[74] The evidence of a man confessing himself guilty of the same crime is undoubtedly admissable, but it is generally, and ought to be always received with great suspicion, and other circumstances should be required to corroborate it.

[75] One of the powers given to Congress is, “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” I am convinced Mr. Mason did not mean to refer to this clause. He is a gentleman of too much taste and knowledge himself to wish to have our government established upon such principles of barbarism as to be able to afford no encouragement to genius.

[76] Some might apprehend, that in this case as New England would at first have the greatest share of the carrying trade, the vessels of that country might demand an unreasonable freight. But no attempt could be more injurious to them as it would immediately set the Southern States to building, which they could easily do, and thus a temporary loss would be compensated with a lasting advantage to us; the very reverse would be the case with them. Besides, that from that country alone there would probably be competition enough for freight to keep it on reasonable terms.

[77] If this provision had not been made in the new constitution no author could have enjoyed such an advantage in all the United States, unless a similar law had constantly subsisted in each of the States separately.

[78] Those gentlemen who gravely tell us that the militia will be sufficient for this purpose, do not recollect that they themselves do not desire we should rely solely on a militia in case of actual war, and therefore in the case I have supposed they cannot be deemed sufficient even by themselves, for when the enemy landed it would undoubtedly be a time of war, but the misfortune would be, that they would be prepared; we not. Certainly all possible encouragement should be given to the training of our militia, but no man can really believe that they will be sufficient, without the aid of any regular troops, in time of foreign hostility. A powerful militia may make fewer regulars necessary, but will not make it safe to dispense with them altogether.

[79] I presume we are not to be deemed in a state of war whenever any Indian hostilities are committed on our frontiers. If that is the case I don’t suppose we have had six years of peace since the first settlement of the country, or shall have for fifty years to come. A distinction between peace and war would be idle indeed, if it can be frittered away by such pretences as those.


INDEX.