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By Joe Mariani
April 11, 2007

By the late 1790s, America was fighting an undeclared "Quasi-War" with France on the high seas. (web site) France's revolutionary government, at war with England, began allowing its navy to seize American ships trading with that country. England began interfering with American ships trading with France. Congress authorized the War Department to build six frigates (primarily intended to fight Barbary pirates, no longer confined to the Mediterranean by Portugal) in 1794, but by 1797 only three had been built.

Meanwhile, the French were further incensed by a trade agreement between America and Great Britain. In 1796, France refused to receive American diplomats, and would not restore diplomatic relations until America paid "a large bribe." In April 1798, Congress authorized President John Adams to acquire a dozen ships of war, drastically increasing the size of America's fledgling Navy, and granted those ships the authority to capture armed French vessels found off the American coast. Later that year, Congress increased the authorization to allow American ships to capture any French ship in international waters.

In the midst of all this tension, pacifist George Logan took it upon himself to "treat unofficially for a better understanding between the two Governments." In June 1798, Dr. Logan went to France to assure that government that the American people wanted peace despite the belligerence of President Adams. (web site) His words emboldened the French to continue their seizure of American vessels, undermined US foreign policy and no doubt prolonged hostilities (which lasted two more years) by revealing tensions within the US government, which the French could exploit.

Logan's high-handed activities caused Congress to pass the Logan Act the following year, which prohibits American citizens from attempting to conduct their own private foreign policy initiatives on behalf of the United States. (web site) Only the president may speak for the country as a whole when dealing with other governments. The Logan Act (US Code 18, Part I, Chapter 45, Section 953) reads: (web site)

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.

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