Then, said Mr Livingston, he will either restrict the members from speaking, or, in some way, prevent the people from knowing what has been said. How is this to be done? By shackling newspapers, and preventing that free communication of sentiment which has heretofore been expressed on public topics.
Mr Livingston avowed with pride the sentiments which he had uttered in the House, and to which gentlemen objected. He could not see how acts made contrary to the Constitution could be binding upon the people; unless gentlemen say Congress may act in contravention to the Constitution.
Mr Otis asked who were to be the judges?
Mr Livingston answered, the people of the United States. We, said he, are their servants; when we exceed our powers, we become their tyrants!*
By Edward Livingston 1764-1836
From ‘Great Debates in American History’ (?1913), edited by Marion Mills Miller (1864-1949).
* After much haggling the Bill crept over the line and became law as the Sedition Act (1798), with a sunset clause automatically repealing it in 1801. It was not renewed, and the Federalist Party that had pushed it through never recovered from the shame of it. The Americans should have learnt from the experience of the Government in England, which had just taken on the Morning Chronicle, and lost: see No Danger in Discussion.
Questions for Critics
1. What is the author aiming to achieve in writing this?
2. Note any words, devices or turns of phrase that strike you. How do they help the author communicate his ideas more effectively?
3. What impression does this passage make on you? How might you put that impression into words?
Based on The English Critic (1939) by NL Clay, drawing on The New Criticism: A Lecture Delivered at Columbia University, March 9, 1910, by J. E. Spingarn, Professor of Comparative Literature in Columbia University, USA.
About the Author
Edward Livingston (1764-1836) was a US statesman. After representing New York in Congress, he served as the city’s Mayor in 1801-1803. He returned to Congress, this time for Louisiana, in 1823-29. In 1831, he was appointed Secretary of State, moving two years later to the post of Minister to France. He retired from public service in 1835. Livingston was praised at home and in Britain for his proposed code of criminal law (never adopted) based on seeking reform rather than retribution. His brother Robert R. Livingston negotiated the Louisiana Purchase in 1803.
Archive
Find comments on this post on The Blog
Find this and neighbouring posts in The Archive
Find this post and others dated 1798 in The Tale of Years
Tags: Free Speech and Conscience (24) Extracts from Literature (640) History of the USA (25) Edward Livingston (1)
Word Games
Sevens Based on this passage
Suggest answers to this question. See if you can limit one answer to exactly seven words.
According to Livingston, what was it that only US citizens were competent to judge?
Suggestion
Whether the Government had broken the Constitution. (7 words)
Variations: 1.expand your answer to exactly fourteen words. 2.expand your answer further, to exactly twenty-one words. 3.include one of the following words in your answer: if, but, despite, because, (al)though, unless.
Jigsaws Based on this passage
Express the ideas below in a single sentence, using different words as much as possible. Do not be satisfied with the first answer you think of; think of several, and choose the best.
Suppose a law is unconstitutional. You cannot make the people obey it.
Variation: Try rewriting your sentence so that it uses one or more of these words: 1. Contravene 2. No 3. Otherwise
Spinners Find in Think and Speak
For each group of words, compose a sentence that uses all three. You can use any form of the word: for example, cat → cats, go → went, or quick → quickly, though neigh → neighbour is stretching it a bit.
This exercise uses words found in the accompanying passage.
1 Intend. People. Receive.
2 Consequence. Hear. Our.
3 Floor. Have. His.
Variations: 1. include direct and indirect speech 2. include one or more of these words: although, because, despite, either/or, if, unless, until, when, whether, which, who 3. use negatives (not, isn’t, neither/nor, never, nobody etc.)
High Tiles Find in Think and Speak
Make words (three letters or more) from the seven letters showing below, using any letter once only. Each letter carries a score. What is the highest-scoring word you can make?
Your Words ()
Show All Words (19)
Quoit. (14) Quid. (14) Quit. (13) Trod. (5) Dour. (5) Dirt. (5) Trio. (4) Tour. (4) Rout. (4) Rod. (4) Riot. (4) Rid. (4) Duo. (4) Dot. (4) Tor. (3) Rut. (3) Rot. (3) Out. (3) Our. (3)
Post Box : Help Available
You are welcome to share your creativity with me, or ask for help with any of the exercises on Clay Lane. Write to me at this address:
See more at Post Box.
If you like what I’m doing here on Clay Lane, from time to time you could buy me a coffee.
Buy Me a Coffee is a crowdfunding website, used by over a million people. It is designed to help content creators like me make a living from their work. ‘Buy Me a Coffee’ prides itself on its security, and there is no need to register.