The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-11-04

Of duty, &c. he would not have the right, nor
could Congress- authorize him, pdstnaster, toppr-
that is different branch OF the government separate
and distinct from the mail service and the power direct
ing him to purchase such supplies would be derived rom
the power to declare wal. Everything therefore,
necessnyo be done 10 carry out system OF post Offices,
Congress may lawfully do in connexion with that system,
but II cannot go beyond IL and exercise and subsan
tive power under the grant to establish post ohces
The object of the system Is 10 AFFORD the inhabitants OF
the country the of communicating with each other
by of written printed matter To divert 1t to
any other purpose and allow every species OF thing TO be
carried through the mails, would be to change 1t into
express concern violate the object the trainers OF the
constitution had in view and both the spirit and letter Of
that instrument. $50 ENt1n 81 Eu1ttf ~ ~ f1E
1t is now believe pretty well settled that under the
Thanking privilege, members Of Congress have no right 20
send silk dresses lace collars and India rubber ye,sho
to their wives Indeed it has been deed recently by
Judge Treat United States district Judge for the southern
district OF illinois, that is not liable TO in
dctment and conviction for taking gold watches out of
inc MAIL as they are not properly mailaie matter and
purloining them cannot be considered in legal sense
robbinS the mailstho government having no business
With their POSSESSION Whether this decision is correct
or NOT it is undoubtedly true that the government
not lawfully do than afford to individuals the s
of conveying that which they desire " Send by mail,
without becoming responsible fol- the safety of the matter
sent, its equvateht IN value. TO afford the of
transmission Is thing, but to insure its safe transmits
sion Is quite another thing. 1t contemplated
gage 10 convey-not TO underwrite-a md departure
from this rule would divert the service from the great OBJ
ject of its creation 10 entirely different and thus
usurp power not contained in chart of national
rights.
If it is not robbng the mail to abstract from it gold
watch, Judge Treat has determined would it be- rob
bling it to take hereom gold paper dollar, Would
change in tno shape Of the metal or the character Of
the material out of which paper dollar is made change
the legal Clearwater of The ofencea These Inquiries
tainy afford Aeld for investigation but shall not stop
now TO examine them in detail. will, however, say
that very much question whether Congress has the
right to make The taking Of felony and not the
other cf Make the taking Of anything out OF the mail
Hiohy which is not constitutionay mailable matter If
1t should pass express law allowing watches dresses
any other article of personal property to be sent
through the malls and the courts should determine that
law Unconstitutional, it would not apprehend be in
sisted that if they detained by postmaster and
were converted to his use he could be punished
crminally for violating act that had no legal exist
ence. For illustration suppose Congress should pass
act to punish in of the States for stealing
horse, could he who might be arrested for hoeseang
under it be conviced Certainly not and for the reason
that Congress not vested with power to pass such
enactment and by passing it encroached upon State
rights On the other hand il State should undertake
provide for the arrest and conviction of mail robbcr
it would be infringing upon the power OF the general
government and would fail of its object for that
Each should be strictly confined to the exercise of its
proper functions andany departure of the the other
from the strict line of its constitutional authority should
and to the liberty Of the people shock which skaters
the pillars of the temple will mark its walls with seams
dece the beauty of its outline and endanger its pcrma
nent existence t#i
Congress has power to regulate commerce, but does
this give it power to insure tho safe transportation Of
merchandise I Under this power it may fix upon the
terms of intercourse and exchange with foreign nations
e. regulate by mutual treaty the conditions Of trade
with them protect citizens in carrying that trade
and levy duty upon importatons to compensate for
that protection but all that would not authorize it to be-
underwater for the safe conveyance and delivery
of merchandise more than its engagement to convey
letter to stated place for three cents would authorize
1t to guaranty its safe arrival If you engage boat to
carry load of produce to market the owner COM
aner is not responsible If the cargo is lost by the dam
gers of the the enemies of the country TO make
him would be to hold him liable both a common
carrier and an underwater.
Congress has power to "create navy, but this does
not give to it the right to engage in the carrying trade
deal in goods and The navy is to protect
citizens and merchant vessels and our national rights and
honor the high seas and defend in time of danger
not to engage in the enterprise and business which prop
erly belong to the citizen s.f
Congress has power to 'scon money and regulate the
value thereof but it is well settled by the DELHI
crate judgment of the public that it cannot constitution
ally create national bank engage in the brokerage
business and it would bcas sacegious for it to do
it for the money changers to carry on their unhnl
lowed system of gain in the Temple at Jerusalem
Congress has power to admit States into the Union
but the simple power of admission does not confer upon
the mould dOeStlc INSTITUTIONS
late the internal police of the people, because such power
not incident to the power of admission or necessary
to be exercised in the ncpent steps to be taken for the
formation of a new State
Congress has power to establish post Offices and post
roads, but this does not confer the right to guaranty
the safe transmission of matter through the mails for
the that is not necessary incident to the power
to establish postal system It simply say to the
people afford facilities for communication their
is at your voluntary disposal and yon avail your
selves of them not at your risk. The consttu-
ton confers upon the right to establish post offices,
but it confers power to insure against loss You must
apply to individuals corporate associations you de-
sire to do that. #
roads gives to Congress authority to do than pro-
vide for the conveyance of the mails the highways
of the country Perhaps however in case of necessity
they might cause highway to be opened. AS far my
recollection serves me, such thing has been
attempted in but two instances. Some years ago
justification found for the construction of the national
road in the argument that the mails of the United States
to be transported it, and it necessary for
that purpose The completion of that road has long since
been abandoned and no appropriation for similar object
has since been attempted except it be found in those for
fhe Collins line of steamers, which and are defended
on the ground they were mere compensations that
would eventuae in cheapening the oceanic postal
vice. 4sM#
The point then, is here Is the power to guaranty
against loss incident to the power to establish and main
tain system of mails !? ] cannot believe it Is. The
whole mail arrangements of the country have been put
in successful operation and carried forward without IT,
and il Is not necessary 10 their maintenance Surely
would insist upon justification of the measure
unless it could be clearly demonstrated that benefit to
the service would grow out Of It, That it would not