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06/17/03: (CommonDreams)
Many Americans are suggesting that the Patriot Act (and its
proposed "improvements" in Patriot II) is totally new in
the experience of America and may spell the end of both democracy
and the Bill of Rights. History, however, shows another view,
which offers us both warnings and hope.
Although you won't learn much about it from
reading the "Republican histories" of the Founders being
published and promoted in the corporate media these days, the most
notorious stain on the presidency of John Adams began in 1798 with
the passage of a series of laws startlingly similar to the Patriot
Act.
It started when Benjamin Franklin Bache,
grandson of Benjamin Franklin and editor of the Philadelphia
newspaper the Aurora, began to speak out against the policies of
then-President John Adams. Bache supported Vice President Thomas
Jefferson's Democratic-Republican Party (today called the
Democratic Party) when John Adams led the conservative Federalists
(who today would be philosophically identical to GOP Republicans).
Bache attacked Adams in an op-ed piece by calling the president
"old, querulous, Bald, blind, crippled, Toothless
Adams."
To be sure, Bache wasn't the only one attacking
Adams in 1798. His Aurora was one of about 20 independent
newspapers aligned with Jefferson's Democratic-Republicans, and
many were openly questioning Adams' policies and ridiculing Adams'
fondness for formality and grandeur.
On the Federalist side, conservative newspaper
editors were equally outspoken. Noah Webster wrote that
Jefferson's Democratic-Republicans were "the refuse, the
sweepings of the most depraved part of mankind from the most
corrupt nations on earth." Another Federalist characterized
the Democratic-Republicans as "democrats, momocrats and all
other kinds of rats," while Federalist newspapers worked hard
to turn the rumor of Jefferson's relationship with his deceased
wife's half-sister, slave Sally Hemmings, into a full-blown
scandal.
But while Jefferson and his
Democratic-Republicans had learned to develop a thick skin,
University of Missouri-Rolla history professor Larry Gragg points
out in an October 1998 article in American History magazine that
Bache's writings sent Adams and his wife into a self-righteous
frenzy. Abigail wrote to her husband and others that Benjamin
Franklin Bache was expressing the "malice" of a man
possessed by Satan. The Democratic-Republican newspaper editors
were engaging, she said, in "abuse, deception, and
falsehood," and Bache was a "lying wretch."
Abigail insisted that her husband and Congress
must act to punish Bache for his "most insolent and
abusive" words about her husband and his administration. His
"wicked and base, violent and calumniating abuse" must
be stopped, she demanded.
Abigail Adams followed the logic employed by
modern-day "conservatives" who call the administration
"the government" and say that those opposed to an
administration's policies are "unpatriotic," by writing
that Bache's "abuse" being "leveled against the
Government" of the United States (her husband) could even
plunge the nation into a "civil war."
Worked into a frenzy by Abigail Adams' and
Federalist newspapers of the day, Federalist senators and
congressmen - who controlled both legislative houses along with
the presidency - came to the defense of John Adams by passing a
series of four laws that came to be known together as the Alien
and Sedition Acts.
The vote was so narrow - 44 to 41 in the House
of Representatives - that in order to ensure passage the lawmakers
wrote a sunset provision into its most odious parts: Those laws,
unless renewed, would expire the last day of John Adams' first
term of office, March 3, 1801.
Empowered with this early version of the Patriot
Act, President John Adams ordered his "unpatriotic"
opponents arrested, and specified that only Federalist judges on
the Supreme Court would be both judges and jurors.
Bache, often referred to as "Lightning Rod
Junior" after his famous grandfather, was the first to be
hauled into jail (before the laws even became effective!),
followed by New York Time Piece editor John Daly Burk, which put
his paper out of business. Bache died of yellow fever while
awaiting trial, and Burk accepted deportation to avoid
imprisonment and then fled.
Others didn't avoid prison so easily. Editors of
seventeen of the twenty or so Democratic-Republican-affiliated
newspapers were arrested, and ten were convicted and imprisoned;
many of their newspapers went out of business.
