Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-04-06

We publish in this days paper, the op'h'on u
one Of the Justices OF this County, on ques'
tionsof some importance; aud particularly '"por'
tanfs 70 the commercial community. The ques-
ton resolves itself into this, whether letters re-
ceved BY steamboats, are properly subject 10 pos
tase rates. The opinion denies the right OF the
Government to coerce the delivery oil letters ..
the Post Office. to be thuScharged. Weare TOTO
that an appeal has been taken. and that aee''
sion of the Supreme Court Of the > VIII DC
sought on the subject.-Mobae Com neg
W,lia,n d. Stone. the Post Master Of Moo,e
TO the use &c. VS.. William Marks, Master q me
Steamboat " SIM "-This was an action brought
before B. B. Breedin, Esq one OF the JUSTICES
of Mobile county to recover the penalty Presc''o,
ed in the 9th section of the act of Congress OF
the United States, entitled an act to reduce 'nto
one the several acts establishing and regulating
the Post Office Department.
The facts were these. The Steamboat Sun ar
rived at Mobile, Alabama, on about the hfteenth
day of Feb, uary from Tuscaloosa, in the same
state, with cargo of cotton, and the Captain IN
stead of delivering the letters brought by her al
the post office, to be charged with the usual post
age rates, delivered them at the counting room OF
the propr,etors Of the boat, whence they were de-
Ilvered without charge. The boat was subject TO
no contract with the government, and her opera
tons were wholly within the State OF Alabama.
Opinion ofthe Jusfice.-The terms Of the act OF
Congress, unconnected with the Supreme law OF
the land, would authorize recovery OF the Pc
naltv in this case. The only question, therefore.
| is whether that part of the act. under which the
action is endeavored to be sustained. is authors
ell by the Constitution of the United States II
may seem to be claiming too much for the lnfe-
ror tribunals Of the country TO say that they have
the power to pass upon the consttutlOnality OF an
act of Congress:-but every court in our whole
system, however limited its jurisdiction, unques-
| tIonably has that pOwer in its own sphere; else
what becomes Of those solemn obligations which
impose support of the constitution on every
Judge, and require of him decisions in cOnior-
mi,y with that aud the other Iawsa The Constl-
tuvion. then, gives to Congress the power 'to
establish post Offices and post rOads:"-u2der
this power, the people have tacity guaranteed
that there Shall be no competition with the gene
raj government in the establishment OF either.
The Incidental powers to carry these into effect,
are such as only provide for the transportation OF
letters and papers. and the payment OF postage,
the safe aud easv carriage OF the maIl,-iOr
tn. punishment of such as modest or wiliuliy de-
tain it,-and for penalties against those VIII" en-
ter into that competition. Has the steamboat
|" Sum- been placed in an attitude OF competition!
What are the facts? She is engaged IN the navI-
CATION Of those parts of the Tombeokbee and
Black Warrior Rivers, which are wholly within
our own borders, and unconnected with any ex-
press or implied contract for the transportation
of the mail She is the occasional carrier OF cot
ton and other merchandise. between the town OF
Tuscaloosa and the city of Mobile; and the con-
veyance of letters ON BOARD IS merely an lnciden-
tai convenience, allowed by her proprietor to the
citizens of the two, and the intermediate places,
without any direct or indirect charge. 1t 1t be not
confined to those only, VINO are interested in her
cargoes.
There is no difference in principle, between
such conveyance for letters. and the ordinary
means of forwarding them by accidental opportu-
mites. c an ii be for moment contended, that
Congress has the power to restrain with penal
ties, a citizen Of the State of Alabama from car
rying letter from one friend to another at what
ever distance, and over whatever highway OF our
own State? 1t is thought nOt,-then, there is no
line which shall separate such. from the facts OF
this case.-FOr if person be permitted to carry
one gratuitousIy, he may carry more.-dnd II to
carry at all he may rise gradually, or otherwise
fhe choose, from an ordinary pocket full until
he reaches the cargo If a stupendous steamboat.
The Post Office Department was not establish
ed for the purpose Of revenue; and whenever that
period shall arrive when the people Can have their
correspondence carried on without charge, there
. will be no longer any use for IT. That moment
may never arrive; but the bare possibility that 1t
may, is a sufficient reason for the field having
been lett open for struggle for that event. At
the time the Constitution was adopted, steam
nj laff
unknown, and for the thirty years that followed
up to the time when they became IN use, the prac-
tice Of the Government in that regard WASH &C
; cordance with this language Of the people-'car-
ry letters and papers and take pay for 50 doing
but we reserve to ourselves the right to carry.al-
, so. without paw" There is no alteration III the
practice to suit contingencies, which can destroy
this right.
The declaration that water course is mail
route. where no mail has ever been carried, IS "a
idle and unauthorized as paper blockade; but