Logan Act
Encyclopedia
The Logan Act is a United States federal law that forbids unauthorized citizens from negotiating with foreign governments. It was passed in 1799 and last amended in 1994. Violation of the Logan Act is a felony
, punishable under federal law with imprisonment of up to three years.
The text of the Act is broad and is addressed at any attempt of a US citizen to conduct foreign relations without authority. However, there is no record of any conviction
s or even prosecutions under the Logan Act.
John Adams
, during tension between the U.S. and France
, it was informally named for Dr. George Logan
of Pennsylvania
, a state legislator (and later US Senator) and pacifist who in 1798 engaged in semi-negotiations with France during the Quasi-War
.
Kevin Kearney, writing in the Emory Law Journal, described Dr. Logan's activities in France:
Despite the apparent success of Logan's mission, his activities aroused the opposition of the Federalist Party in Congress, who were resentful of the praise showered on Logan by oppositional Democratic-Republican newspapers. Secretary of State
Timothy Pickering
, also of Pennsylvania, responded by suggesting that Congress "act to curb the temerity and impudence of individuals affecting to interfere in public affairs between France and the United States." The result was the Logan Act, which was pushed through by the Federalist majority (60-46 in the House; and 22-10 in the Senate) with relatively little debate.
Subsequently, Logan himself was appointed and then elected as a Democratic-Republican to the United States Senate
from Pennsylvania to fill the vacancy caused by the resignation of John Peter G. Muhlenberg
and served from July 13, 1801, to March 3, 1807. He was unsuccessful in getting the Logan Act repealed. Logan declined to be a candidate for reelection. Nonetheless, despite the Logan Act, he went to England in 1810 on a private diplomatic mission as an emissary of peace in the period before the outbreak of the War of 1812
, but was not successful.
1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004).
Washington has threatened to use the act to stop Americans from negotiating with foreign governments. For example, in February 1941 Under Secretary of State Sumner Welles
told the press that former President Herbert Hoover
might be a target for prosecution because of his negotiations with European nations over sending food relief.
The only known indictment
under the Logan Act was one that occurred in 1803 when a grand jury
indicted Francis Flournoy, a Kentucky farmer, who had written an article in the Frankfort
Guardian of Freedom under the pen name
of "A Western American." In the article, Flournoy advocated a separate nation in the western part of the United States that would ally with France. The United States Attorney
for Kentucky, an Adams appointee and brother-in-law of Chief Justice John Marshall
, went no further than procuring the indictment of Flournoy. The purchase of the Louisiana Territory
later that year appeared to cause the separatism issue to become moot.
In the only other known case, US citizen John D. Martin, a prisoner of war
in North Korea
, was brought before a court-martial
for collaborating with North Korean authorities and conducting "re-education" classes in the prison camp where he was held. The case was dismissed because the court-martial had no jurisdiction over acts he committed after the expiration of his enlistment.
In 1967, an indictment was seriously considered against Stokely Carmichael
for his visit that year to Hanoi
during the Vietnam War
. No action, however, was taken.
In 1975, Senators John Sparkman
and George McGovern
were accused of violating the Logan Act when they traveled to Cuba and met with officials there. In considering that case, the U.S. Department of State concluded:
In 1984, President Ronald Reagan
stated that the activities of the Reverend Jesse Jackson
, who had traveled to Cuba
and Nicaragua
that year and had returned with several Cuban political prisoners seeking asylum in the United States, may have violated the Logan Act; but Jackson was never indicted.
In 1987 and 1988, President Reagan was furious at what he felt to be House Speaker Jim Wright
's "intrusion" into the negotiations between Nicaragua
's Sandinista government and the Contras
for a cease-fire in the long civil war. The National Security Council
considered using the Logan Act to muzzle Wright, but nothing ever came of it.
In United States v. Curtiss-Wright Export Corp.
(1936), however, Justice Sutherland
wrote in the majority opinion: "[T]he President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it." Sutherland also notes in his opinion the Senate Committee on Foreign Relations report to the Senate of February 15, 1816:
The Southern District of New York in Waldron v. British Petroleum Co., 231 F. Supp. 72 (S.D.N.Y. 1964), mentioned in passing that the Act was likely unconstitutional due to the
vagueness of the terms "defeat" and "measures," but did not rule on the question.
