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. |