This grant is a sequel to the preceding. The crime of counterfeiting is declared a felony, punishable by imprisonment, fine, etc. "7. To establish post-offices and post-roads." This proviso has given cause to many disputes. The meaning of the constitution obviously is to give Congress the right to establish post or mail lines, as we should express it at present. That for this purpose offices and officers are necessary, is a matter of course. There are roads wherever a mail line is needed, so that Congress is saved the trouble of building one. But this never was the meaning of the framers of the constitution, which is here worded in the old European law language. The Romans built roads for government use, with posts or relays, straight through the provinces, without regard to the communication, commerce, and correspondence. Our post business is no such thing, but a mere forwarding or express-line business, and properly speaking, no political business at all. It belongs, at present, naturally to those who form express and railroad lines. No government is instituted for the forwarding or express business, or the diffusion of knowledge, or the facilitating of social intercourse; free men do not require such things from their governments. Europe inherited such institutions from the Romans, and the governments found it to their interests, to make the forwarding of the letters of their subjects a source of revenue, and, at the same time, keep the contents of the correspondence under secret and open surveillance. It is managed thus by the English government, was transplanted to the colonies, and left with the Congress, to keep it there consolidated. Congress saw fit also to forbid private competition, which stamps the business as a monopoly. Upon such nonpolitical business time exercises a paramount influence. The forwarding of correspondence by mail or telegraph should be open to competition, and consequently to constant improvement. There is an invention spoken of to transport letters in tubes, by the pressure of air. If practicable, Congress will feel the injustice of monopolizing the letter-forwarding. By taking the words "establishing postroads" in the obsolete European or Roman sense of the business, the idea has sprung up that Congress has a right or is bound by the constitution to construct roads and improve rivers, generally called internal improvements, for the transportation of the mail; and has given cause to party disputes, and vetoed 66 laws. It has happened that the presidents generally were against this internal improvement policy, and Congress, the house of representatives especially, in favor of it. Viewing the matter in the light of the present age, Congress has the right to establish post or mail lines, with offices and officers, without forbidding free competition, and designate the roads over which these lines shall pass. If Congress were authorized to build roads, the word build or construct would have been used instead of "establish." LETTER XI. Locke. Sciences and Useful Arts. — Copyright. - Patents.-Progress of Science. — WE come now to fresh fields and pastures, the sciences and arts, and shall immediately see what the noble framers of the constitution thought of them. The law gives Congress on this point the power: "8. To promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Is this all? you will perhaps ask. Could they not say a word or two of national education, national universities, national agricultural bureaus or colleges, national scholarships? No, my dear children; they preferred not to say a single word about these things, because they could not afford to consider them as national political affairs, for which alone they had the power to make a constitution. But eminently wise men as they were, they took good care for justice in regard to the products of arts and sciences and the property rights of their authors in the Union. They had at this time made a great step forward. There are still govern ments which leave those rights but little protected. The consequence of this clause are the patent-office and copyright laws. The wisdom of controlling this business in Congress is obvious. Authors, artists, and inventors divulge their works, not with the intention to lose by it, but for their and others' benefit. But the act of publication would be mere loss if the law would not secure their property rights. This instance is again a proof of the immense value of our Union for the welfare of individuals and society at large. You have seen that by certain grants to Congress the liberty of commerce has been secured in the Union, binding to it the numerous trading classes. You meet here a grant which links the literary, artistic, and mechanical public to the confederation. This policy benefits directly and indirectly the agricultural class. Who and what are then the men, my dear children, who can dare to speak, nay, to think of the dissolution of this Union! Can it be men who ever read this constitution, or witnessed its working? A government has, strictly speaking, no force to effectually promote the real progress of science and arts, however ample the financial resources should be at its disposal; because this progress is dependent upon circumstances over which men have very little control. The real progress of science is the ripening of the understanding. This is a work of exceedingly slow advancement, as Locke has already observed. Useful occupation, early industrial habits, study, that is, select reading, good domestic example, improve the understanding