Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
We have been told that the liberty of the press is not secured by the new
Constitution. Be pleased to examine the Plan, and you will find that the
liberty of the press and the laws of Mahomet are equally affected by it.
The new government is to have the power of protecting literary property;
the very power which you have by a special act delegated to the present
congress. There was a time in England, when neither book, pamphlet, nor
paper could be published without a license from government. That restraint
was finally removed in the year 1694: and, by such removal, their press
became perfectly free, for it is not under the restraint of any license.
Certainly the new government can have no power to impose restraints. The
citizens of the United States have no more occasion for a second
declaration of rights, than they have for a section in favour of the
press. Their rights, in the several states, have long since been explained
and secured by particular declarations, which make a part of their several
constitutions. It is granted, and perfectly understood, that under the
government of the assemblies of the states, and under the government of
the congress, every right is reserved to the individual which he has not
expressly delegated to this, or that legislature. The other objections
that have been made to the new plan of government, are: That it absorbs
the powers of the several states; that the national judiciary is too
extensive; that a standing army is permitted; that congress is allowed to
regulate trade; that the several states are prevented from taxing exports
for their own benefit.
When Gentlemen are pleased to complain, that little power is left in the
hands of the separate states, they should be advised to cast an eye upon
the large code of laws, which have passed in this state since the peace.
Let them consider how few of those laws have been framed for the general
benefit of the nation. Nine out of ten of them are domestic; calculated
for the sole use of this state or of particular citizens. There must still
be use for such laws, though you should enable the congress to collect a
revenue for national purposes; and the collection of that revenue includes
the chief of the new powers, which are now to be committed to the
congress.
Public-domain text, read in full here on John Shaqi.
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