The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-11-25
To the Editor Of The Republic.

| The idea of having national road through
this State is fast making its way and becoming
popular among our monopoly ridden people
tired as they are Of the exactons and oppres-
sion of the companies. find. however, that
many of them are in doubt, as may perhaps be
the case with many your readers elsewhere,
as to the power of Congress to lay out and con-
struct roads, and therefore send you enclosed
an extract from Judge Story's work, hoping
that you will afford it place in your columns.
The fact that Congress did lay out and construct
| the Cumberland road would seem to be conclu-
sive as to their right to do SO.
Yours, respectfully, .
BURLINGTON, November q, 1851.
upon the construction of this clause of the Con-
stituton two opposite opinions have been expressed
One maintains that the power to establish post
offices and post roads can intend no more than the
power to direct where post offices shall be kept,
and on what roads the mails shall be carried; or,
as it has been on other occasions expressed, the
| power to establish roads ia power to designate,
or point out what roads shall be mail roads, and
the right of passage or way along them, when 80
| designated. The other maintains that, although
these modes of exercising the power are perfectly
constitutional, yet they not the whole OF the
power and do not exhaust it. On the contrary,
the power comprehends the right to make con-
struct any roads which Congress may deem proper
for the conveyance of the mails and to keep them
| in due repair for such purpose.
"The whole practical course of the Government
upon this subject, from its first organization down
| to the present time, under every administration,
has ropudated the strict and narrow construction
of the words above mentioned. The power to cs-
tablish post Offices and post roads has been
understood to be limited to the power to point out
and designate post Offices and post roads. Resort
| has been constantly bad to the more expanded
sense Of the word "establish;' and no other sense
can include the object which the post Office laws
have constantly included. Nay, it is not only not
true that these laws have stopped short of expo.
siGon Of the words sufficiently broad justify the
making of roads, but they have included exercises
of power far remote from the immediate OBJ
ects If the practice of the Government is, there
fore, of any weight in giving unconstitutional inter-
prcaon it is in favor of the liberal Interpretation
of the clause.
! "But, passing by considerations Of this nature,
why does not the power to establish post offices and
post roads include the power to make and construct
them when wanted, as well as the power to estab.
lish navy hopital or a custom house, power
to make and construct them? The latter is not
doubted by any person; why, then, lie the former'
In each the of the ruling term "estab-
lish' would seem to be the same; in each the pow
er may be carried into effect by short of
constructing or purchasing the things authorized.
temporary use of suitable site or building may
possibly be obtained with or without hire. Besides,
why may not Congress purchase or erect post
Office building, and buy the necessary land, if it be
in their judgment advisable? Can there be just
doubt that power establish post offices includes
this power, just much power to establish
custom. houses would to build the latter Would
il not be strange construction 70 say that the alb
stract office might be created but not the o6icina,
places peculiarly fit for local poet Offices where
no suitable building could be found? And if a
power TO construct post Office buildings exists,
whore is the restraint upon constructing roads?'
Hon w. A. HARRIS, Charge d'AfIaires to the
Argentine Republic, took leave Of General Rosas,
at Bucnos Ayres, the 18th Of September, MIR.
PENnLEroN having arrived TO take his place.
Vino CANDiDATE ron MAYOR or BosroN.-Johu
II. wilkins, esq has been nominated as the Wing
candidate for Mayor Of Boston, at the election TO
take place on the second Monday in December.
|
! The STEAMER WIEFIELD ScoTT has arrived at
New York, from New Orleans, havingon board as
passenger George w. Kendall, esq editor of the
New Orleans Pieay,ns.
DR.. De KAY. a distinguished naturalist and au-
thor OF two volumes Of the Natural History OF New