Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-12-16

sua.' 10 sa,,e innd which constructed the Cumber-
,na I'D must be left to the decision of that Depart
ment If the Governn ent which mas tue i1g's a.''e
troll Of the fund ,.,, e ,ho II 6
who ,oo be nd,tT-ren to any portion OF the phoi'c
serv;ce and whose attention has been arrested ~ M
10 which have alluded, to furnsh MN WIZ,
this some what tedious aud perhaps unnecessary e"P'1
40 orst;Gad. however, in being able to state, 'ha'
Tho ey,e generally is performed satisfactorily 70 'e
public; and with pnnctua!ity IN al us department.
which les credit To the several snoorohat' ae."''
|conce,ned Contractors have been promptly Paio as
,ha;r dma ods have been presented and the revenue
IS a. r,nortment collected, has been accounted ior
with unusual and praiscworthy punctualiiy by the
Deputy Postmasiers, ,uo ,,olh v
the substitution Of new ma LOCKS OF an exceeh' fua
lily within the pact year.
IT., yi,i,nce of the Special Agents in lerrftine
ont md bringing to Justice depredators has tended
yreov % lessen within the past yca, violations OF Tux
mail
Tho difficulties Of efiecting contracts with the ran
road coppanies for Transporting the mails, at prices ~
nronoron 10 the services rendered, and within the
mems of the Department to pay, IN justice 10 olnei
portions OF The Union, heretofore reported oy me
sti e,is,; and can do less than refer to and re
urge the upon that subject presented 10 your con-
s,deral OH in my last annual report
IT, however, the power OF contracting WIN t"ese
comnsnes every four years, shall be continued WIN
the Postmaster General, would respectfully suggest
that the of Congress be SO far changed as u os
peuse with the idle ceremony and useless expense o
advertising for the lowest bids these roads where
there is and can be no competition. contract cou!u
be as well if not better made by private arrangement
than publc advertisement.
Experience has convinced ma that the law OF lo5o,
The reorganization Of this Depart nent, requires ~
many PARTICULARS, modification, which sha'i la"e
the liberty, from me to time, IN an appropriate man
ner t. present 10 the notice Of the committees OF The
two Houses of Congress- usually appointed 10 taKe
charge of the legislative business Of the Post ohce
Department.
Ii will appear, by reference TO the statement of the
gross revenue of the Department for the years ia
1912 and l5i3 given above Tint VIII lie the revenue
ef 1912 greater than that OF lSll that o 1913 is
less by $3.50 }a0 30, than the revenue OF lo42. .o
The causes cf THIS dsclensIon in the revenue OF lo4
nav be referring themselves to The STATE
of the business Of The country am however, July
persuaded By facts and testimony, which have been
brought 10 my knowledge that one cause, II mol the
principal one, may be ascrbec 10 the operations OF 'he
private poss, under the name oil expresses
which have sprung into existence III the last lew years
extending themselves the mail routes between the
principal cities and towns by which and at which the
railroads pass and terminate That these private posts
are engaged in the business of transporting letters ana
mail matter for pay TO great extent IS lac! wh'ch
will not be seriously conroverted That The revenue
of the Department has been greatly reduced by their
the facts
The facts which relate TO of these cases, as re-
ported 10 the Department, were submitted TO The late
Attorney General, Mr.. Legare for his opinion of the
law arising upon them. copy of his opinion 10 an
ncxed ~ Influenced by that opinion, which was
in accordance with my judgment upon the sub
iect directed prosecution against all the offenders
10 be instituted IN the u. S. Court for tie South
ern Dist,c, of New York. A case Adams * Co
tried few days since in tat Court and resulted
the acqutal of the defendants THIS acquiltll from
an official report by the Dsiric. Attorney copy C!
which ri accompanies this report would to have
heen caused by defect in the existing laws. Under
these laws am advised this cannot be brought
before the Supreme Court for final adjudication
The laws for The punishment! of offences for trans
porting mail matter over post roads, were enacted
when the transportation of the United States mail was
confined TO stages, STEAMBOATS, and horses Railroads
were not then in existence in the U. 81 and In penal
sanctions Of the lw arc not adequate TO the suppress
sion of the practice.
Railroads. whilst they are the most extensive mode
Of transporting the United States mall furnish Ia those
who choose The easiest and cheapest mode Of violating
the laws prohibiting the establishment of private posts
Duty compels to state it my opinion, that without
further legislation upon this subject by Congress- the
of The Department, WILL in time, be SO far al
eced by the inroads OF private expresses that the
vice will either have to be reduced below the just wants
of the public, appropriations from the general Tres-
s9ry be rrfGn5ed TO meet the current
In the course of the past year. have been called up
on to express my opinions upon the subject officially
These opinions have been attacked and controVerted
by many and the question is distinctly presented
whether the power granted 10 Congress 10 establish post
offices and post roads is plonary and exclusive.
Its contendad by somr that though this power is
granted t, Congress- individuals and companies have
right to carry the business OF transporting letters
&c over the post roads Of the United States, and all
laws which forbid them void, and usurpa,lons upon
ind, idual right.
Others contend, that the Pos. Office syslem is an
odious monopoly, and ought TO be abolished. These
grave questions, urged by portion OF powerful
press and sustained by the influence of those whose in
tcrests are involved. They are questions which, II
they have not been settled by the Legislative and Jn-
dicary Departments Of the government should now be
settled.
The power to establish post Offices and post reads
exercised by Congress under the articles OF Con.
federation From the aomen, Congress thus assumed
the power by the sanction Of the States State or c.
,zen Of State presumed TO exercise the right II
there be any subject concerning the inferno
interests OF the States aud the people, which should he
regarded purely naona II is the business Of trans
porting by authority of law and Of right, letters from
one State to and through another. A uniform, equal
and harmonious system can only be conducted by q
power co-extensve with that system. 1t is absurd
therefore, TO contend that the mail system can be LETT
to the States individual enterprise. The members
OF the Convention who formed the Constitution under
stood this subject better They knew that the con-
troll Of THIS power must be confided power which
pcrvaded, pro hac e;ce, the whoe sphere of its ope
ra!ons: consequently among the leading prominent
grants OF power by The States to Congress, is the
grant over ,hs sabject IN the following words-"Con
gress shall have power 10 establish post Offices and
post roads.
This graz. Of power is found in the same clause
and sexpFessed in III. words and language of the
grants, of power coin money, to regulate commerce
to declare war, re. II ia grant, which covers the
whole grnunditis ampl-, tull, and consequently, ex
elusive. II doubt could exs, as 10 the cxclusivencss
OF this grant, that doubt must vanish upon reference
to the 10th article of the amendments TO the Constu
tlon which declares, "he powers not delegated to The
United States by the Consultation, prohibited by il
to the States, reserved TO The States respectively
to the people" The power to esabl sh Post Offices
and Pest Roads is pl,inly and distinctly delegated t.
The United States. II IS, therefore, not power re-
served TO the States, respectively, 10 the people.
will not extend, or CELEBRATE an argument upon
proposition plain, and winch | cnnceIve has been
settled and adjudicated by all the Departments Of The
Government, and the people themselves
the exclusive right 10 establish Post Offices and Pos
Roads, bang IN the United States, Congress has the