Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-19


be shewn that, to establish, means to construct.
IT that is done, you will have power to construct
post roads; but no claim to power to construct
either military or commercial roads.
The word establish, like most other words,
has various Specifications, according to the sub
Ject-matter in relation to which it is used. Ac-
cording to the best authority, establish signifies,
10 settle firmly, to fix unalterably; to settle in
any privilege of possession, to confirm; to make
firm, to ratify; to fix or settle an opinions 10 form
or model; to found, to builI firmly, to fix ire
vocabiy; sense not in use; to make settle
ment OF any Inheritance; sense not in use.
but the example given in support of the signif-
cation, To form or model, is, ssIIc appointed in
what manncrhis family should be established, ?,
which shews that it is not 4 forming or model
ling by the hands, that was meant. Let a hun
dred modern volumes be examined, it will be
fouad that, to establish, uniformly means n de-
termination ofthc will, and not an operation by
hands. WOris should be understood i'm the
sense intended by those who used them. In
what sense have the convention used this word,
We find in the Constitution, establish Justice
establish this constitution-cstablish uniform
rule-establish courts-thc establishments Of this
consttutIon---an establishment of religion. >,
The convention have uniformly used this word
as signifying an authoritative decision of the
will; and when we say thing is established we
usually mean by decree, judgment, or order of
those having authority, OF by act of legsla-
ton; as, to establish title; to establish will to
establish head quarters; to establish n court.
When we say, road is established, do we mean
by the overseer who makes it, Mo- we mean
by the court, which has decided where it shall
be. The constitution conferred the power s'of
establishing and regulating post offices from one
state to another" The change III the wording
OF the clause in the Constitution, seems to have
been made to correct selection, and not to con-
Ter any additional authority. Was it ever I'M
derstood that the confederation mad, by this
clause, jurisdiction over the territory, and might
take the soil and build post Officer / presume
not. They might purchase a house for a post
Office, and hold it under the laws of state, as
an individual might hold property. To esia-
blish post office, is to create an Office with
certain prescribed duties, Which Office is to be
Tiled by the appointment of an officer to perform
those duties. To establish post road, lis to
give road legal designation as pest road.
w hercyer the word Is used in the constitution il
is to gipe legal cris:encc. =.
Letus seewhat Was the contemporaneousc con-
strucuon OF this clause of the constitution, by
those who tarned, adopted, and commenced
proceedings underit. They were well inclined
70 exercise all their constitutional powers.
hney understood that Congress were to adopt
aud use the roads of the states. This was the
construction put on this grant of power by the
generation who adopted the Constitution. Sir
/ propose to you safe rule for constituting the
Constitution IN time to come, which is this
| Whatever acas done and acquiesccd in during al,
age, say 30 years, from hteddoptioa of the Con
situation, let M1l be considered as constitutional
out so,aseoe,' toas not done, not ocguiescei IN
as Constitutional IN that age, let 1T be heidto be
unconstitutional. Those who formed, adopted,
and acted under the Constitution, heretofore,
have put a meaning on this clause, which it is
now too late to change. five confinc ourselves
| to the powers which have been exercised by
| our predecessors, and acquicsced IN, there is no
danger to the rights of the states or the people;
but If we, at this day, claim and exercise new
powers, we set pernicious example to those
who shall succeed us.
1t will be well to consider the burden which
you take upon yourselves, if you decide that, to
establish, means to construct. You will under
take to construct all the post roads in the coun.
try. You have constructed 100 miles of post
road; but you have established SO thousand miles
OF POST road. You cannot decide that eesta-
blish" means constructs to l20 miles ofroad but
that 1T does not mean construct, as to the re-
naming $4,000 miles of post road. So, fiesta
dish signifies construct, you have passed laws
for the construction of88, 900 miles of post road
and should cause it to be done without delay.
Will not the states say that you have assumed
the jurisdiction, and taken upon you the duty of
keeping these roads in repair? Will they not
Withdraw from these roads the superntendants
and the laborers OF the states, and the protec-
ton of the state laws, Itmay be expected; for,
IT the jurisdiction and the duty is properly as
sumed by you, it no longer remains with them;
and your acts are the supreme law the land.
You may establish post routes; and so may
the states. They are not forbidden the exer-
else fthis privilege, as they are to keep ships
and e IL
deem it expedient to circulate intelligence
Can you seize on all their roads, impose tolls,
and exercise other paramount or exclusive ju-
risdiction? What becomes of the rights of turn
pike companies, chartered by the states, The
states claim and exercise power TO alter roads,
not made by chartered companies, and to discon-
tinue such as are useless. Docs a road, as soon
as you establish it a post road, cease to be I'M
der the jurisdiction of the state. Suppose that
there is contest before the state courts which
of two ways shall be established as public road?
Will the passing of your mail 10y with his bag
along one of them, decide the contest, and es-
tablish that trace along which he passes If
you assume jurisdiction, the roads can only be
altered and repaired under your authority.
Leave the jurisdiction to the states, and Let
them repair and alter their roads at pleasure.
The fact that you use $4,000 miles of roads,
made by the states, shows that il is not necessa-
Ty you should assume this authority. Where
yer mule carrying bag can go, your mail can
go. You fix on certain points, and betweeu
these it becomes the duty of the states to have
some road. Your acts are tue supreme law;
aud the state courts arc bound thereby; but the
intermediate trace between the points you de-
signate, let the states alter, repair, and control
at their pleasure, when Mr.. S. had proceed
cd thus far inhis argumc Il, the committee rose;
on the 9th he continued