The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-11


may be ascrbedo the operations of the numerous private
posts under the of expresses which have sprung
into existence within the past few years extending them
selves over the mail routes betw cen the principal cities
and towns which and which the railroads pass and
terminate That these private posts are engaged IN the
business transporting letters and mail matter Tor 10
great extent is fact which will not be seriously con-
roverted That the revenue Of the department has been
greatly reduced by their operations, one Will question
who may investigate the facts
The facts which relate to of these cases as reported
to the Department were submitted to the late Attorney
General Mr. Legare for his opinion OF the law arising
upon them. copy of his opinion is annexed III In.
Auenced by that opinion which in accordance with
my Judgment upon the subject directed prosecu-
against all the offenders be instituted in the United
States Court for the Southern district of New York
case vs. Adams Co., was tried few days since In that
Court and resulted in the acqutta OF the defendants
This acquitta from official report by the District At
torney, copy of which [3 accompanies this report,
would have been caused by defect in the exist
ing laws Under these laws advised, this case can
not be brought before the Supreme Court for final adu
dication.
The laws for the punishment of offences for transport
ing mail matter post roads, enacted when the
transportation of the United States mail was confined to
existence in the United States and the penal sanctions
of the law not adequate to the suppression ofthe prac
tice.
Railroads, whilst they the most extensive mode of
Transporting the United States mail furnish to those who
choose the easiest and cheapest mode of violating the
laws prohibiting the establishment of private posts Duty
compels to state il my opinion that without further
legislation upon this subject by Congress- the revenue OF
the Department WILL in time be so far affected by the in
roads Of private expresses that the service will either
have to be reduced below the wants Of the public
appropriations from the General Treasury will be requir
ed to meet the current expenditures Of the Department
In the Of the past year have been called upon
to express my opinions upon this subject officially These
and the question distinctly presented whether the pow
granted to Congress to establish post offices and post
roads is plenary and exclusive
is commended by some, that though this power is grant
ed to 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
yoid optuc upOu n
Others contend that the Post Office system is an odious
monopoly and ought to be abolished These are grave
questions urged by portion of powerful press and
sustained by the influence of those whose interests
involved They are questions which, il they have not
ofthe government should now be settled.
The power to establish post offices and post roads was
exercised by Congress under the articles OF
From the moment Congress thus assumed the power by
the sanction of the States state citizen OF state pre-
sumed to exercise the right there be any one subject
concerning the internal interests of the States and the
people, which should be regarded purely national 1t is
the business Of transporting by authority OF law and oil
right letters from state TO and through another
uniform equal and harmonious system can only be con.
Quoted by a power coextensive with that system. 1t is
absurd therefore, to contend that the mail system can be
left to the States or to individual enterprise Inc mem
stood this subject better They knew that the control OF
this subject must be conded to power which peryaded
pro hac the whole sphere Of It's operations conse
queny among the leading prominent grants OF power by
the States to Congress- the grant over this subject in
the following words" Congress shall have power TO es-
tablish post Offices and post roads"
This grant of power Is found in the same clause and
expressed the words and language OF the grants
power coin money to regulate commerce. to declare
war &c II is grant which covers the whole ground;
it is ample, full and consequently exclusive II doubt
could exist as to the exclusveness OF TINS grant hat
doubt vanish upon reference to hel0th articeo the
Amendments to the Constitution which declares ne
powers delegated to the United States by the Consti-
tuition prohibited by it to the States are reserved to
the States, respectively, to the people, The power
to establish post Offices and post roads is ana
tinctly delegated to the United States is
n the States OF
people. -.
position SO plain and which, conceive has been settled
and adjudcaed by all the Departments OF the Govern
ment, and the people themselves
The exclusive right establish post oices ana post
roads being in the United States Congress has the power
to pass laws to protect that right without such laws it
gated trusts benefciay to the people More especially
this be done If Congress negects this duty ana at
the time leaves the General Post once 70 depend
upon its own to deay the expenses OF the sys-
TEN. -
The General should either protect the De-
parent against the nroads of private posts or provide
the ways and meet the necessary expenses oil
the service.
The impolicy of permitting the business OF conveying
letters and packets in whole in part by private posts
expresses long the Department OF the Post once
is left to create by its operations its own means oil
port must apparent These private expresses VIII only
be found operate upon the great and profitable tho
roug hares between great commercial points while the
extremes are left to depend upon the operations OF he
United States mail crippled and broken down for the
want of means
Between New York and Boston, between PHILADELPHIA
and Baltimore between New York and Buffalo, indv dua
enterprise might supply the wants of the community in
the rapid and cheap transportation Of letters and packets
Will the sane enterprise ds o tbs and day
weekly convey to the door of the planter and the hu
bandman the letter of business or friendship the ntel
gence Of commerce and poitcsl
Individual enterprise he rewarded by the payment
of six cents for carrying letter between New York and
Boston but can that same enterprise he to carry
letter for IS cents daily between Philadelphia and st
Louis. from Chicago to Savannah or from st. Angus
tine Florida, to Burlington in Iowa.
II the great horoughfares between commercial cities
left to the operations of private posts, the extreme
points whose connections in business and commerce tend
TO swell the postage collected at the cities must suffer
the to reach them by the mails be furnished out
the general Treasury.
is not wholly that the larger cities furnish the
entire surplus which is elsewhere expended Though
the returns show large amount Of postage collected al
these points much of that amount paid by the extremes
in commercial connection with them.
Connected with this subject in degree is the bust
Of transporting newspapers by contractors out Of the
mail mail routes in violation Of law. When appeal
to hv and contractors instruct them
their duty upon this suhec addressed to the contractors
circular letter, in which I gave them my opinion o.
what the law of Congress this subject copy
of that letter raj accompanies this report.
The correctness of the opinions contained in this letter
nas neen questioned was conscientious in the view
them to be correct and felt it pub
nc duty TO publish them when called those
the duty Of Transporting the mail confded Tbopgt
am not distinguished by the pride Of opinion in official
and legal matters. grat6cd to find the views have
taken Of the acts Of Congress fully sustained by the official
opinion Of the Attorney General whom the subject has
been referred by the President copy of that opinion is
also annexed. (5)
There at the present moment considerable agitation in
the public mind on the subject Of the reduction of post
age and il TO be expected bv that the Post
master General should recommend the reduction Of the
rates Of postage My opinions upon this subject were
given to Congress in answer to resolution, at the last
session. These opinions necessarily hypothetical
and accompanied by distinct annunciaton that IL any
considerable reduction in the rates of postage should be
deemed advisable by Congress il should be preceded by
provision to relieve the Department from certain heavy
annual responsibilities, and accompanied by proper
guation and restriction of the franking privilege With
such relief and modification Of the existing laws il
my opinion then. and il is my opinion still that If
considerable reduction in the rates Of postage
made the mail service would Weld sufciency of re-
venae to meet its expenditures upon the then and
present existing scale of operations.
II is conended by many whose opinions entitled 10
respectful consideration that reduction of postage TO
uniform and low rate would be followed by increase OF
its equal to the annual wants Of the service
its present basis extended from time to time the demands
of the public shall require