1798
An act for the punishment of certain crimes against the United States.
Section 1.
Be it enacted by the Senate and House of Representatives of the United
States of America, in Congress assembled, That if any persons shall
unlawfully combine or conspire together, with intent to oppose any
measure or measures of the government of the United States, which are
or shall be directed by proper authority, or to impede the operation
of any law of the United States, or to intimidate or prevent any
person holding a place or office in or under the government of the
United States, from undertaking, performing or executing his trust or
duty; and if any person or persons, with intent as aforesaid, shall
counsel, advise or attempt to procure any insurrection, riot. unlawful
assembly, or combination, whether such conspiracy, threatening,
counsel, advice, or attempt shall have the proposed effect or not, he
or they shall be deemed guilty of a high misdemeanor, and on
conviction, before any court of the United States having jurisdiction
thereof, shall be punished by a fine not exceeding five thousand
dollars, and by imprisonment during a term not less than six months
nor exceeding five years; and further, at the discretion of the court
may be holden to find sureties for his good behaviour in such sum, and
for such time, as the said court may direct.
Section 2.
And be it further enacted, That if any person shall write, print,
utter or publish, or shall cause or procure to be written, printed,
uttered or publishing, or shall knowingly and willingly assist or aid
in writing, printing, uttering or publishing any false, scandalous and
malicious writing or writings against the government of the United
States, or either house of the Congress of the United States, or the
President of the United States, with intent to defame the said
government, or either house of the said Congress, or the said
President, or to bring them, or either of them, into contempt or
disrepute; or to excite against them, or either or any of them, the
hatred of the good people of the United States, or to excite any
unlawful combinations therein, for opposing or resisting any law of
the United States, or any act of the President of the United States,
done in pursuance of any such law, or of the powers in him vested by
the constitution of the United States, or to resist, oppose, or defeat
any such law or act, or to aid, encourage or abet any hostile designs
of any foreign nation against the United States, their people or
government, then such person, being thereof convicted before any court
of the United States having jurisdiction thereof, shall be punished by
a fine not exceeding two thousand dollars, and by imprisonment not
exceeding two years.
Section 3.
And be it further enacted, and declared, That if any person shall be
prosecuted under this act, for the writing or publishing any libel
aforesaid, it shall be lawful for the defendant, upon the trial of the
cause, to give in evidence in his defence, the truth of the matter
contained in the publication charged as a libel. And the jury who
shall try the cause, shall have a right to determine the law and the
fact, under the direction of the court, as in other cases.
Section 4.
And be it further enacted, That this act shall continue and be in
force until the third day of March, one thousand eight hundred and
one, and no longer: Provided. That the expiration of the act shall not
prevent or defeat a prosecution and punishment of any offence against
the law, during the time it shall be in force.
APPROVED, July 14, 1798:
Source:
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875, 5th Congress, 2nd Session
596-597
http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=720