the establishment was re-organized, and, instead of a mere appointment and designation of post-offices, provision was made, "that a continued communication of posts throughout the United States shall be established and maintained," &c.; and many other regulations were made wholly incompatible with the narrow construction of the words now contended for.1 § 1126. The constitution itself also uniformly uses the word "establish" in the general sense, and never in this peculiar and narrow sense. It speaks in the preamble of one motive being, "to establish justice," and that the people do ordain and establish this constitution. It gives power to establish an uniform rule of naturalization and uniform laws on the subject of bankruptcies. Does not this authorize congress to make, create, form, and construct laws on these subjects? It declares, that the judicial power shall be vested in one supreme court and in such inferior courts, as congress may, from time to tinie, ordain and establish. Is not a power to establish courts a power to create, and make, and regulate them? It declares, that the ratification of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same. And in one of the amendments, it provides, that congress shall make no law respecting an establishment of religion. It is plain, that to construe the word in any of these cases, as equivalent to designate, or point out, would be absolutely absurd. The clear import of the word is, to create, and form, and fix in a settled manner. Referring it to the subject matter, the sense, in no instance, can be mistaken. Το 1 Ordinance, 18 Oct. 1782; 1 U. S. Laws, (Bioren & Duane,) 651; 7 Journ. of Congress, 503. 2 Sce 4 Elliot's Debates, 356. establish courts is to create, and form, and regulate them. To establish rules of naturalization is to frame and confirm such rules. To establish laws on the subject of Το bankruptcies is to frame, fix, and pass them. establish the constitution is to make, and fix, and erect it, as a permanent form of government. In the same manner, to establish post-offices and post-roads is to frame and pass laws, to erect, make, form, regulate, and preserve them. Whatever is necessary, whatever is appropriate to this purpose, is within the power. § 1127. Besides; upon this narrow construction, what becomes of the power itself? If the power be to point out, or designate post-offices, then it supposes, that there already exist some offices, out of which a designation can be made. It supposes a power to select among things of the same nature. Now, if an office does not already exist at the place, how can it be designated, as a post-office? If you cannot create a post-office, you can do no more, than mark out one already existing. In short, these rules of strict construction might be pressed still farther; and, as the power is only given to designate, not offices, but postoffices, the latter must be already in existence; for otherwise the power must be read, to designate what offices shall be used, as post-offices, or at what places post-offices shall be recognised; either of which is a departure from the supposed literal interpretation. § 1128. In the next place, let us see, what upon this narrow interpretation becomes of the power in another aspect. It is to establish post-offices. Now, the argument supposes, that this does not authorize the purchase or erection of a building for an office; but it does necessarily suppose the authority to erect or create an office; to regulate the duties of the officer; and to fix a place, (officina) where his business is to be performed. It then unavoidably includes, not merely a power to designate, but a power to create the thing intended, and to do all other acts to make the thing effectual; that is, to create the whole system appropriate to a postoffice establishment. Now, this involves a plain departure from the very ground of the argument. It is no longer a power to designate a thing, or mark out a route; but it is a power to create, and fix every other thing necessary and appropriate to post-offices. The argument, therefore, resorts to implications in order to escape from its own narrow interpretation; and the very power to designate becomes a power to create offices and frame systems, and institute penalties, and raise revenue, and make contracts. It becomes, in fact, the very thing, which the other argument supposes to be the natural sense, viz. the power to erect, and maintain a post-office establishment. § 1129. Under any other interpretation, the power itself would become a mere nullity. If resort be had to a very strict and critical examination of the words, the power "to establish post-offices" imports no more, than the power to create the offices intended; that done, the power is exhausted; and the words are satisfied. The power to create the office does not necessarily include the power to carry the mail, or regulate the conveyance of letters, or employ carriers. The one may exist independently of the other. A state might without absurdity possess the right to carry the mail, while the United States might possess the right to designate the post-offices, at which it should be opened, and provide the proper officers; or the converse powers might belong to each. It would not be impracticable, though it would be extremely inconvenient and embarrassing. Yet, no man ever imagined such a construction to be justifiable. And why not? Plainly, because constitutions of government are not instruments to be scrutinized, and weighed, upon metaphysical or grammatical niceties. They do not turn upon ingenious subtleties; but are adapted to the business and exigencies of human society; and the powers given are understood in a large sense, in order to secure the public interests. Common sense becomes the guide, and prevents men from dealing with mere logical abstractions. Under the confederation, this very power to establish post-offices was construed to include the other powers already named, and others far more remote. It never entered into the heads of the wise men of those days, that they possessed a power to create post-offices, without the power to create all the other things necessary to make post-offices of some human use. They did not dream of post-offices without posts, or mails, or routes, or carriers. It would have been worse than a mockery. Under the confederation, with the strict limitation of powers, which that instrument conferred, they put into operation a large system for the appropriate purposes of a post-office establishment.1 No man ever doubted, or denied the constitutionality of this exercise of the power. It was largely construed to meet the obvious intent, for which it was delegated. The words of the constitution are more extensive, than those of the confederation. In the latter, the words to establish "post-roads" are not to be found. These words were certainly added for some purpose. And if any, for what other purpose, than to enable congress to lay out and make roads?? 1 See Act of 18th of October, 1782. 24 Elliot's Debates, 356. § 1130. Under the constitution congress has, without any questioning, given a liberal construction to the power to establish post-offices and post-roads. It has been truly said, that in a strict sense, "this power is executed by the single act of making the establishment. But from this has been inferred the power and duty of carrying the mail along the post-road from one postoffice to another. And from this implied power has been again inferred the right to punish those, who steal letters from the post-office, or rob the mail. It may be said with some plausibility, that the right to carry the mail, and to punish those, who rob it, is not indispensably necessary to the establishment of a post-office and a post-road. This right is indeed essential to the beneficial exercise of the power; but not indispensably necessary to its existence." 1 § 1131. The whole practical course of the government upon this subject, from its first organization down to the present time, under every administration, has repudiated the strict and narrow construction of the words above mentioned. The power to establish postoffices and post-roads has never been understood to include more, than the power to point out and designate post-offices and post-roads. Resort has been constantly had to the more expanded sense of the word "establish ;" and no other sense can include the objects, which the post-office laws have constantly included. Nay, it is not only not true, that these laws have stopped short of an exposition of the words sufficiently broad to justify the making of roads; but they have included exercises of power far more remote from the 1 M'Culloch v. Maryland, 4 Wheat. R. 316, 417. 2 See the laws referred to in Post-Master-General v. Early, 12 Wheat. R. 136, 144, 145. |