power. In England, the power to regulate weights and measures is said by Mr. Justice Blackstone to belong to the royal prerogative.2 But it has been remarked by a learned commentator on his work, that the power cannot, with propriety, be referred to the king's prerogative; for, from Magna Charta to the present time, there are above twenty acts of parliament to fix and establish the standard and uniformity of weights and measures.3 § 1123. The next power of congress is "to provide for the punish"ment of counterfeiting the securities and current coin of the United "States." This power would naturally flow, as an incident, from the antecedent powers to borrow money, and regulate the coinage; and, indeed, without it those powers would be without any adequate sanction. This power would seem to be exclusive of that of the states, since it grows out of the constitution, as an appropriate means to carry into effect other delegated powers, not antecedently existing in the states. [The power conferred upon congress by this clause has been held not to prevent the states from passing laws to punish the circulation of counterfeit coin of the United States, but merely to prohibit them from punishing the act of counterfeiting, a distinction being taken between the offence of making counterfeit coin and that of passing it.5] 1 Art. 9. 3 1 Black. Comm. 276; Christian's note, (16.) 2 1 Black. Comm. 276. 4 See Rawle on Constitution, ch. 9, p. 103; The Federalist, No. 42. 5 [Fox v. State of Ohio, 5 Howard, S. C. R. 433. Mr. Justice McLean dissented, and stated in his opinion, "that the lamented Mr. Justice Story, when this case was discussed by the judges the last term that he attended the supreme court, and, if I mistake not, one of the last cases which was discussed by him in consultation, coincided with the views here presented," dissenting from the judgment of the court.] CHAPTER XVIII. POWER TO ESTABLISH POST-OFFICES AND POST-ROADS. § 1124. The next power of congress is, "to establish post-offices and "post-roads." The nature and extent of this power, both theoretically and practically, are of great importance, and have given rise to much ardent controversy. It deserves, therefore, a deliberate examination. It was passed over by the Federalist with a single remark, as a power not likely to be disputed, in its exercise, or to be deemed dangerous by its scope. The "power," says the Federalist, "of establishing post-roads must, in every view, be a harmless power; and may, perhaps, by judicious management, become productive of great public conveniency. Nothing, which tends to facilitate the intercourse between the states, can be deemed unworthy of the public care."1 One cannot but feel, at the present time, an inclination to smile at the guarded caution of these expressions, and the hesitating avowal of the importance of the power. It affords, perhaps, one of the most striking proofs, how much the growth and prosperity of the country have outstripped the most sanguine anticipations of our most enlightened patriots. § 1125. The post-office establishment has already become one of the most beneficent and useful establishments under the national government. It circulates intelligence of a commercial, political, intellectual, and private nature, with incredible speed and regularity. It thus administers in a very high degree, to the comfort, the interests, and the necessities of persons, in every rank and station of life. It brings the most distant places and persons, as it were, in contact with each other; and thus softens the anxieties, increases the enjoyments, and cheers the solitude of millions of hearts. It imparts a new influence and impulse to private intercourse; and, by a wider diffusion of The Federalist, No. 42. 21 Tuck. Black. Comm. App. 265; Rawle on the Const. ch. 9, p. 103. knowledge, enables political rights and duties to be performed with more uniformity and sound judgment. It is not less effective, as an instrument of the government in its own operations. In peace it enables it without ostentation or expense to send its orders, and direct its measures for the public good, and transfer its funds, and apply its powers, with a facility and promptitude which, compared with the tardy operations and imbecile expedients of former times, seem like the wonders of magic. In war it is, if possible, still more important and useful, communicating intelligence vital to the movements of armies and navies, and the operations and duties of warfare, with a rapidity, which, if it does not always insure victory, at least, in many instances, guards against defeat and ruin. Thus, its influences have become, in a public as well as private view, of incalculable value to the permanent interests of the union. It is obvious at a moment's glance at the subject, that the establishment in the hands of the states would have been wholly inadequate to these objects; and the impracticability of a uniformity of system would have introduced infinite delays and inconveniences; and burthened the mails with an endless variety of vexatious taxations and regulations. No one accustomed to the retardations of the post in passing through independent states on the continent of Europe, can fail to appreciate the benefits of a power which pervades the union. The national government is that alone, which can safely or effectually execute it, with equal promptitude and cheapness, certainty and uniformity. Already the post-office establishment realizes a revenue exceeding two millions of dollars, from which it defrays all its own expenses, and transmits mails in various directions over more than one hundred and twenty thousand miles. It transmits intelligence in one day to distant places, which, when the constitution was first put into operation, was scarcely transmitted through the same