Sedition

“ Wherefore the citizen must so prepare himself as to be always armed against those things which trouble the constitution of a state. And that dissension of the citizens, when one party separates from and attacks another, is called sedition. And in truth in civil dissensions, as the good are of more importance than the many, I think that we should regard the weight of the citizens, and not their number. ”

“ Such has been the progress of sedition, that those who a few years ago disputed only our right of laying taxes, now question the validity of every act of legislation. They consider themselves as emancipated from obedience, and as being no longer the subjects of the British Crown. They leave us no choice but of yielding or conquering, of resigning our dominion, or maintaining it by force.
From force many endeavours have been used, either to dissuade, or to deter us. Sometimes the merit of the Americans is exalted, and sometimes their sufferings are aggravated. ”

“ It will be acknowledged, that the example of a sedition proceeding so far without punishment, is an evil: but it was to be balanced against other evils;—against the calamities of civil war; against the mischief of rendering one part of our military force in India the enemies of the other; against the evils of a victory which must be gained over the spirit of the army, and consequently over the strength of the Government. ”

“ For we are in danger to be accused for this day's sedition, because there is no cause by which any man can render any reason of this concourse of people."* Where he calleth an assembly whereof men can give no just account, a sedition, and such as they could not answer for. ”

“ In regard to the sedition law, they declare that its passage was the exercise of “a power not delegated by the Constitution; but, on the contrary, expressly and positively forbidden by one of the amendments thereto; a power, which, more than any other, ought to produce universal alarm; because it is levelled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed the only effectual guardian of every other right.”
Now, sir, what is the essence, what is the root of all these resolutions? ”

“ Is one who resists a tyrannical government guilty of the sin of sedition? (a) When resistance is made by legal and pacific means, such as the rejection of a bad government at the polls, there is no sedition. ”

“ We have displayed a great resolution and a great strength, and given unmistakable proofs, that if sedition and rebellion hold up their heads in this country, they will be instantly met with the most vigorous resistance, and be put down by the band of authority, and by the zealous co-operation of all classes of the people. ”

“ They have been evil, and evil they must be only, to the end. Not one particle of good has been done to any man, of any color, by this agitation. It has been insidiously working the purpose of sedition, for the destruction of that Union on which our hopes of future greatness depend. ”

“ The drudges of sedition wish to change their ground; they hear him with sullen silence, feel conviction without repentance, and are confounded, but not abashed; they go forward to another door, and find a kinder reception from a man enraged against the government, because he has just been paying the tax upon his windows. ”

“ Thus we discern, that sedition laws are consistent with the system of orders, for the same reason which makes them inconsistent with the policy of the United States. The sovereignty of orders being maintainable, only by reserving to itself free discussion, and imposing restraints upon the people, it follows, that national sovereignty is only maintainable, by reserving free discussion to the people, and imposing restraints upon the government. ”

“ Security and leisure are the parents of sedition.
While these different opinions are agitated, it seems to be determined, by the legislature, that force shall be tried. Men of the pen have seldom any great skill in conquering kingdoms, but they have strong inclination to give advice. I cannot forbear to wish, that this commotion may end without bloodshed, and that the rebels may be subdued by terrour rather than by violence; and, therefore, recommend such a force as may take away, not only the power, but the hope of resistance, and, by conquering without a battle, save many from the sword. ”

“ The best precautions against sedition are these: to avoid illegality and frauds upon the unprivileged; to maintain good feeling between rulers and ruled; to watch destructive agencies; to alter property qualifications from time to time; to let no individual or class become too powerful; not to let magistracies be a source of gain; to beware of class-oppression (c. 8) . In all magistrates we should require loyalty, ability, and justice; we should not carry the principle of the constitution to extremes; we should educate the citizens in the spirit of a constitution (c. 9) . ”

“ I sincerely trust and believe that no such civil war is likely to occur again. I can not doubt, however, that in whatever form and on whatever occasion sedition can raise an effort to hinder or embarrass or defeat the legitimate action of this Government, whether by preventing the collection of revenue, or disturbing the public peace, or separating the States, or betraying the country to a foreign enemy, the power of removal from office by the Executive, as it has heretofore existed and been practiced, will be found indispensable. ”

“ But if a clergyman preaches Christianity, and tells the magistrates that they were not distinguished from their brethren for their private emolument, but for the good of the people; that the people are bound in conscience to obey a good government, but are not bound to submit to one that aims at destroying all the ends of government,—-oh sedition! ”

“ Those who had undertaken to oppose the ministry, having no grievance of greater magnitude, endeavoured to swell this decision into bulk, and distort it into deformity, and then held it out to terrify the nation.
Every artifice of sedition has been since practised to awaken discontent and inflame indignation. The papers of every day have been filled with the exhortations and menaces of faction. The madness has spread through all ranks and through both sexes; women and children have clamoured for Mr. Wilkes, honest simplicity has been cheated into fury, and only the wise have escaped infection. ”

“ To enact laws without giving the power of inflicting punishment for their infraction is certainly a poHtical paradox. The Constitution and laws recognize the offenses of treason, insurrection, mutiny, and sedition; but the Congress has never appropriated anything to their commission. Resistance to the execution of a law by persons associated for the purpose is sedition, and individuals setting themselves up in armed bodies in defiance of the laws, and with a view of preventing their operation, is insurrection. ”

