The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-12-08

the service generally is performed satisfactorily TO
the public, and with punctuaIity in all It's depart
ments which does credit to the several subordinate
agents concerned. Contractors have been promptly
paid as their demands have been presented and the
revenue OF the Department collected has been
counted Tor with unusual and praiscw orthy punctu-
ality by the Deputy Postmasteis
Greater security has been given to the public mail
by the substitution OF new mail locks Of excellent
quality, within the past year.
The vigilance of the Special Agents in ferreting
out and bringing to Justice depredators has tended
greatly to lessen, within the past year, violations of
the mall
The difficulties Of efecting contracts with the rail-
in proportion to the services rendered. and within the
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 re.
urge the views upon that subject presented 10 your
consideration in my last annual Report
Ii, however, the power of contracting with these
companies every four years. shall be continued with
the Postmaster General, l would respectfully sug-
gest that the acts Of Congress be far changed as
to dispense with the idle ceremony and useless
pense of advertising for the lowest bids on those
roads where there is and can be no competition.
contract could be WELL if not better, made by pri
vate arrangement than public advertisement.
Experience has convinced me that the law of 1896,
LOT Oh TINS department.,
in many particulars, a modification, which l shall
take the liberty, from time to time in appropriate
manner, to present to the notice Of the committees
of the two Houses Of Congress- usually appointed to
take charge of the Legislative business of the Post
Office Department.
II will appear by reference to the statement of
the gross revenue Of the Department for the years
l64l, lS42, and lSA3, as given above, that while the
revenue Of 1912 greater than that of l84l that
Of lS43 is less by $3.50 800 10 than the revenue of
1912
The causss OF this declsnsion ia the revenue of
l843 may be various, some referring themselves to
the state Of the business Of the country am, how
ever fully persuaded BY facts and testimony which
hsvs been brought 70 my knos ledge, usat cause,
not the principal one may be ascribed to the ope-
rations Of the numerous private posts under tho
name Of Expresses, which have sprung into existence
within tho past few 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 engaged in
the business of transporting letters and mail matter
for pay to great extent is fact which will not be
seriously controverted. That the revenue of the
Department has been greatly reduced by their ope-
ratiens, no one will question who may investigate
the facts.
The facts which relate to Of these cases, re.
ported to the Department. were submitted to the late
Attorney General Mr.. Legae, for his opinion of the
law arising upon them copy of his opinion is an
nexed. r. influence by that opinion, which was
ject directed prosecution against all the offenders
to be instituted in the United States Court for the
Southern district Of New York. A case rs. Adams
& Co.. was tried few days since in that Court, and
resulted in the acquital of the defendants This
qutta from official report by the District Attor
ney, copy of which [3.] accompanies this report,
would seem to have been caused by defect in the
existing laws. Under these laws, am advised, this
case cannot be brought before the Supreme Court for
final adjudication.
NhoI fort ho, III e.
porting mail matter Post Roads, were enacted
when the transportation of the United States mail
was comm, to stages, steamboats, and horses
Rail Roads were not then in existence 10 the United
States; and the penal sanctions Of the law are not
adequate to the suppression Of the practice.
Rail Roads, whilst they are the most extensive
mode of transporting the United States mall furnish
to those who choose the easiest and cheapest mode
Of violating the laws prohibiting the establishment Of
private posts. Duty compels me to state it as my
opinion, that, without further legislation upon this
subject by Congress, the of the Department
WILL IN time, be so far affected by the inroads of pr
vae expresses, that the service i'll either have to 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
cally. These opinions have been attacked and con-
trovered by many, and the question distinctly pre-
sfHtcu, WnctneT Tue power granted 10 congress 10
establish post Offices and post roads is penary and
exclusive.
1t is commended by some, that though this power is
granted to Congress- individuals and companies have
right to carry the business Of transporting let
tiers, &C., over the post roads Of the United States
and all laws which forbid them are void and usurpa-
tons upon individual right.
Others contend that The Post Office system is an
odious monopoly, and ought to be abolished. These
are grave questions, urged by portion Of power
iul press, and sustained by the influence Of those
whose Interests are involved They are questions
which, II they have not been settled by the Legisla
tive and Judiciary Departments Of the Gevernm
should now be settled
The power to 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 to exercise the right
II there be any one subject concerning the internal
interests of the States and the people, which should
be 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. uniform,
equal and harmonious system can only be conducted
by power co-extensve with that system 1t is alb
surd, therefore, to contend that the mail system can
be left to the States TO individual enterprise The
members of the Convention who formed the Consti-
tuition understood this subject better. They knew
that the control Of this subject must be confded 10
power which pervaded, pro hac rice the whole sphere
OF its operations consequently, among the leading
prominent grants Of power by the States to Con-
gress, is the grant this subject in the following
words" Congress shall have power to establish
post Offices and post roads"