93 Nassau Street, JANUARY 26, 1880. GENTLEMEN OF THE DEFENSE COMMITTEE: You request a few words to introduce a reissue of ny Faneuil Hall Speech for general circulation. 1. As to the style and tone of that speech, I wish it to be remembered that it was delivered to an indignation meeting in the warmest sense of the term; and that any expressions, apparently disrespectful to the Courts or Judges or "Powers that be," must be allowed for in the same way that much was 'pardoned to the Spirit of Liberty' in the Abolition and Republican reviews of the Dred Scott decision. 2. As to the substance of the argument I have never heard any answer to it, and I do not believe that any can be made. The Federal Government of the United States is one of powers specially granted and limited by the Constitution. The claim that, because these powers are exercised through Departments, that, therefore, it can use these Departments (e. g. the United States Postal Department for any ulterior, political, moral, or criminal purposes it may fancy, is simply to throw away the Constitution, and to give the General Government unlimited criminal and other jurisdiction, and, in the end, absolute power. The second part of the argument is equally unanswerable, to wit, that this Legislation "abridges the freedom of the press," and, therefore, the liberty of the people. The Post Office is the necessity of every civilized person, and the principal means of publication. Every person has a free and equal right to its use, and to the right of publication by it without prior restraint, espionage, or forfeiture of his property. He is liable for the abuse of these rights just as he is liable for other abuses, but he cannot be constitutionally deprived of them before hand by a Postal Censorship established by Congress. 3. The importance of this subject is growing more apparent from day to day. Where the inch was usurped the ell is being taken. From supervision of "improper" matter, our Postal Censors have included Lotteries, and they are now busily engaged upon the correspondence of the Brokers of Wall street. The plea of necessity, and a little |