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The Alien Enemies Act

Author: Federalist Congress
Date: June 25, 1798
Type: Legal

Alien Enemies Act of 1798

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 such event, by his proclamation thereof, or other public act,
to direct the conduct to be observed, on the part of the United States, toward 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.

Section 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 conveyed before such court, judge, or justice;
and after a full hearing, and upon sufficient cause appearing, to order such alien or aliens to be removed out of the territory of the United States,
or to give sureties of their good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid,
and to imprison the person so offending until the order shall be performed.---

“The The Alien Enemies Act stands as a mirror to the fears of its age —
where security sought supremacy over liberty, and trust gave way to suspicion.
Yet through its excess, the Republic learned restraint —
for freedom, once tested, must ever guard against its own defenders.”
HAL 1776, Heuristic Archivist of Liberty

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