The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-12-08

the service, generally performed satisfactorily 10
the public and with a punctuality In all IFS depart
| ments which docs credit 10 the several subordinate
| agents concerned. Contractors have been promptly
paid as their demands have been presented, and the
/ revenue Of Tho Depsrtment collected has been ae-
counted for with unusual and praissworlhy Puncu-
aty by the Deputy Postmasteis
Greater security has been given to the public mail
by the substitution Of mail locks Of an excellent
| quality, within the past year.
| The vigilance of the Special Agents IN ferroiiDg
out and bringing to justice depredstors has tended
greatly to lessen, within the past year, violations oil
| the mail.
The difficulties of effecting contracts with the rail-
road companies for transporting tho mails, at prices
in proportion to the services rendered, and within the
means Of the Department TO pay. IN justice to other
portions Of the Union, heretofore reported by me,
still exist and can do no less than refer TO and
urge the views upon that subject presented to your
consideration IN my last annual Report.
4 IT, however, the power Of contracting with these
companies, every four years, shall be continued with
the Postmaster General, | would respectfully sug-
ges that the acts Of Congress be SO far changed as
to dispense with the idle ceremony and useless ex-
pense Of advertising for the lowest bids on those
roads where there is aud can be no competition.
contract could be WELL IL not better, made by pr-
vate arrangement than public advertisement.
Experience has convinced me that the law OF 1886,
for the Reorganization Of this Department requires,
! in many particulars, a modification, which shall
take the liberty, from time to tme in an appropriate
manner TO present TO the notice OF the committees
Of the two Houses Of Congress, usually appointed 10
take charge of the Legislative business OF the fost
Office Department.
II will appear, by reference to the statement oil
the gross revenue OF the Department for the years
l64I 1872 and l643, as given above that while the
revenue Of I842 greater than that OF l64l that
of ls43 is less by $3.50 800 10 than the revenue OF
1912.
| The causes Of this declension in the revenue OF
lS43 may be various; some referring themselves to
the state of the business Of the country am, how
ever, fully persuaded by facts aud testimony which
have been brought TO my knowledge that one cause,
il not the principal one, may be ascrbed To the ope-
rations Of the numerous private posts under the
name Of Expresses, which have sprung into existence
within the past few years, extending themselves over
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 and mail matter
for pay 10 great extent is fact which will not be
| seriously controverted. That the revenue oil the
Department has been greatly reduced by their ope-
raliens, no one will question who may investigate
! the facts
The facts which relate to one Of these cases,
ported to the Department. were submitted to the late
Attorney General MIR. Lega e, for his opinion Of the
law arising upon them. copy Of his opinion is an
nexed. II Influence by that opinion, which was
in accordance with my own judgment upon the SUB
Ject, directed prosecution against all the offenders
| TO be instituted in the United States Court for the
Southern district Of New York. A Adams
& Co., tried few days since in that Court, and
resulted in the acquittal Of the defendants This ac'
quittal from official report by the District Aitor-
ney, copy Of which r. accompanies this report
would seem TO have been caused by defect 10 The
existing laws. Under these laws, am advised, this
case cannot be brought before the Supreme Court Tor
final adjudication
The laws TO- the punishment Of offences for trans
porting mail matter over Post Roads, were enacted
when the transportation of the United States mail
was conhn. d to stages, steamboats, and horses
Kali Roads were not then in existence m the United
States; and the penal sanctions Of the law are not
adequate TO the suppression Of the practice.
Rail Roads, whilst they the most extensive
mode OF Transporting the United State, mail, furnish
to those who choose, the easiest and cheapest mode
OF violating the laws prohibiting the establishment OF
private posts Duty compes me to state il my
opinion, that, without further legislation upon this
subject by Congress- the revenue Of the Department
will, IN time, be far affected by the lnroads of pr
vate expresses that the service will either have 10 be
reduced below the just wants Of the public appro-
priations from the General Treasury will be requir
ed TO meet the current expenditures Of the Depart
ment.
In the course Of the past year, | have been called
upon TO express my opinions upon this subject Off
cialy. These opinions have been attacked and
troverted by many and the question distinctly pre-
sented, whether the power granted TO Congress TO
establish post Offices and post roads is plenary and
exclusive.
1t commended by some, that though thi, power is
granted u Congress, individuals and companies have
right to carry the business of transporting let
ters &C. over the post roads OF the United States,
and all laws which forbid them void, and usurpa-
tons upon individual right.
Others contend that The Post O.fce system is an
| odous monopoly, and ought TO be abolished. These
are grave questions, urged by portion OF a power
ful press, and sustained by the influence Of those
whose interests are involved. They are questions
which, If they have not been settled by the Legisla
tive and Judiciary Departments of the Geyci nment
should now be settled.
The power 10 establish post Offices and post roads
was exercised by Congress under the articles Of Con
federation From the moment Congress thus assum-
ed the power by the sanction Of the States no State
or citizen OF State presumed 10 exercise the right
II there be any one subject concerning the internal
interests OF the States and the people, which should
he regarded as purely NATIONAL IL Is the business Of
transporting by authority Of law and Of right letters
from one State 10 and through another. A uniform
equal and harmonious system only be conducted
by power co-extensivc with that system IL ia alb
surd, therefore, TO contend that the mail system can
be lefi 10 the States 10 individual enterprise The
members OF the Convention who formed the Consti-
luton understood this subject better They kne W
that The control Of this ject must be coniied 10
power which pervsded pro hoc rice the whole sphere
OF It's operations consequently, among the leading
prominent grants of power by the States to Con. |
gress, the grant over this subject In the following
words" Congress shall have power to establish
post Offices and post roads"
Tins grant OF power Is found in the same clause |
ana Is expressed IN the same words and language OF