In a memorandum dated September 29, 2006, and entitled "MEMORANDUM FOR ALL MEMBERS AND OFFICERS, from the Committee on Standards of Official Conduct of the United States House of Representatives, regarding the subject of "Post-Employment and Related Restrictions for Members and Officers," members of the House who were leaving office were cautioned regarding activities that may implicate the Logan Act: 'Members should further be aware of a permanent federal statutory restriction that prohibits any U.S. citizen acting without authority of the United States from: "Directly or indirectly commencing or carrying on any correspondence or intercourse with any foreign government, or any officer or agent thereof, with the intent to influence the measures or conduct of any foreign government or of 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.'"
The House memo goes on to state that the Logan Act "has never been the basis of a prosecution, and this Committee has publicly questioned its constitutionality. House Comm. on Standards of Official Conduct, Manual of Offenses and Procedures, Korean Influence Investigation, 95th Cong., 1st Sess. 18-19 (Comm. Print 1977). Members should be aware, however, that the law remains on the books."
In June 2007, Representative Steve King
introduced legislation that would prohibit Speaker of the House
Nancy Pelosi
from drawing on Federal funds to travel to foreign states which the U.S. deems to sponsor terrorism. King claimed that Pelosi's dialogue with the Syrian government violated the Logan Act. The amendment was not adopted.
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, punishable under federal law with imprisonment of up to three years.
The text of the Act is broad and is addressed at any attempt of a US citizen to conduct foreign relations without authority. However, there is no record of any conviction
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
s or even prosecutions under the Logan Act.
Background
Passed under the administration of PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
John Adams
John Adams
John Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...
, during tension between the U.S. and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, it was informally named for Dr. George Logan
George Logan
George Logan was an American physician, farmer, legislator and politician from Philadelphia County, Pennsylvania. He served in the Pennsylvania state legislature and represented Pennsylvania in the United States Senate. He was a founder of the Democratic-Republican Societies in 1793...
of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, a state legislator (and later US Senator) and pacifist who in 1798 engaged in semi-negotiations with France during the Quasi-War
Quasi-War
The Quasi-War was an undeclared war fought mostly at sea between the United States and French Republic from 1798 to 1800. In the United States, the conflict was sometimes also referred to as the Franco-American War, the Pirate Wars, or the Half-War.-Background:The Kingdom of France had been a...
.
Kevin Kearney, writing in the Emory Law Journal, described Dr. Logan's activities in France:
Despite the apparent success of Logan's mission, his activities aroused the opposition of the Federalist Party in Congress, who were resentful of the praise showered on Logan by oppositional Democratic-Republican newspapers. Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
Timothy Pickering
Timothy Pickering
Timothy Pickering was a politician from Massachusetts who served in a variety of roles, most notably as the third United States Secretary of State, serving in that office from 1795 to 1800 under Presidents George Washington and John Adams.-Early years:Pickering was born in Salem, Massachusetts to...
, also of Pennsylvania, responded by suggesting that Congress "act to curb the temerity and impudence of individuals affecting to interfere in public affairs between France and the United States." The result was the Logan Act, which was pushed through by the Federalist majority (60-46 in the House; and 22-10 in the Senate) with relatively little debate.
Subsequently, Logan himself was appointed and then elected as a Democratic-Republican to the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
from Pennsylvania to fill the vacancy caused by the resignation of John Peter G. Muhlenberg
Peter Muhlenberg
John Peter Gabriel Muhlenberg was an American clergyman, Continental Army soldier during the American Revolutionary War, and political figure in the newly-independent United States...
and served from July 13, 1801, to March 3, 1807. He was unsuccessful in getting the Logan Act repealed. Logan declined to be a candidate for reelection. Nonetheless, despite the Logan Act, he went to England in 1810 on a private diplomatic mission as an emissary of peace in the period before the outbreak of the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
, but was not successful.
Text of the Logan Act
- § 953. Private correspondence with foreign governments.
- 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, with intent to influence the measures or conduct of any foreign government or of 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.
1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004).