Bache's successor, William Duane (who both took
over the newspaper and married Bache's widow), continued the
attacks on Adams, publishing in the June 24, 1799 issue of the
Aurora a private letter John Adams had written to Tench Coxe in
which then-Vice President Adams admitted that there were still men
influenced by Great Britain in the U.S. government. The letter
cast Adams in an embarrassing light, as it implied that Adams
himself may still have British loyalties (something suspected by
many, ever since his pre-revolutionary defense of British soldiers
involved in the Boston Massacre), and made the quick-tempered
Adams furious.
Imprisoning his opponents in the press was only
the beginning for Adams, though. Knowing Jefferson would mount a
challenge to his presidency in 1800, he and the Federalists
hatched a plot to pass secret legislation that would have disputed
presidential elections decided "in secret" and
"behind closed doors."
Duane got evidence of the plot, and published it
just after having published the letter that so infuriated Adams.
It was altogether too much for the president who didn't want to
let go of his power: Adams had Duane arrested and hauled before
Congress on Sedition Act charges. Duane would have stayed in jail
had not Thomas Jefferson intervened, letting Duane leave to
"consult his attorney." Duane went into hiding until the
end of the Adams' presidency.
Emboldened, the Federalists reached out beyond
just newspaper editors.
When Congress let out in July of 1798, John and
Abigail Adams made the trip home to Braintree, Massachusetts in
their customary fashion - in fancy carriages as part of a parade,
with each city they passed through firing cannons and ringing
church bells. (The Federalists were, after all, as Jefferson said,
the party of "the rich and the well born." Although
Adams wasn't one of the super-rich, he basked in their approval
and adopted royal-like trappings, later discarded by Jefferson.)
As the Adams family entourage, full of pomp and
ceremony, passed through Newark, New Jersey, a man named Luther
Baldwin was sitting in a tavern and probably quite unaware that he
was about to make a fateful comment that would help change
history.
As Adams rode by, soldiers manning the Newark
cannons loudly shouted the Adams-mandated chant, "Behold the
chief who now commands!" and fired their salutes. Hearing the
cannon fire as Adams drove by outside the bar, in a moment of
drunken candor Luther Baldwin said, "There goes the President
and they are firing at his arse." Baldwin further compounded
his sin by adding that, "I do not care if they fire thro' his
arse!"
The tavern's owner, a Federalist named John
Burnet, overheard the remark and turned Baldwin in to Adams'
thought police: The hapless drunk was arrested, convicted, and
imprisoned for uttering "seditious words tending to defame
the President and Government of the United States."
The Alien and Sedition Acts reflected the new
attitude Adams and his wife had brought to Washington D.C. in
1796, a take-no-prisoners type of politics in which no opposition
was tolerated.
For example, on January 30, 1798, Vermont's
Congressman Matthew Lyon spoke out on the floor of the House
against "the malign influence of Connecticut
politicians." Charging that Adams' and the Federalists only
served the interests of the rich and had "acted in opposition
to the interests and opinions of nine-tenths of their
constituents," Lyon infuriated the Federalists.
The situation simmered for two weeks, and on the
morning of February 15, 1798, Federalist anger reached a boiling
point when conservative Connecticut Congressman Roger Griswold
attacked Lyon on the House floor with a hickory cane. As
Congressman George Thatcher wrote in a letter now held at the
Massachusetts Historical Society, "Mr. Griswald [sic] [was]
laying on blows with all his might upon Mr. Lyon..
Griswald.continued his blows on the head, shoulder, & arms of
Lyon, [who was] protecting his head & face as well as he
could. Griswald tripped Lyon & threw him on the floor &
gave him one or two [more] blows in the face."
In sharp contrast to his predecessor George
Washington, America's second president had succeeded in creating
an atmosphere of fear and division in the new republic, and it
brought out the worst in his conservative supporters. Across the
new nation, Federalist mobs and Federalist-controlled police and
militia attacked Democratic-Republican newspapers and shouted down
or threatened individuals who dared speak out in public against
John Adams.
Even members of Congress were not legally immune
from the long arm of Adams' Alien and Sedition Acts. When
Congressman Lyon - already hated by the Federalists for his
opposition to the law, and recently caned in Congress by
Federalist Roger Griswold - wrote an article pointing out Adams'
"continual grasp for power" and suggesting that Adams
had an "unbounded thirst for ridiculous pomp, foolish
adulation, and selfish avarice," Federalists convened a
federal grand jury and indicted Congressman Lyon for bringing
"the President and government of the United States into
contempt."
