Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-10-05


their intcrposition, in declaring that th'
canals and roads should be considered a,
public highways, K no higher tolls be i!n
posed than justice authorised.
Let rs put another case. Suppose state,
surrounded by other states, which carried
IN, through her territory, extensive com.
merce with each other, should, from i'll
VIII To them, either shut up her canals aud
roads or 10 suffer them To fall into such
state OF disorder as 10 cease to answer The
purposes tor whicli-t,ey were originally
intended. Would there b. no power in
Congress 10 direct their repair, or that
new roads or canals should bs msGe
III may be SAID that these are extreme
cases. But it may be answered that con-
su'o;'ons are made for extreme as well as
common cases, ssrd that il is mote pecu.
i,ary important that they should provide
tor The torlner than the latter, as the lat
terwiil generally take care Of themsc ives.
In the last place, tie constitution direct
!Iy gives 10 Congress The power {" to esta-
hl;sh post Offices and pos, roads,"
Bu', Notwithstanding the explictness of
this language, IL has been said that the
power to establish does not include the
power to make roads; that il rseans no
more than the designation oil the routes
which the mail shall travel.
This power is spec fed in the 9Th sec
ton OF the FIRST Art. OF the Constitution,
winch embraces an enumeration Of mos, /
OF the powers vested in Congress. Il is not, |
10 terms, gwen erciusipstg 10 Congress /; {
bat as II Is in the list of lhose power, !
~h'ch have invariably been considered as
such, for instance The pawer 10 regulate
commerce with foreign naiinns, 10 estab-
iisb an uniform rule of NATURALIZATION, Ia
com money, &c. we are authorised TO con-
s'der II of this description. Congress
then have the ercigs.ve power to esfa66sh
post-on'ces and hosfr6Gds. IT follows that
,tle power is den ed altogether to any y.
tier cody when Congress may sec fiji ex-l
ciusively 10 assume lis exercise. The
word es'a6bsh is of PLAN import. II en-
braces tw o points, tue making Of any thing,
and the maintaining il when made. When,
therefore, ia given TO Congress the exclu-
sise power 10 establish post.roads, there !
IS N'qpesIionabiy giyeu the pcwsr 10 make !
.sSn' ard - Gldin,sin them when 80 made I
hey may MIKE use " he states or s,C a
ny other assOclaiioss, or Of Individuals 10 |
cGnnnphsh he Object; bat the power win |
&c ~ HAT case entirely deriva,ive. and ~
qualified exercise by others viii no I'M
pair The original p9FAmoun power OF Con
Sfess. fhIs is tie critical meaning ofthe
ternis IN which this power is given. II
must, likewise have been The intention of
The ira'uers of the constitutions. They
were fully i,.ipressrd with the vast iHipor
tAflCe- ut ]
the general welfare of the conmunisv /
whether arising from national or nd-yIdu |
al concerns, They perceived that 10 ren
der u Promosye of these ends il was IS
seni.al that II should be free from al b
suucti9n or external Influence and ;ha
AZ should be under the direction of orc au
thoFTty1 instead of being exposed 10 he
varying and interfering provisions of Sc
yea'een, or more independent communj l.
ties. ,
10 the ehicaciouS discharge Of ghe do ,
ties OF this establishments. u is ind soensa. ,
bly, requisite that letters and papers should {
be conveyed from Ole part ofihe union to :
The other with ihe greatest at anab.e &c
le"ty- 30 Tar as respect. iaGiv,dusl pus-
SUIT, there IS not a fnerchsnt whose pro |,
perry - II sake. or any othef ind.eia,,ai
whose interest dee nv dep-hGs upo, Re
cev'rg or communicating isnpof,an, in
formation, that does not know tie vsl0.
al this trait; and with regard Is ths area
national objec(s its value is still erea.ep
should one paTl Of The union I've Invaded. /,
new imporiant that the inlorruaioa shoud +
reach the seat oil government with Oh, /
least possible delay, and that the measure
OF the government for meeting The dan 4
ger should be carried wrh disps,cb 20 The .
remo'est parts OF the union. How could !
this be done but by the establishment Of
good post roads Aud ,hls Interesting %.
lect the Convention wen knew could not 4
be eHe BY the divided councils of e
veal independent soyercignues. They
had perceived the .exltsne duicuity 81
bringing themto cooperate even ~ cases
where the salvation of the county loudly
claimed heir co-opgrayiop AID il waspfn
cipaiy 10 place every o5ject Of zen rsi !
nature on which ,he good Of al equally +;
depended, uofer one coynnun superin,en.
dance. instead a. suiering IL TO emsir. en-.