New-York daily tribune., 1844-01-18

| UxcoS.rlTUrIoGALIrY OF The Laws or CoSGREss fN0
! HGEIrrSG PRIVATE MAILS. b. LYsAHDER SPooHhN
The whole scope OF this Pamphlet goes 10
prove that the power granted BY the Constitution
to Congress, to establish Post Roads and foSt-
Offices, is not en crciuSire power,-the woEoS o.
the grant being, g Congress shall have power 70
| establish Post-Offices and Post Roads" lhis
| the author contends, does not amount 10 pro
hibition to Others from establishing them. 1t l.
a simple grant of authority to Congress to eslao-
lish Roads. &c. without encroachlng at all on
the RIGHT of the individual to do the same thing
if he likes. If the Constitution designed to imlt
| the power Of individuals, there would nave oeei'
a clause to that effect.
Again: the power to establish Pubic Mails,
and the power to prohibit Private Mails, he con-
ceives to be two entirely distinct things-and be-
cause Congress can do the former it does not
follow by any means it can DO the latter.
The power to borrow money is ceded TO Con-
orass by the Constitution but that docs not pre-
vent individuals from coming into the market
and bidding for money in competition with 1t.
This might be as dsadvantageous to Congress
as the establishment of Private Mails in compe-
tition with Public ones, but it cannot be helped.
He thinks the People have never surrendered
their rights in this respect, but as principal IN
the transaction, have given Congress power TO
establish Mails, while they themselves are left at
perfect liberty to send by them or not, as they
| please IF the clause were construed otherwise.
| it would be an cncroachment on the power Of the
.l,, al Of Tho
| People The argument from the fact that the
establishment OF Private Mails diminisheS the
revenues of the Post Office is worthless for, on
the same ground Congress might prohibit home
manufactures, since they lessen importations
from abroad, and hence the revenue accruing
from them. Again in the old articles OF Confede-
ration. it was declared that ''thc United States
in Congress assembled. shall have the sole ana
ercillSice right and power OF establishing. and
regulating Post-O Offices from one Stateto another
throughout ali the United ;States.'' When the
Constitution came to he adopted. the 8 sole and
ercluSice" was struck out, winch lntimates
plainly that Congress did not mean to claim the
2rcjuSiue power now claimed for it moreover If
it were so, then it would extend 10 all parts Of
the country, and prevent people from establishing
roads for their own convenience where the Gov
ernment had nonc-so that the power interpreted
in this strict way would amount 10 this-that
Congress could give ust many post roads as
1t pleased TO the. country, and no more-and,
however inadequate they might be, the people
could establish none Of their own.
The power to levy taxes, and the power to es-
tabsh post roads are III precisely the same terms.
But no one claims that the power in the former
case is exclusive, neither can it be then in the
latter. If there were no other argument the
author thinks the clause preventing Con
grcss from making any law abridglng the free
dom of speech and the press" would be
conclusive, as the freedom of speech refers not
merely to utterance of words, but the commune
cation of ideas''-the same is true of the g free
dom Of the press" this is limited when free cir
cuaton of papers is prevented.
The power to regulate commerce, which the
Postmaster quotes as parallel to the power of
establishing roads, is thought to be entirely
different, as commerce is a unit. There can be
but one commerce. and hence authority over it
must be exclusive, while it is not SO with post
Offices and roads. There is also a want Of ana
logy in that Congress is vested with power to
! regulate" not establish commerce. The whole
! argument is concluded with some remarks on the
erpedicncy of allowing private mails. Our au-
| thor thinks its eTpediency plain its con-
| StitutionaIty.
This pamphlet deserves attention. 1t is GER
tainly an able statement of one side of the sub
ect, and the people may find after all that the
Post Master has stretched point in the Constr
! tution-the Attorney General Of the Government
to the contrary Notwithstanding
MopERS CHry.LRY, or New Orlando Furoso By w
HARRISON Alnsworth.
Mr. Winchester has Just published this work
the cheap edition form. 1t is considered one
Of the best of Mr.. Ainsworths novels It does
not deal IN the horrible as much as many of his
| former works, and attempts more to dencate So
ciety III It's present aspects. On this account We
| think 1t possesses more interest, and has better
| claims to popularity than most he has written
An ADDIEss rpov EpucArlyy AND CoMMov SCHOOLS de-
HNered at Coop"rstown by } tmeS Henry, JT
| Ihls is an excellent address on one of the most
important subjects that can interest the country.
ic takes up not only physical, and mental, and
moral education, but goes into practical questions
the arrangement and control of the whole ma
chnery of common schools. 1t is impossible TO
give an adequate idea fits excellence in the short
space we can devote to it, but we cheerluy re-.
commend it to others.
Gnr-Jha Pufi;,Io G Cnmn,arc;ol of VraIra.1.,,.
given an account OF heavy gale III that port. The