Lyon, who had served in the Continental Army
during the Revolutionary War, was led through the town of
Vergennes, Vermont in shackles. He ran for re-election from his
12x16-foot Vergennes jail cell and handily won his seat. "It
is quite a new kind of jargon," Lyon wrote from jail to his
constituents, "to call a Representative of the People an
Opposer of the Government because he does not, as a legislator,
advocate and acquiesce in every proposition that comes from the
Executive."
Which brings us to today. The possible ray of
light for those who oppose the attempts of George W. Bush to
emulate John Adams is found in the end of the story of Adams'
attempt to suborn the Bill of Rights and turn the United States
into a one-party state:
* The Alien and Sedition Acts caused the
Democratic-Republican newspapers to become more popular than ever,
and turned the inebriated Luther Baldwin into a national
celebrity. In like fashion, progressive websites and talk shows
are today proliferating across the internet, and victims of no-fly
laws and illegal arrests at anti-Bush rallies are often featured
on the web and on radio programs like Democracy Now.
* The day Adams signed the Acts, Thomas
Jefferson left town in protest. Even though Jefferson was Vice
President, and could theoretically benefit from using the Acts
against his own political enemies, he and James Madison continued
to protest and work against them. Jefferson wrote the text for a
non-binding resolution against the Acts that was adopted by the
Kentucky legislature, and James Madison wrote one for Virginia
that was adopted by that legislature. Today, in similar fashion,
over 100 communities across America have adopted resolutions
against Bush's Patriot Act, and, in the spirit of Matthew Lyon,
Vermont Congressman Bernie Sanders has introduced legislation to
repeal parts of the Act.
* Jefferson beat Adams in the election of 1800
as a wave of voter revulsion over Adams' phony and self-serving
"patriotism" swept over the nation (along with concerns
about Adams' belligerent war rhetoric against the French). Today,
even a minor appearance by Howard Dean or Dennis Kucinich - both
on record for repealing much or all of the Patriot Act - draws a
large crowd. There's a growing conviction across the nation that
Dean - or possibly another non-DLC Democrat - can defeat Bush in
2004.
* When Jefferson exposed Adams as a poseur and
tool of the powerful elite, the rot within Adams' Federalist Party
was exposed along with it. The Federalists lost their hold on
Congress in the election of 1800, and began a 30-year slide into
total disintegration (later to be reincarnated as Whigs and then
as Republicans). Today, as the Tom Delay and Roy Blount bribery
scandals widen, tax cuts for the rich are understood for what they
are, and the corporate takeover of America is alarming average
citizens, the rot in the Republican Party is more and more
obvious. Americans are demanding representation for We, The
People, and non-DLC Democrats, Greens, and Progressives can offer
it.
* In what came to be known as "The
Revolution of 1800" or "The Second American
Revolution," Thomas Jefferson freed all the men imprisoned by
Adams as one of his first acts of office. Jefferson even
reimbursed the fines they'd paid - with interest - and granted
them a formal pardon and apology. Today, undoing the Patriot Act
and kicking corporate money out of Washington D.C. have become
popular progressive and Democratic campaign themes.
The history of John Adams' failed presidency
gives hope and encouragement to those committed to real democracy
and genuine freedom. History shows that when enough people become
politically active, they can rescue the soul of America from
sliding into a corrupt, abusive police state.
The future of our nation is now at risk just as
much as it was in 1800: It's time to wake up and work to elect and
empower politicians interested in real democracy. If we're
successful, America may experience a revival every bit as
extraordinary as that brought about by Jefferson's Second American
Revolution.
Thom Hartmann (thom at thomhartmann.com) is
the author of over a dozen books, including "Unequal
Protection: The Rise of Corporate Dominance and the Theft of Human
Rights" and "The Last Hours of Ancient Sunlight,"
and the host of a nationally syndicated daily radio talk show. www.thomhartmann.com
This article is copyright by Thom Hartmann, but permission is
granted for reprint in print, email, blog, or web media so long as
this credit is attached.
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