Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-12


my honorable friend from Virginia, Mr.. Ar
cher,) that " to establish" most generally
neaus only Ia communicate the attributes oi
perinanence and stability aud that, in re!a-
ton I" physical "i,I"ri$, II never means Z" To
make" merely. But, IL viii b. apparent Ia ihe
gcnt!cnian, Uu "A mOnents rcGvciup, tina, II
is often used in reference even 10 pl:y steal
objects, 10 convey the two fold idea Ui
.'' cIediing AND aakm@ FeSniGment." The
meaning of the word must depend, in
every case, upon the subject matter Ia
which II re'a,cs.--An authority, for i'll
stance, To establish post road where road
already exists, would not, in terms, convey a
right tn make the road because the language,
in its more comprehensive Specification, would
have nothing upon which to operate. But,
an authority To establish Il post road through
Il wilderness would most certainly be interpre-
ted To convey, by the mere force of the terms,
the right tn make the road, as well as ~ com
nhunicate 10 it certain legal attributes.
But, sir, i'm giving construction to pow
er of this description, we must ascend to
much higher principles than either law books
or leXicOns can furnish. We must look To the
great objects which it was designed To ac-
complish, and give it such an Interpretation
as will most eflectually promote Them. What,
then, are those objects The power to estab-
lish post offices aud post roads, simple as it
may appear, Is one of the most important
which belongs Ia Congress. Regarding the
vast extent of our country, and the principles
OF our government it is obvious to remark
that il is of vital consequence to the liberties
of the republic. Ii il The representative prin-
ciple that imparts Ia this government the
character of freedom. And what can be more
essential To the esscient operation of this prin-
ciplr than the rapid and regular Transmission
OF political intelligence from the seat of lcgis-
iatiun 10 the remOtest extremes of the Uniun I?
Even a free press, one of the essential ee-
m"nts OF representative system, of such I'M
!precedentcd extent as ours, would be COM
paratively useless without an active and COM
prehensve system of mail communication. A
constant interchange Of intelligence and senti-
ment between the government and the peo-
pie is essential TO the character of bOffI.-
IL is the diffusion of intelligence from the go
'ernnent to the people, and the reaction Of
popular sentiment upon the government, that
renders the citizen really IA freeman, and the
representative really IA responsible agent. j
believe sincerely, that, IL the communication
OF TINS Intelligence were for IA length of time
cut of from any distant portion orthis Union.
1t would be deprived Of the principle of poIit-
lcai life, AS certainly IA limb of the animal
system would perish in which the blood had
ceased To circulate. And is it not obvious
! h'a' tbFio VIII oboU he Stdttb I'D JRl9 great
confederacy, so remote from the centre, that,
without the most improved means Of commu-
nication, Congress may meet and adjourn be
fore single Interchange of sentiment can take
place between the representative and his con-
siituents: Sir, am sure no member of the
committee can be nsensibe to the importance
of these considerations. And, in ascertaining
the extent Of a power designed for such high
purposes, shall we contract our views to a
\ Il.
of the word establish 2" Admitting that this
word must receive the restricted meaning as
crihed To II by some gentlemen, | contend,
upon higher principle than any yet assumed,
that the power To establish post Offices and
post roads tnroires as an incident the right TO
| make them. And confess have been not a
little surprized that, while all the other grants
IN the constitution are admitted TO involve in
c'dental powers, this should he regarded as an
exception. Without this incidental power,
me principal power might be rendered nusa
tory. either by the caprice of state govern
| ment, or by the obstacles Of nature To con-
tend, therefore, that we cannot make post
roads, because I" TO establish" does not mean
" Z" make" IS not more reasonable than it
would be to maintain that this government
| cannot make war, because " to declare" does
not alean " to make"
believe every gentleman who has opposed
IN this debate, the power of Congress to make
post roads, has distinctly admitted its right TO
exercise conservative power over smch ex-
lsting roads as II may establish This. indeed
Is clearly embraced in the idea of giving firm.
ness and stability, which enters into their de-
tiDiion ofthe word establish Now, sir. if
this government has the Iower to maintain
ADD keep up road, against the consent Of
state, and tn prevent by the highest an.:tions,
any distractions, even If attempted under the
authority at q state, would be thankful To any
gentleman who would present an ineligible
idea Of the additional act Of sovereignty exert
ed in making road. As relates To the aues-
ton Of sovereignty, the power to maintain
a road against the will Of IA state, is precisely
the same as the power to make t--with this
difference ~ point ofCtct, that the latter rxer.
clsr OF power would BE- generally more bene-
ticia! to the STATES.
But, would ask the gentlemen on the Oh
p6siie side of this question, whether this 60.
v'rnment has moi right, and has not invaria-
! NV exercised II when necessary, to erect
! buildings for the use Of the post Office estab.
li'hmeDt? They have not only ihe right TO
purchase the soil for The purpose Of erecting
post Office, without the consent of state, but
they have right to take it, without the con-
sent Of the owner. and with no other restric-
ton than that prescribed in the Constitution,
that Just compensation shall be made -
Now, " the power to establish post Office,
involves the incidental right TO make If. The
power to establish post road, involves the
righ' '" make that also. II would be an sitter
perverson of every just principle Of conslruc-
ton, to ascriFAr to the same word two different
meanings, as applied to two subjects standing
IN precisely the same relation to il, and in the
same sentence.
viii nov proceed, Mr.. Chairman, to con-
alder than cIauoa, IT 81