The Same Subject Continued (The Powers Conferred by the Constitution Further Considered)
Madison: For The Independent Journal , Wednesday, January 23, 1788.
To the People of the State of New York:
The fourth class comprises the following miscellaneous powers:
- A power “to promote the progress of science and useful arts, by securing, for a limited time, to authors and inventors, the exclusive right to their respective writings and discoveries.”
The utility of this power will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain, to be a right of common law. The right to useful inventions seems with equal reason to belong to the inventors. The public good fully coincides in both cases with the claims of individuals. The states cannot separately make effectual provisions for either of the cases, and most of them have anticipated the decision of this point, by laws passed at the instance of Congress.
- “To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states and the acceptance of Congress, become the seat of the government of the United States; and to exercise like authority over all places purchased by the consent of the legislatures of the states in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.”