Government action under the Act
In general, the Act is intended to prohibit American citizens without authority from interfering in relations between the United States and foreign governments. Although attempts have been made to repeal the Act, it remains law and at least a potential sanction to be used against anyone who without authority interferes in the foreign relations of the United States.Washington has threatened to use the act to stop Americans from negotiating with foreign governments. For example, in February 1941 Under Secretary of State Sumner Welles
Sumner Welles
Benjamin Sumner Welles was an American government official and diplomat in the Foreign Service. He was a major foreign policy adviser to President Franklin D. Roosevelt and served as Under Secretary of State from 1937 to 1943, during FDR's presidency.-Early life:Benjamin Sumner Welles was born in...
told the press that former President Herbert Hoover
Herbert Hoover
Herbert Clark Hoover was the 31st President of the United States . Hoover was originally a professional mining engineer and author. As the United States Secretary of Commerce in the 1920s under Presidents Warren Harding and Calvin Coolidge, he promoted partnerships between government and business...
might be a target for prosecution because of his negotiations with European nations over sending food relief.
The only known indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
under the Logan Act was one that occurred in 1803 when a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
indicted Francis Flournoy, a Kentucky farmer, who had written an article in the Frankfort
Frankfort, Kentucky
Frankfort is a city in Kentucky that serves as the state capital and the county seat of Franklin County. The population was 27,741 at the 2000 census; by population it is the 5th smallest state capital in the United States...
Guardian of Freedom under the pen name
Pen name
A pen name, nom de plume, or literary double, is a pseudonym adopted by an author. A pen name may be used to make the author's name more distinctive, to disguise his or her gender, to distance an author from some or all of his or her works, to protect the author from retribution for his or her...
of "A Western American." In the article, Flournoy advocated a separate nation in the western part of the United States that would ally with France. The United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for Kentucky, an Adams appointee and brother-in-law of Chief Justice John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
, went no further than procuring the indictment of Flournoy. The purchase of the Louisiana Territory
Louisiana Purchase
The Louisiana Purchase was the acquisition by the United States of America of of France's claim to the territory of Louisiana in 1803. The U.S...
later that year appeared to cause the separatism issue to become moot.
In the only other known case, US citizen John D. Martin, a prisoner of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
in North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
, was brought before a court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
for collaborating with North Korean authorities and conducting "re-education" classes in the prison camp where he was held. The case was dismissed because the court-martial had no jurisdiction over acts he committed after the expiration of his enlistment.
In 1967, an indictment was seriously considered against Stokely Carmichael
Stokely Carmichael
Kwame Ture , also known as Stokely Carmichael, was a Trinidadian-American black activist active in the 1960s American Civil Rights Movement. He rose to prominence first as a leader of the Student Nonviolent Coordinating Committee and later as the "Honorary Prime Minister" of the Black Panther Party...
for his visit that year to Hanoi
Hanoi
Hanoi , is the capital of Vietnam and the country's second largest city. Its population in 2009 was estimated at 2.6 million for urban districts, 6.5 million for the metropolitan jurisdiction. From 1010 until 1802, it was the most important political centre of Vietnam...
during the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
. No action, however, was taken.
In 1975, Senators John Sparkman
John Sparkman
John Jackson Sparkman was an American politician from the state of Alabama. A conservative Southern Democrat, Sparkman served in the U.S. House of Representatives and the U.S. Senate from 1937 until 1979. He was the Democratic Party's nominee for Vice President as Adlai Stevenson's running mate in...
and George McGovern
George McGovern
George Stanley McGovern is an historian, author, and former U.S. Representative, U.S. Senator, and the Democratic Party nominee in the 1972 presidential election....
were accused of violating the Logan Act when they traveled to Cuba and met with officials there. In considering that case, the U.S. Department of State concluded:
In 1984, President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
stated that the activities of the Reverend Jesse Jackson
Jesse Jackson
Jesse Louis Jackson, Sr. is an African-American civil rights activist and Baptist minister. He was a candidate for the Democratic presidential nomination in 1984 and 1988 and served as shadow senator for the District of Columbia from 1991 to 1997. He was the founder of both entities that merged to...
, who had traveled to Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
and Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
that year and had returned with several Cuban political prisoners seeking asylum in the United States, may have violated the Logan Act; but Jackson was never indicted.
In 1987 and 1988, President Reagan was furious at what he felt to be House Speaker Jim Wright
Jim Wright
James Claude Wright, Jr. , usually known as Jim Wright, is a former Democratic U.S. Congressman from Texas who served 34 years in the U.S. House of Representatives and was the Speaker of the House from 1987 to 1989.-Early life:...
