The Logan Act
Should private American citizens be allowed to negotiate arrangements or resolve disputes with foreign governments without authorization from the government? According to the Logan Act, passed way back in 1799, the answer is no. The Logan Act has recently been in the news. In December 2016, during the transition period between the Obama and Trump administrations, General Flynn had several conversations with the Russians regarding policy matters. He technically was still a private citizen at that time, possibly a violation of the Logan Act, although that angle was not pursued by the prosecutors. More recently, in 2019, former Secretary of State John Kerry had several meetings with Iranian officials regarding the 2015 nuclear agreement he negotiated, and the Trump administration withdrew from. Administration officials accused Kerry of violating the Logan Act, but no action was taken.
The Logan Act traces back to the Revolutionary War alliance with France, the subsequent French Revolution, disputes between the United States and the French Revolutionary government, and partisan battles within the United States.
Revolutionary War Alliance with France
The United States needed the assistance of France to win the Revolutionary War. In 1778, the United States signed a formal treaty of alliance with France. The French provided funds, weapons, artillery, gunpowder, naval support, and soldiers. In the crucial war-winning 1781 battle of Yorktown, the French Navy defeated the British Navy in Chesapeake Bay, leaving the British forces surrounded. In the subsequent siege, a combined force of Americans and French soldiers forced the British to surrender.
French Revolution
King Louis XVI is Guillotined
In 1789, the French Revolution erupted six years after the end of the Revolutionary War. Ironically, one cause of the French Revolution was the bankruptcy of the country, caused, in part, by its significant aid to the United States.
War broke out in Europe between England and other countries opposed to the overthrow of the French monarchy. The U.S. should have been sympathetic to France, its ally, whose revolution was in part inspired by the American Revolution. However, President Washington adopted a policy of strict neutrality in the War between France and England. The French Revolution descended into the 'Reign of Terror,' with many French citizens guillotined along with King Louis XVI. France lost support in the United States. Despite the recent War against England, America was culturally and economically much closer to England than to France.
XYZ Affair and Jay Treaty
In 1795 the United States signed the Jay Treaty (named after diplomat John Jay) with England, settling some unresolved issues from the Revolutionary War and establishing open trade relations. The treaty quite controversial as many felt it favored England over France. The Senate narrowly approved the agreement. France objected to the treaty believing the United States had broken its 1778 alliance and was now supporting the British. The French Navy starting to capture American merchant marine ships to halt trade with the British.
President John Adams sent diplomats to France in 1797 to negotiate peace. Three French ministers met the Americans and refused to talk unless paid a bribe. The Americans refused, stating, "Millions for defense not one cent for tribute." Attempts to negotiate over the next few months failed. President Adams increased military spending and called George Washington back into service to prepare an army for potential War with France. He also built naval vessels to defend American shipping against French attacks.
Partisan feelings were high in the country at the time. Alexander Hamilton and the Federalist Party favored the British while Thomas Jefferson and the Democrats favored the French. With the French capturing American shipping, hawks in the cabinet wanted to declare war against France. They demanded to know the instructions and communications between Adams and the ministers he had sent to France. He released the correspondence, disclosing the attempted bride. He redacted the three French minister names with the letters X, Y, and Z. Anti-French opinions rose in the country. However, President Adams refused the call for war and continued talks with France.
Alien and Sedition Acts
Alexander Hamilton accused Vice President Thomas Jefferson and Speaker of the House James Madison of treasonous behavior in supporting the French. Using their Congressional majority, the Federalists passed the 'Alien and Sedition Acts.' Among other provisions, these Acts outlawed "false, malicious, or scandalous writing against Congress or the President." It made it illegal to oppose any measure of the government.
American and French ships battle during the Quasi-War
Despite First Amendment freedom of speech concerns, the Sedition Act passed. Over 20 individuals were prosecuted between their passage in 1798 and 1800. Anger over these acts helped Jefferson to defeat Adams in the bitter election of 1800.
Once Jefferson became President, the Sedition Act expired. Democratic President Wilson revived it over 100 years later during World War I; several hundred people were convicted of criticizing the government. The subsequent Republican administration of Warren Harding repealed the law and freed those convicted under it.
Logan Act and the Quasi-War
The Quasi-War was an undeclared conflict between the United States and France, fought between 1798 and 1800. It consisted of naval battles with French ships attacking American merchant ships, with American warships fighting back. Quaker and private citizen George Logan traveled to France to attempt to negotiate between the countries. In response, the Federalists, who wanted War with France, passed the Logan Act, prohibiting private citizens from negotiating foreign affairs on behalf of the United States. However, President Adams continued negotiations with France, ending the Quasi-War signing the ‘Convention of 1800’ which also formally ended the 1778 Treaty of Alliance between the United States and France.
Conclusion
The aftermath of the French Revolution entangled the United States between England and France, with some Americans favoring England, others France. Vicious political battles are nothing new – those supporting England were in power and passed several acts to suppress opposition. Fortunately, these laws are no longer in force. The Logan Act is another legacy of the late 1700's Quasi-War with France. This act is still on the books but has never been used to prosecute anyone. Many legal scholars consider it an unconstitutional limit on free speech. Perhaps it is time to repeal this law.