[312] Ibid., 1728.
[313] 12 Debates of Congress, 1724.
[314] Ibid., 1149. As a matter of fact practically all of the state constitutions contained provisions guaranteeing the freedom of the press. There was, however, liability for abuse in Maine, Connecticut, New York, Pennsylvania, Delaware, Kentucky, Tennessee, Indiana, Illinois, Ohio, Mississippi, Alabama and Missouri. The other constitutions gave unrestricted freedom, subject, of course, to the common law exceptions. See Niles’ Register, vol. xlix, 236.
[315] 12 Debates of Congress, 1103.
[316] Ibid., 1124. The House Committee on Postoffices and Postroads had the President’s message under consideration and “came to the conclusion by a vote of 6 to 3, in favor of the constitutionality and expediency of legislation, to restrain the mail circulation of these publications.” The majority, however, was unable to agree upon a bill. Ibid., 2944.
[317] 12 Debates of Congress, 1721. The analogy is noticeable between Calhoun’s bill and the Webb-Kenyon Act. The purpose of each was substantially the same,—to make state laws more effective. The latter simply excludes from interstate commerce intoxicating liquor intended to be used in violation of the law of destination, providing no penalties, and merely taking from the offender, when the state attempts to punish, his hitherto valid defense that the local authority was interfering with interstate commerce. See my papers, 1 California Law Review, 499 and 28 Harvard Law Review, 225.
[318] Hoke v. U. S., 227 U. S. 308 (1913).
[319] 1 Stat. L. 73.
[320] Golden v. Prince, 10 Fed. Cas. 542 (1814).
[321] Cooley v. Port Wardens, 12 How. 299 (1851).