's "intrusion" into the negotiations between Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
's Sandinista government and the Contras
Contras
The contras is a label given to the various rebel groups opposing Nicaragua's FSLN Sandinista Junta of National Reconstruction government following the July 1979 overthrow of Anastasio Somoza Debayle's dictatorship...
for a cease-fire in the long civil war. The National Security Council
United States National Security Council
The White House National Security Council in the United States is the principal forum used by the President of the United States for considering national security and foreign policy matters with his senior national security advisors and Cabinet officials and is part of the Executive Office of the...
considered using the Logan Act to muzzle Wright, but nothing ever came of it.
Constitutionality of the Act
There has been little judicial discussion of the constitutionality of the Logan Act.In United States v. Curtiss-Wright Export Corp.
United States v. Curtiss-Wright Export Corp.
United States v. Curtiss-Wright Export Corp., 299 U.S. 304 , was a United States Supreme Court case involving principles of both governmental regulation of business and the supremacy of the executive branch of the federal government to conduct foreign affairs.-The Facts:In Curtiss-Wright, the...
(1936), however, Justice Sutherland
George Sutherland
Alexander George Sutherland was an English-born U.S. jurist and political figure. One of four appointments to the Supreme Court by President Warren G. Harding, he served as an Associate Justice of the U.S...
wrote in the majority opinion: "[T]he President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it." Sutherland also notes in his opinion the Senate Committee on Foreign Relations report to the Senate of February 15, 1816:
The Southern District of New York in Waldron v. British Petroleum Co., 231 F. Supp. 72 (S.D.N.Y. 1964), mentioned in passing that the Act was likely unconstitutional due to the
vagueness of the terms "defeat" and "measures," but did not rule on the question.
In a memorandum dated September 29, 2006, and entitled "MEMORANDUM FOR ALL MEMBERS AND OFFICERS, from the Committee on Standards of Official Conduct of the United States House of Representatives, regarding the subject of "Post-Employment and Related Restrictions for Members and Officers," members of the House who were leaving office were cautioned regarding activities that may implicate the Logan Act: 'Members should further be aware of a permanent federal statutory restriction that prohibits any U.S. citizen acting without authority of the United States from: "Directly or indirectly commencing or carrying on any correspondence or intercourse with any foreign government, or any officer or agent thereof, with the intent to influence the measures or conduct of any foreign government or of 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.'"
The House memo goes on to state that the Logan Act "has never been the basis of a prosecution, and this Committee has publicly questioned its constitutionality. House Comm. on Standards of Official Conduct, Manual of Offenses and Procedures, Korean Influence Investigation, 95th Cong., 1st Sess. 18-19 (Comm. Print 1977). Members should be aware, however, that the law remains on the books."
Proposed congressional actions
The chair of the House Judiciary Committee in the 109th Congress, F. James Sensenbrenner of Wisconsin, proposed a comprehensive revision and modernization of the federal criminal code in 2006. The bill, H.R. 6253, was not enacted into law. What is noteworthy is that the Logan Act was significantly revamped in the proposed legislation to prohibit only knowingly false statements made under oath. The section revising the Logan Act was proposed to read as follows:In June 2007, Representative Steve King
Steve King
Steven Arnold "Steve" King is the U.S. Representative for , serving since 2003. He is a member of the Republican Party.The district is located in the western part of the state and includes Sioux City and Council Bluffs....
introduced legislation that would prohibit Speaker of the House
Speaker of the United States House of Representatives
The Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
Nancy Pelosi
Nancy Pelosi
Nancy Patricia D'Alesandro Pelosi is the Minority Leader of the United States House of Representatives and served as the 60th Speaker of the United States House of Representatives from 2007 to 2011...
from drawing on Federal funds to travel to foreign states which the U.S. deems to sponsor terrorism. King claimed that Pelosi's dialogue with the Syrian government violated the Logan Act. The amendment was not adopted.
See also
- Alien and Sedition ActsAlien and Sedition ActsThe Alien and Sedition Acts were four bills passed in 1798 by the Federalists in the 5th United States Congress in the aftermath of the French Revolution's reign of terror and during an undeclared naval war with France, later known as the Quasi-War. They were signed into law by President John Adams...
- Article III, Section 3: Treason
- Espionage ActEspionage Act of 1917The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
Further reading
- Roth, Brad R. 1993. "The First Amendment in the Foreign Affairs Realm: 'Domesticating' the Restrictions on Citizen Participation." Temple Political and Civil Rights Law Review 2 (spring).