distance in the course of a week.1 The rapidity of its movements has been in a In the American Almanac and Repository published at Boston in 1830, (a very valuable publication,) there is, at page 217, a tabular view of the number of post-offices, and amounts of postage, and net revenue and extent of roads in miles travelled by the mail for a large number of years between 1790 and 1828. In 1790 there were seventy-five post-offices, and the amount of postage was $37,935, and the number of miles travelled was 1875. In 1828 there were 7530 post-offices, and the amount of postage was $1,659,915, and the number of miles travelled was 115,176. See also American Almanac for 1832, p. 134. And from Dr. Lieber's Encyclopædia Americana, (article Posts,) it appears, that in 1831, the amount of postage was $1,997,811, and the number of miles 6 VOL. II. general view doubled within the last twenty years. There are now more than eight thousand five hundred post-offices in the United States; and at every session of the legislature new routes are constantly provided for, and new post-offices established. It may, therefore, well be deemed a most beneficent power, whose operations can scarcely be applied, except for good, accomplishing in an eminent degree some of the high purposes set forth in the preamble of the constitution, forming a more perfect union, providing for the common defence, and promoting the general welfare. § 1126. Under the confederation, (art. 9,) congress was invested with the sole and exclusive power of "establishing and regulating post-offices from one state to another throughout the United States, and exacting such postage on the papers passing through the same, as may travelled 15,468,692. The first post-office ever established in America, seems to have been under an act of parliament, in 1710. Dr. Lieber's Encyc. Amer. article Posts. In Mr. Professor Malkin's Introductory Lecture on History, before the London University, in March, 1830, he states, (p. 14,) "It is understood, that in England the first mode adopted for a proper and regular conveyance of letters was in 1642, weekly, and on horseback to every part of the kingdom. The present improved system by mailcoaches was not introduced until 1782." [THE POST-OFFice Department. The progress of this branch of the public service, is illustrative of the rapid growth of the country, and the extension of the resources of our people their means of communicating intelligence, the advancement of population, and the settlement of the different sections of the union. The following table will show this progress: Thus, from the small beginning of 7,315 miles of annual mail carriage, and an expenditure of $40,000, has this arisen to be one of the most useful and important departments of our government, requiring the agency of about 14,000 postmasters and their clerks, 3,000 contractors, besides a large number connected with the department in various ways. To carry on the complicated machinery of the general post-office, in all its minute details, without confusion, requires system, method, and business talents of the highest order, foresight, capacity, and an attention to the business of the department unceasing and unremitting. Daily Advertiser, 1843 ] be requisite to defray the expenses of the said office." How little was accomplished under it will be at once apparent from the fact, that there were but seventy-five post-offices established in all the United States in the year 1789; that the whole amount of postage in 1790 was only $37,935; and the number of miles travelled by the mails only 1875.2 This may be in part attributable to the state of the country, and the depression of all the commercial and other interests of the country. But the power itself was so crippled by the confedera tion, that it could accomplish little. The national government did not possess any power, except to establish post-offices from state to state, (leaving perhaps, though not intended, the whole interior post-offices in every state to its own regulation,) and the postage, that could be taken, was not allowed to be beyond the actual expenses; thus shutting up the avenue to all improvements. In short, like every other power under the confederation, it perished from a jealousy, which required it to live, and yet refused it appropriate nourishment and sustenance.3 § 1127. In the first draft of the constitution, the clause stood thus, "Congress shall have power to establish post-offices." It was subsequently amended by adding the words " and post-roads," by the vote of six states against five; and then, as amended, it passed without opposition. It is observable, that the confederation gave only the power to establish and regulate post-offices; and therefore the amendment introduced a new and substantive power, unknown before in the national government. § 1128. Upon the construction of this clause of the constitution, two opposite opinions have been expressed. One maintains, that the power to establish post-offices and post-roads can intend no more, than the power to direct, where post-offices shall be kept, and on what roads the mails shall be carried.5 Or, as it has been on other occa 1 There is, in Bioren and Duane's Edition of the Laws of the United States, (vol. 1, p. 649, &c.) an account of the post-office establishment, during the revolution and before the constitution was adopted. Dr. Franklin was appointed, in July, 1775, the first postmaster-general. The act of 1782 directed, that a mail should be carried at least once in every week to and from each stated post-office. 2 American Almanac, 1830, p. 217; Dr. Lieber's Encyc. Amer. article Posts; ante, vol. iii. p. 24, note. * See Sergeant on Const. Introduction, p. 17, (2d edition.) ✦ Journal of Convention, 220, 256, 257, 261, 357. 54 Elliot's Debates, 279. |