“ Every armed force or meeting of persons which shall arrogate to itself the rights of the people, and petition in their name, is guilty of sedition. Article 23. In the event of internal commotion or foreign attack which might place in jeopardy the practice of this Constitution, and the free action of the Authorities created by it, the Province or territory where such disturbance exists shall be declared in a state of siege, all constitutional guarantees being meantime suspended there. But during such suspension the President of the Republic cannot condemn nor apply any punishment per se. ”

“ From the definition given above, it is plain that sedition is a special distinct species of sin. (a) It differs from spiritual discord, for unlike schism it is opposed, not to the unity of the Church, but to the unity of the State. (b) It differs from other kinds of temporal discord, for unlike war and fighting it is opposed, not to peace between nations or individuals, but to peace between the members of the same civil body. War takes away peace with foreigners, sedition takes away peace with fellow-citizens ”

“ While sedition should be localized and rooted out sternly, and even mercilessly, deep sympathy and unreserved reliance should manifest themselves in all dealings with loyal subjects without distinction of creed, caste, and colour. ”

“ The sedition was held to have originated in heresy, and for the better Fresh act against heresy. repression of such mischiefs in time to come, the lord chancellor, the judges, the justices of the peace, the sheriffs, mayors, bailiffs, and every other officer having government of people, were sworn on entering their office to use their best power and diligence to detect and prosecute all persons suspected of so heinous a crime. ”

“ The immediate punishment of the leaders of sedition, with as much silence and secrecy as possible, is the best remedy where the sovereign is sufficiently powerful. In cases of danger, it is necessary to conquer by giving way, and to wait for the cooling of men’s tempers, and the disunion that will infallibly impair their force ”

“ President, only in the past few months this Court rendered a decision which struck down the sedition statutes in 48 States and two Territories, merely because the Federal Government had a statute on sedition. The Supreme Court held that because of that fact, the Federal Government had preempted the whole field, and struck down the State statutes on sedition. Sedition means overthrowing the Government. ”

“ If the king have a power (for still I keep to that) , to issue forth proclamations to his subjects, and to make orders and constitutions in matters ecclesiastical, if he do issue forth his proclamation, and make an order upon the matters within his power and prerogative; and if any one would come and bring that power in question otherwise than in parliament, that the matter of that proclamation be not legal, I say that is sedition, and you are not to examine the legality or illegality of the order or proclamation, but the slander and reflection upon the government. ”

“ Thus, sir, may the most laudable conduct be charged with sedition, and the most awful regard be accused of disrespect, by forced consequences, and exaggerated language; thus may senates become useless, lest they should appear to be wiser than their sovereign, and the sovereign be condemned to act only by the information of servile ministers, because no publick advice can safely be given him. ”

“ Certain it is, that greater societies, under one government, may in some cases make a secession, and divide into lesser, without sedition: or else, how would there be so many distinct commonwealths in the world? ”

“ All the city was risen up in sedition, they being, as you know, upon any slight occasion, so ready to uproars and insurrections, that foreign nations wonder at the patience of the kings of France, who do not by good justice restrain them from such tumultuous courses, seeing the manifold inconveniences which thence arise from day to day. ”

“ Our sciolists would persuade us that the different sects are hot-beds of sedition, because they are nurseries of public spirit, and independence, and sincerity of opinion in all other respects. They are so necessarily, and by the supposition. ”

“ Congress has not, in any of its statutes relating to sedition, specifically barred the exercise of state power to punish the same Acts under state law. And, we read the majority opinion to assume for this case that, absent federal legislation, there is no constitutional bar to punishment of sedition against the United States by both a State and the Nation. [1] The majority limits to the federal courts the power to try charges of sedition against the Federal Government. ”

“ The Government of this country, and those States which are parties concerned, cannot be too much alive to this fact. The public generally ought to understand it; and if the knowledge and conviction should generally obtain, that this Society is a seditious organization, and engaged in a work of sedition, which, by continuance, may grow into treason, it is believed, that no more acquisitions to its numbers and power could be made, and that it would gradually die away, and cease to agitate the public mind, without the intervention of the public authorities. ”

“ The only—I will not say excuse, but palliation that I can find for conduct like yours is that it has been for some years past the fashion to treat lightly matters of this kind, so that men have been perhaps encouraged to play with sedition and to toy with treason, wrapt in a certain proud consciousness of strength begotten of the deep-seated and well-founded conviction that the loyalty of her people is supreme, and true authority in this country has slumbered or has treated with contemptuous indifference speeches and acts of sedition. ”

“ And if the people should at any time be too much elated or too much dejected, or should, without a cause, change their minds, those at the helm of affairs have time to set them right before a new election comes on.
As to faction and sedition, I will grant, that in monarchical and aristocratical governments, it generally arises from violence and oppression; but in popular or mixed governments, it always arises from the people's having too great a share in the government. ”

“ The causes and motives of seditions are, innovation in religion; taxes; alteration of laws and customs; breaking of privileges; general oppression; advancement of unworthy persons; strangers; dearths; disbanded soldiers; factions grown desperate; and whatsoever, in offending people, joineth and knitteth them in a common cause. ”

“ It were a curious, but an idle speculation, to inquire, what effect these dictators of sedition expect from the dispersion of their letter among us. If they believe their own complaints of hardship, and really dread the danger which they describe, they will naturally hope to communicate the same perceptions to their fellow-subjects. But, probably, in America, as in other places, the chiefs are incendiaries, that hope to rob in the tumults of a conflagration, and toss brands among a rabble passively combustible. ”