The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-10-23
From fhk Cknriesfon .Mercurr

THE POST OFFICE DEPARTMENT.
There has been much discussion in the New York
papers of l,te of circular from the Postmaster
General, designed to enforce more rigid supervision
over the transmission Of papers, and to prevent
tractors from making private bargains to carry pack
ages of newspapers, as freight out Of the mail The
press, to whom it is great gain to send their paper,
in this way, cry out vehcmeny against the doings Of
the Department. as espionage, tyranny, vexstious in
reference with private rights, and designate it by
whatever scandalous epilhets will best inform the
world that they are much out of temper at the pros
pect of being out Of pocket. They rely upon pro-
vision of the Post Office law, which gives tho Depart
ment discretionary power to allow contractors tc
carry newspapers other than in tho mail, only prov
ding that he shall not discriminate in favor of any
particular publication The press say this prov ision
does not authorize the Department to grant this pr
vilege contract but gift to the mail contrac-
tors the whole avais of which are to 60 TO the lat
ter. The Postmaster General, the other hand,
CARDS it only authority to make eontroets allowing
the privilege Of carrying packages of papers out Of
the mail, for a consideration 10 the United States
and he has accordingly put in train to stop
all Forwarding of papers except by contract with the
Wickife's construction Of the law is the true
and this, while at the same time regard the mono
poly by the United States OF the Transmission Of all
letters and papers as grievance, and burden that
will not very long be borne by the people.
If there is anything clear beyond oil others IN tho
legislation Of this country, il is that the Federal Go
vernmept, from its origin has regarded the clause of
the Constitution giving Congress the 'wer TO estab
sh post Offices and post roads, as grant Of an abso-
lutte monopoly Of tho conveyance Of letter. and pa
pcrs for consideration. 1t to US very small
foundation for such an extensive power, and we do
not and could to the Constitutional con-
struction that justhes il but il has ever been prac-
tced upon, and the country ha. almost without ques-
ton sanctioned \. Tho Department is, therefore,
bound BY it. and must interpret all laws by this fun
dame ntal prncipIc-tha the Post Office has an abso-
lutte monopoly Of the conveyance Of Jtters and
papers Unless Tho Department, then, is expressly
authorized to girs oroy the privilege, not how
il can do it.
In the discussion the Post Office law project, in
| the Senate last winter we do not remember that
single one Of the distinguished Senators who debated
the provisions Of that bill, called question, 70 the
smallest extent, the monopoly Of the Post Office De-
partment-it seems to have been regarded as thing
settled beyond argument and clear beyond cavl that
the right was conferred by the Constitution, and had
no limits They even went farther and by the provi-
sions Of that bill undertook to settle the legal size of
newspapers For, while, under the head of malta
bic matter" they determined that everything in the
shape of newspaper must be carried in the mails
under another head they decreed that sheets over
certain size should moi be carried the nails except
at rate of postage that amounted to penalty and
would have operated as absolute exclusion Such
the view which the Senate took Of the extent of
this power.
The fault we consider TO lilo in the assumption on
which Congress has lcgisated for the Post Office
Department. But of the meaning of their laws.
there is little room to doubt, and Mr. Wickfe seems
to have acted only according to their INTENT a. no
was bound to act We do not sec that the country