Cheraw gazette and Pee Dee farmer. [volume] (Cheraw S.C.) 1838-1839, 1838-12-26


and to the points of similarity between that
and railroad transportation, intending the
additional 25 per cent, as compensation for
the increased speed. This construction
would have given the rail road companies
Us liberal q compensation as they had
right TO except, iuasmuch as it woui1 have
materially increased the cost Of mail trans
portation, while in respect to passengers
produce nd merchandise, the cost IS every
cheanened by them.
But UPON careful consideration OF oie
words of the law, in connection WIN '''e
mail service existing at the time ot lis pas,
saoe. the departmenr felt itself constrained
10 adopt a construction more fa'oraoly TO
the rail road companies. That the word
"s;milar' should be construed rs having no
reference 10 speed, was position which,
according to legal as we'll as just rules of
construction. could not be maintaiued.--
From New York to Baltimore, the great
Southern and Western roads are united in
one. AT the latter point they separate, one
portion, believed to be the larger, going
West, and the other South. ltcould not be
doubted that the transportation ofthe Wes-
tern mail was, in its bulk, lis reight, its am-
portance, and also its speed, more "slmIlar"
10 that on the main Southern line, than any
other appertainng to the department. The
department, therefore, felt constrained 20
take the cost of that transportation as its
guide in fixing on the basis for the allow.
ance to railroad companies on the main
Southern line, provided for by low. The
average cost of this line, from Baltimore
to Cincinnati, was found TO be $l90 per
mile. To this sum, 25 per cent. was ad-
ded, and the aggregate, S237 SO, was OF,
fered TO the railroad companies between
Fredersburg. Va. and the Roanoke river,
as the highest compensation which could be
allowed them by law. The same rule was
intended to be applied to all railroads under
like circumstances. 1t was not doubted
that this provision would be readily accep-
ted as more ample than the railroad COM
panies had right to expect, and that this
troublesome matter would have been for.
ever adjusted, so far as regards those roads.
But the proposal Of the department has not
been aceded 10, and not only is higher
compensation demanded, but conditions are
insisted on as extraordinary as the conces
sion of them would be impoe and illegal.
The department is, therefore, engaged in
making provision for the transportation of
the great southern mail ty other means
after the lst Of January next. not being at
liberty under the law even if It were o,hcr-
wise diapersed, to accede to the terms de.
rnanded by the railroad companies. This
cannot be done on the same line without
public inconvenience in the loss oftime, and
although rival line may be raised up in the
cou,se Of few menihs fully equal in speed,
yet it will not be so convenient 10 the de-
partment, or in all respects so useful to the
public as the one in question. But having
offered all that the law admitted and more
justice and more than justice and good pol
icy would have sanctioned had no law been
passed, the department does not feel itself
In any way responsible for the public in
convenience which may ensuc.
These details have been given that Con-
gress may correct the construction given to
the law of last session if too liberal or two
strict, or resort 10 such further enactments
as the public interest may seem 10 require.
The principle that Congress may conslitu.
tionally make roads for the transportation
Of the mails once entertained by some,
seems to be generally abandoned ; but that
they may use for tat purpose all roads con-
s.ructed uuder the authority Of the State, !
has hitherto been universally conceded. !
The charters Of railroads are graned for
the public convenience, and in their con-
stractlon they are considered SO far public |
that private property is taken a, valua-
ton Tor their use without the consent Of tire !
owner. Whether these roads are 10 form !;
an exception as to the right Of use vested in !
The Unfted S:otes by the Constitution is I
question which i, may soon become neccs. ,
sarv to consider.
The valuable books and papers ofthis de-. !.
par'ment are IN constant peril from the COM
bnsable aature Of the building now occu. !
pied. II has shng!e root and much wood !
work within, and in tic department and the .
Auditors Office there are daily about sew
cnty fires. 1t is perhaps in greater danger ,
from the proximity OF stables and other
buildings which could hardly burn in some
directions of the wind, without involving The
whole structure occupied by the department
in their destruction. The consciousness of
this constant peril, is one of the most pain
fnl incidents 10 the administration, md can
only relieve myself from weight Of res
possibility by requesting you to bring tIis
subject 10 the serious attention Of Congress.
With the highest respect. !,
Your ebedicnt servant.
AMOS KENDALL
To tie President q the United States.