The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-03

according to my humble Judgment for her benefit Rely
upon H. II you adopt the amendment you destroy The bli
With the amendment in. II will not build the road IN
my opinion, there Is no violation oil the constitution IN
the bill see no discrepancy in any of the provisions Of
the bill continuing the road as whole II you DIVIDE ~
the loss OF the benefit oil carrying the mail rs not The only
thing Alter making this advance for the purpose OF aid
ing in the construction of the road Congress reserves the
power to regulate the passage money to be charged ihe
amount OF freight to be charged If you DIVIDE oui,
and give the construction of the road in California 10 one
company. In Missouri, Arkansas, or Texas TO another,
and IN the Territories TO another. you have no conuo
over the passenger and freight charges at all III you
adopt the amendment you may strike oa the balance OF
The bill. Tor i does not correspond at all;
Mr.. MASON. | feel under some obligations to The
senator from Texas for the extent OF his researches IN
the archives OF the Senate resulting IN the producon
which he has just read-a bill which was introduced by
Mr.. Madison understand the senator 70 bring that Tor
ward precedent to show that Mr.. Madison, an ad.
mittedly great expounder OF the constitution considered
the proposition contained in that billinuoduced by hlm
in l796--conssent with the constitution; and therefore
the honorable would have US 10 infer that what
is contained in his bill is equally consistent Now, SIR
make this proposition to the honorable senator The bill
introduced by Mr.. Madison TO establish post route
between point in the North and point in the South,
and in which he considered the constitution ad
med let the senator from Texas take that bill and sub
stitue i tor his. Will he vote Tor IL as a substitute
Mr. RUSK Certainly not
Mr. MASON And why' Because he has declared
that his BILL in his impression, will construct the road !;
never intended for the purpose Yet it is adduced
here authority.
Mr., RUSk What, then. did he mean
Mr. MASON | will show you what he meant II
be meant TO construct road, why will not the senator
take his bill a substitute!
Mr. RUSk. Because he does moi provide the means
OF doing it mine does.
Mr. MASON Mr. Madlson's bill provided for a
yey but the honorable senator introduces il authority
for his bill TO construct road Now am happy to
have this occasion 10 make few remarks upon before
the Senate and before the country twas introduced IN
1895, and s presented here now US the constitutional
exposition of Mr. Madison upon the road making power
shall ask OF the reporters 10 print this bill along with
the remarks which have TO make upon it, that 1t may
go before the country as that which Mr. Madison be-
lleved was the constitutional power OF Congress TO act
upon this subject Sir. the provision OF the constitution
is simply this "Congress shall have power TO establish
post Offices and post roads" That is the whole con
sulional provision and this BILL introduced in 1885,
trainers of the constitution to expound that clause What
does that bill provide Its title is, An act concerning
pot-road from Portland, in Maine, TO Savannah. in
Georgia" The title gives the key 10 the meaning of
the bill IN lis subsequent sections, The constitution
gives power to establish posl-roads. What are post
roads Roads for the transmission OF the mail. To be
ing You find roads wherever there are people, and
wherever there people you want mails and the
saton said that Congress should have power TO desg
nate the roads-nothing more-amongst existing roads
between two points, TO designate one, and thereby es
tablish II as a osiroad
The provisions OF Mr. Madson's bill are simply these
THAT the President OF the United States be, and he
hereby ls authorized to be examined, and where
necessary 10 be surveyed the routes most proper for the
transportation OF the mail between the following places
Portland, in Maine, Boston, New York, Philade phia
Wilmington, Baltimore, city OF Washington, Aexan-
dra fredericksburg, Richmond Raleigh, Louisville and
Savannah, IN Georgia and that he report OF
such examination and survey 10 be laid before Congress-
together with the expense necessary for-doing what
For building these roadsi Not one word ke but that
che cause report OF such examination and survey TO
be laid before Congress- Tor the purpose OF enabling Goa
gress to decide which routes should be established
posi-roues The language of the bill is "For rendering
the said routes the established routes for the anspora
ton OF the mail"
Does the honorable senator say that the ramer
OF that bill intended that Congress TO construct these
roads, should go into the States should condemn the
land, should assume jurisdiction over IT. should give
power take material and put up tollgstes and DO all
that should be necessary to give efficiency 10 an artificial
road III MIR. Madison meant that, why did he not say
sol Why die he confne himself to the language OF the
constitution and conhne his bill 10 the purpose OF
bling Congress to determine which of the existing routes
should be established as postroutes Sir, presume
amongst the earliest efforts OF the statesmen OF that day
10 give effect in the infancy OF the country 10 the clause
OF the constitution which authorizes Congress 10 esab
sh postro The meaning OF the bill, them would
simply be this; There various routes between Port
land, in Maine, and Savannah, in Georgia, passing
through the cities designated in the bill Some of them
are practicable. Some oil them can be travelled by mail
coaches others only on horseback. On some, the
streams are brdged on Others not; and II Is matter of
moment TO the United States to determine which u the
most eligible for transporting the mail Now, said he,
send surveyor there sspd an engineer who may make
Reconnaissance OF these roues and when surveys
necessary, let them be surveyed; and when the work
is done, report TO Congress, with estimate OF the
expense necessary to render them post.road
say that the intention had been TO construct road
the bill would have said so, but the intention slmply
to enable Congress 10 inform the States through
which this road went that II certain work reported
survey be done upon such and such roads, shall then
be enabled to establish them posroutes III IL meant
any ything more what did IT mean' IL certainly did not
mean TO construct them. Congress had the power of
choosiDg-only the power OF election as TO which should
be established post-routes. That a preliminary
step 10 enable Congress 10 which OF the routes sbeud
be post Toutes-whch were fit 10 carry the mail. The
bill went to that extent no further.
IL went on 10 provide that not exceeding five
thousand dollars be paid OF the surplus revenues
oil the Post Oce be- and hereby IS, appropriated Tor de-
irayng the expense oil the examination and survey afoe
said" The money not 10 come out OF the treas
ury al all but out ol the surplus income OF the Post Of
hce Yet the senator from Texas presents this bill
thoy, derived from high that OF Mr. Mad
icon, for the coDstiuonality OF the provisions OF his
bill Sir do not put at all as challenge TO the
tor, but would say this him if his argument be worth
anything at all, II should lead him 10 substitute this for
his bill. Let him have a law passed by Congress Tor
the survey of the postroues between the Mississippi and
the Pacific, and report OF the expenditure necessary 10
have those routes, when they pass through States or
Territories fit 10 be established mail-roues desire
that this bill OF Mr Madison may be printed that il
may go before the country that the people may what
projected by OF the trainers OF the constitution
the extent OF power to establish posiroads and what
projected now and appreciate the mmenslty OF the diff
ference.
Mr. UNDERWOOD. | want a little more printed to
go bs to the country with that bill OF Mr. Madison read
by The senator from Texas have before the whole
debate on which that bill was founded wish the
whole OF that debate printed, and when II is printed it
will show that the gentleman IRON Virginia - wrong
from beginning to end. Here il is:
MIR Madison moved that the resolution, laid upon the