pendent 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.' The rapidity of its movements has been in a 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 benefi 1 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 postoffices, 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 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 mail-coaches was not introduced until 1782." cent power, whose operations can scarcely be applied, except for good, and accomplish 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. 1 § 1121. 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 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. 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 confederation, 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 postoffices in every state to its own regulation,) and the postage, that could be taken, was not allowed to be be 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. yond 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.1 § 1122. 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. § 1123. Upon the construction of this clause of the constitution, two opposite opinions have been expressed. One maintains, that the power to establish postoffices 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. Or, as it has been on other occasions expressed, the power to establish post-roads is a power to designate, or point out, what roads shall be mail-roads, and the right of passage or way along them, when so designated. The other maintains, that although these modes of exercising the power are perfectly constitutional; yet they are not the whole of the power, and do not exhaust it. On the contrary, the power comprehends the right to make, or construct any roads, which congress may deem proper 1 See Sergeant on Const. Introduction, p, 17, (2d Edition.) 2 Journal of Convention, 220, 256, 257, 261, 357. 3 4 Elliot's Debates, 279. 4 4 Elliot's Debates, 354; Ibid. 233. for the conveyance of the mail, and to keep them in due repair for such purpose. § 1124. The grounds of the former opinion seem to be as follows. The power given under the confederation never practically received any other construction. Congress never undertook to make any roads, but merely designated those existing roads, on which the mail should pass. At the adoption of the constitution there is not the slightest evidence, that a different arrangement, as to the limits of the power, was contemplated. On the contrary, it was treated by the Federalist, as a harmless power, and not requiring any comment. The practice of the government, since the adoption of the constitution, has conformed to this view. The first act passed by congress, in 1792, is entitled "an act to establish post-offices and post-roads." The first section of this act established many post-offices as well as postroads. It was continued, amended, and finally repealed, by a series of acts from 1792 to 1810; all of which acts have the same title, and the same provisions declaring certain roads to be post-roads. From all of which it is manifest, that the legislature supposed, that they had established post-roads in the sense of the constitution, when they declared certain roads, then in existence, to be post-roads, and designated the routes, along which the mails were to pass. As a farther proof. upon this subject, the statute book contains many acts passed at various times, during a period of more than twenty years, discontinuing certain post-roads. A strong argument is also derivable from the practice of continental Europe, which must be presumed to have been known to the framers of the constitution. Different 1 The Federalist, No. 42. 2 4 Elliot's Debates, 354. 2 nations in Europe have established posts, and for mutual convenience have stipulated a free passage for the posts arriving on their frontiers through their territories. It is probable, that the constitution intended nothing more by this provision, than to enable congress to do by law, without consulting the states, what in Europe can be done only by treaty or compact. It was thought necessary to insert an express provision in the constitution, enabling the government to exercise jurisdiction over ten miles square for a seat of government, and of such places, as should be ceded by the states for forts, arsenals, and other similar purposes. It is incredible, that such solicitude should have been expressed for such inconsiderable spots, and yet, that at the same time, the constitution intended to convey by implication the power to construct roads throughout the whole coun-try, with the consequent right to use the timber and soil, and to exercise jurisdiction over them. It may be said, that, unless congress have the power, the mailroads might be obstructed, or discontinued at the will of the state authorities. But that consequence does not follow; for when a road is declared by law to be a mail-road, the United States have a right of way over it; and, until the law is repealed, such an interest in the use of it, as that the state authorities could not obstruct it.' The terms of the constitution are perfectly satisfied by this limited construction, and the power of congress to make whatever roads they may please, in any state, would be a most serious inroad upon the rights and jurisdiction of the states. It never could have been contemplated.2 1 4 Elliot's Debates, 354, 355. 2 Aware of the difficulties attendant upon this extremely strict construction, another has been attempted, which is more liberal, but which |