Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
The present case affords a striking and forcible illustration of this
principle. Let it be granted that you have a right, as proprietor, by
the permission of the States, to make a road through their territories,
can it ever follow, as an incident to this mere power of appropriating
the public money, that you may exercise jurisdiction over this very
road, as a sovereign? If you could, the incident is as much greater than
the principal, as sovereign is superior to individual power. It does
follow that you can keep the road in repair, by appropriations, in the
same manner that you have made it; but this is the utmost limit of your
power. What, Sir? Exclusive jurisdiction over the road, for its
preservation, and for the punishment of all offenders who travel upon
it, and that as an incident to the mere power of expending your money
upon its construction! The idea is absurd.
Under the power given to Congress “to establish post offices and post
roads,” the Federal Government possess the undoubted right of converting
any road already constructed, within any State of this Union, into a
post road.
Let it also be granted, for the sake of the argument, that they possess
the power, independently of the will of the States, to construct as many
post roads throughout the Union as they think proper, and to keep them
in repair; does it follow that they can establish toll-gates upon such
roads? Certainly not. What is the nature of the powder conferred upon
Congress? It is a mere right to carry and to protect the mails. It is
confined to a single purpose—to the transportation of the mail, and the
punishment of offences which violate that right. This is the sole object
of the power—the sole purpose for which it was called into existence.
Over some post roads, the mail is carried once per day, and over others
once per week. With what justice can it be contended that this right of
passage for a single purpose—this occasional use of the roads within the
different States for post roads—vests in Congress the power of closing
up these roads against all the citizens of those States, at all times,
until they have paid such a toll as we think proper to impose. Let me
present the naked argument of gentlemen before their own eyes. Congress
have the right, under the Constitution, “to establish post offices and
post roads.” As an incident they possess the power of constructing post
roads. As another incident to this right of passage for a single purpose
they possess the power to assume jurisdiction over all post roads in the
different States, and prevent any person from passing over them, unless
upon such terms as they may prescribe. This would, indeed, be
construction construed. I would like the gentleman from Virginia (Mr.
Mercer) to furnish the committee with an answer to this argument. If I
were to grant to that gentleman a right of passage, for a particular
purpose only, over a road which belonged to me, what would be my
Public-domain text, read in full here on John Shaqi.
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