Dr. Franklin. On the whole, Sir, I can not help expressing a wish that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility, and to make manifest our unanimity, put his name to this instrument.
Mr. McBride, hitherto absent from the proceedings, rose to say he hoped it was as yet not too late to offer a minor amendment to Article, Section 8. Resolved --
The Congress shall have Power to promote the Profit Motive and the Progress of Science and useful Arts by securing to Authors and Inventors the exclusive Right to their respective Writings and Discoveries and by prohibiting the Distribution of Free Products, most particularly Free Soft Wares.
Mr. McBride. Gentlemen, it is my painful duty to inform you that there are rabble and malcontents who believe that soft wares must be free. No doubt this fact will be a source of outrage for you as much as it is for myself. The wayward opinions of such persons must not be allowed to prevail by those of us who understand that the motive of profit is the engine that ensures the progress of science.
Gov. Morris. Are we to take it that by soft wares, the honorable gentleman refers to linens and such? If so, the state of Pennsylvania most whole-heartedly agrees that such goods should not be offered without recompense. Indeed, tariffs and duties must be strictly applied whenever any article of this nature passes through our ports.
Mr. Hamilton expressed his anxiety that such goods could pass through the ports of the nation without proper levies being applied. Soft wares, he opined, might reasonably include paper goods and most especially printed documents.
Mr. Hamilton. Sirs, we must assure that seditious thoughts and ideas not be allowed to murder our fledgling federal government in its crib. I second the resolution, and add that a select group of electors be appointed by the several states to examine the copyrights of all soft wares to make most certain that they promote the progress of science and, indeed, the domestic tranquility.
Mr. Madison said he was troubled by the amendment, but he was advised by his colleagues from Virginia that it might be worthy of consideration should the convention consent to a slight alteration. Could not the prohibition on trafficking in free soft wares also guarantee that property of other forms not be made free? Tapestries and petticoats were not the form of property that was of great a concern to gentlemen of the South as ...
General Washington rose. Although his situation as President of the Convention had hitherto restrained him from offering his sentiments on questions depending in the House, yet he could not forbear expressing his wish that consideration of this and all further amendments cease so that the final draft might be put to a vote. Once enacted, the Constitution would allow for further amendments. If necessary, a whole Bill of Rights, including freedom from free soft wares, might be promulgated.
Whilst General Washington concluded his remarks, Dr. Franklin looked towards the President's Chair, at the back of which a rising sun happened to be painted. I have, said he, often and often in the course of the Session, and the vicissitudes of my hopes and fears as to its issue, looked at that behind the President without being able to tell whether it was rising or setting: But now at length I know that it is a rising and not a setting Sun, and I am even more certain that it is an exact replica of engravings of the rising Sun in my almanacs. I'm going to sue.
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