deal with themes of identity, persecution, and the power of authority, which align with the concerns raised by the Alien and Sedition Acts.

I believe in episode 286, we discussed The Pit and the Pendulum - a work that is an excellent example of your work expressing those themes of identity, persecution, and the power of authority

Ah yes, Mr. Bartley - and my writing frequently expressed anxiety about legal processes and fixed legal identities, which could be seen as echoing the fears stirred by laws such as the Alien and Sedition Acts.

And my personal experience with bankruptcy law provides another angle to consider.  As you may or may not know, I declared bankruptcy in the early 1840s, during a brief period when America had a debtor-focused bankruptcy law. This experience heightened my awareness of how legal processes can impact personal identity and freedom - themes that are prevalent in much of my work. The aftermath of these Acts influenced American politics throughout my lifetime, particularly debates about states' rights and federal power.

Yes, Mr. Poe - you lived during a time of increasing tension over slavery and states' rights, which in some ways echoed the earlier conflicts that gave rise to the Alien and Sedition Acts. The Acts remained a controversial topic in American political history, with debates about federal power and individual rights continuing long after their expiration. The Acts contributed to the rise of the Democratic-Republican party and the decline of the Federalists, shaping the political landscape that you grew up in.

Yes, Mr. Bartley - I believe paramount in the list of criticisms of the Act is the simple fact theywere viewed as a violation of the First Amendment's protection of free speech and press.

And it could be argued that the Acts were used to suppress political opposition, particularly publishers affiliated with the Democratic-Republicans. The Acts were also viewed as an overreach of federal power, leading to the Virginia and Kentucky Resolutions which asserted states' rights to nullify unconstitutional federal laws.

Mr. Poe - you must admit that the Alien and Sedition Acts had a chilling effect on free speech - even in the early 19th century. I understand that several Republican newspaper editors worked to soften their tone or eliminated potentially offensive material to avoid prosecution. 

Ah, yes Mr. Bartley, as I understand it, the Alien and Sedition Acts resulted in the arrest and prosecution of several journalists and publishers critical of the Adams administration. The controversy surrounding the Acts even contributed to ongoing debates about the limits of free speech and press freedoms in the early republic.

And from what I understand, several prominent figures were prosecuted under the Alien and Sedition Act: James Callender, a journalist and paid operative of Thomas Jefferson, was arrested and jailed. Benjamin Franklin Bache, editor of the Aurora and grandson of Benjamin Franklin, was arrested but died awaiting trial. And William Duane, editor of the Aurora after Bache's death, was charged with inciting a riot with seditious intent. And these were all individuals of high principals.

Ah, yes, Mr. Bartley - these prosecutions and the broader impact of the Alien and Sedition Acts definitely influenced the political and cultural environment in which I developed as a writer and thinker, even though the Acts themselves had expired before my birth.

Mr. Poe - I know that the perception of immigrants is frequently used for political purposes today - a fact that sincerely bothers me because - with the possible exception of Native Americans - we ARE a nation of immigrants.

I do quite agree.  And one factor that seemed to worsen perceptions was the Alien and Sedition Acts.

How was that?

Ah, Mr. Bartley, The Alien and Sedition Acts of 1798 had a significant influence on the perception of immigrants. The Acts set a precedent for anti-immigrant sentiment, particularly targeting those from countries perceived as threats to the United States. This sentiment persisted into the 19th century, shaping attitudes towards new waves of immigrants.
The Acts increased the residency requirement for citizenship from 5 to 14 years, making it more difficult for immigrants to become citizens and participate in American political life. This change reinforced the idea that immigrants were outsiders who needed to prove their loyalty over an extended period. The laws contributed to a climate of suspicion towards foreigners, especially those from France and Ireland. This suspicion extended into the early 19th century, with immigrants often viewed as potential threats to national security and American values. The Acts even set a precedent for using legislation to control immigration and limit the rights of non-citizens, a practice that continued in various forms throughout the 19th century. The controversy surrounding the Acts influenced ongoing debates about the rights of immigrants and the balance between national security and individual liberties, themes that remained relevant in the early 19th century.

Ah,  Mr. Poe - wasn’t there a backlash against the Acts?

Yes, Mr. Bartley - there was definitely a backlash - in fact, the backlash
against the Acts helped Thomas Jefferson win the presidency in 1800, shaped the political landscape of the early 19th century, and possibly influenced how different political factions approached immigration issues.
The Acts contributed to the rise of nativism, an ideology that favored the interests of native-born Americans over those of immigrants. This sentiment grew stronger in the early 19th century as new waves of immigrants arrived.

And Mr. Bartley, remember that while the Alien and Sedition Acts were short-lived, they established a framework for anti-immigrant sentiment and restrictive immigration policies that influenced perceptions and debates throughout the early 19th century.

So Mr. Poe - what would you say was the influence of the Alien and  Sedition Acts on the political landscape of the early 19th century.

Mr. Bartley - The backlash against these acts helped Thomas Jefferson and the Democratic-Republicans win the presidency in 1800, marking the beginning of the end of the Federalists as a major political force. The acts intensified partisan divisions between Federalists and Democratic-Republicans, setting the stage for increased political polarization in the early 19th century. The controversy surrounding the acts helped solidify the Democratic-Republican Party's position as defenders of civil liberties and limited government, influencing their political platform going forward. And I believe that the Sedition Act's attack on free speech and press freedoms became a cautionary tale, reinforcing the importance of First Amendment protections in American political discourse. The use of these acts to suppress political opposition served as a warning about the potential for abuse of power, influencing future debates about executive authority and civil liberties.

Thank you, Mr. Poe for your observations.

And thank you Mr. Bartley - it is certainly good to be back.  Farewell.

Goodbye, Mr. Poe

Join Celebrate Poe for episode 291 - Poe and the Outsider

Sources include: Sources include: perplexity.ai, Edgar Allan Poe: A Critical Biography by Arthur Hobson Quinn, The Poe Log: A Documentary Life of Edgar Allan Poe by Dwight R. Thomas and David K. Jackson, and the Baltimore Edgar Allan Poe website.

Thank you for listening to Celebrate Poe.