more than doctrines, theories, novels, etc. Political officers, who are too often mere instruments of party, can do here nothing that society may not do as well and better; because arts and sciences belong to free social business, and not to political. To tax one for the purpose of raising the school-money for another would be unjust, it being beside doubtful whether such a support is indeed for his benefit and that of society or not. Education is a part of the destiny of man. We must not organize destiny. The more liberty and variety in education the better. Circumscribed schooling and instruction does not make better men. I wish not to be taxed for the schooling of a Robespierre, or to raise a fund for speculators. The Englishman Smithson did not understand our constitution; otherwise he would not have bestowed upon Congress a legacy for the diffusion of knowledge; because Congress has nothing to do with such business. He, of course, a European, was not aware that we commit the care of that to writers, editors, publishers, preachers, lecturers, speakers, liberal wealthy men, amateurs of arts and sciences, associations, or, if you please, to every body, nurses and mothers included. Congress would have acted upon truly American principles in declining this curious stipend, which is but a national bore. It is impossible that even our governments, constantly coming fresh from the people as they are, can keep pace with our free society in such things. Our press is absolutely free; not so in Europe. It divulges events, discoveries, ideas, and projects, with a rapidity so great that stable formal governments in a race with it will always be behind time. To bring schools and sciences in contact with party is most objectionable. Still, all this is entirely different in Europe, which we are too prone to imitate in such things. The political patronage bestowed there upon sciences and arts is a part of that general favorite and pension policy peculiar to all monarchies, which is calculated to make the talent loyal and submissive. If it dares to be independent it is suspected, neglected, and even persecuted. Beside, my dear children, sciences and arts serve satan as much as God; bogus as much as truth; error and superstition as much as reason. Goethe, a highly gifted and prolific writer, as you know, says pertly, “Books are written to show our errors." My letters may also contain some: try to find them out. In what light do then appear books or sciences and arts originating with governments? to show their errors? Do we organize governments for this purpose? This provision of our constitution is required by justice, and is sufficient for all practical purposes. All publications at public expense, emanating from the patentoffice, etc., are simply unconstitutional and exceedingly unamerican. You will excuse this word. But our society is unique ; something per se; and chiefly in consequence of our excellent constitution, which expressly starts from the principle that the government shall not interfere with the social affairs, but only take good care for their protection; and never intended that Congress should become a book-publishing concern, or look out for teaching languages, for arts, seeds, pruning, gardening, fishing, camels, etc. The question what is useful and necessary in regard to sciences and arts, belongs to society to decide. She will judge fairly according to time, circumstances, and the laws of nature. For this very purpose we want to be free, in order that talent and its world-ruling influence may not be crippled nor led astray by the force or patronage of governments. "People in the United States are willing to bow to the sway of mind. We have done with the remnants of by-gone times, when bodily strength or military prowess and skill conferred wealth, distinction, and worldly greatness, and was rewarded by privileges, caste, primogeniture, nobility, crowns,” etc. But the influence of mind must not be hostile to order and established justice. Under our federal constitution are widely opened all facilities for the expansion of the mind, the availability of talent, and the culture of sciences and arts. These flourish best when not stimulated or subsidized by governments. Those which can not grow upon the broad field of liberty and under the protective shelter of a constitution like ours, are useless for society, although they may find a place among imported exotics in the luxurious conservatories of the rich, who can pay for them. In every respect the federal constitution has been framed to make her time-proof, and therefore she keeps wisely clear of scientific ideals, speculations, Parisian fraternity, socialism, Fourierism (by-the-by a very old ism), and all similar schemes. We have to guard her like a jewel against the rough hands of tampering, wicked politicians. But let me stop, that you may not feel alarmed about the length of my letters. LETTER XII. Inferior Courts. - United States District Courts. - Piracies. - Felonies.Law of Nations. Ocean Police. - Branches of the Ocean. - English Law curiosity. War. - Letters of Marque and Reprisal. — Captures on Land and Water. -Justice the end of Wars. - Court of Nations. -Jurisdiction of Congress. War defensive or aggressive. — Property of Neutrals. WE lapse again for a little while into lawyer business. The constitution requires of Congress : "9. To constitute tribunals inferior to the supreme court." This is a necessary proviso; for the good administration of justice requires a judicious distribution of the judicial business among |