Put yourself in the 1830s-1840s United States. What was the most disruptive, anti-establishment, anti-authoritarian activity going on at the time? Abolitionist, anti-slavery advocacy, organized nationally through written correspondence. These rabble-rousers threatened to upset the social, cultural, and economic balance of a young nation. Who cares about pesky considerations like the morality of slavery? In that mindset, then-President and authoritarian poster-boy Andrew Jackson urged Congress to pass laws allowing federal government surveillance of mail and the prohibition of sending “incendiary” material through the mail.
If this power, so absolute over its own mails, were also an exclusive one over all mails, it would be incomparably the most tyrannical, if not the only purely tyrannical feature of the government. The other despotic powers, such as those of unlimited taxation, and unlimited military establishments, may be perverted to purposes of oppression. Yet it was necessary that the powers should be entrusted to the government, for the defence of the nation. But an exclusive and unqualified power over the transmission of intelligence, has no such apology. It has no adaptation to facilitate any thing but the operations of tyranny. It has no aspect whatever, that is favourable either to the liberty or the interests of the people. It is a power that is impossible to be exercised at all, without being exerted unjustifiably. The very maintenance of the exclusive principle involves a tyranny, and a destruction of individual rights, that are now, and ever must be, felt through every ramification of society. The power is already exerted to the great obstruction of commercial intelligence, and nearly to the destruction of all social correspondence, except among the wealthy. But that we are accustomed to such fetters, we would not submit to them for a moment.
To what further extent of tyranny and mischief, this power, in the future growth of the country, may be exerted, we cannot foresee. But the only absolute constitutional guaranty, that the people have against all these evils and dangers, is to be found in the principle, that they have the right, at pleasure, to establish mails of their own. And if the people should now surrender this principle, they would thereby prove that their minds are most happily adapted to the degradation of slavery.
Sadly, I think Spooner would see a lot that he would recognize today.