The Old Pike: A History of the National Road, with Incidents, Accidents, and Anecdotes ThereonSearight, Thomas B. (Thomas Brownfield)
History
The Old Pike: A History of the National Road, with Incidents, Accidents, and Anecdotes Thereon
Searight, Thomas B. (Thomas Brownfield)
Cumberland Road; Pennsylvania -- Biography
The power, said Mr. S., "to establish post offices and post roads,"
involves the power and duty of transporting the mail, and of employing
all the means necessary for this purpose. The simple question, then, was
this: Are roads necessary to carry the mail? If they were, Congress had
expressly the right to make them, and there was an end to the question.
Roads were, he contended, not only necessary to carry into effect this
power, but they were absolutely and indispensably necessary; you cannot
get along without them, and yet we are gravely told that Congress have
no right to make a mail road, or repair it when made! That to do so
would ruin the States and produce consolidation--ruin the States by
constructing good roads for their use and benefit; produce consolidation
by connecting the distant parts of the Union by cheap and rapid modes of
inter-communication. If consolidation meant to confirm and perpetuate
the Union, he would admit its application, but not otherwise. But we are
told that the _States_ will make roads to carry the mails. This was
begging the question. If the States would make all the roads required to
carry into effect our powers, very well; but if they did not, then we
may undoubtedly make them ourselves. But it was never designed by the
framers of the Constitution that this government should be dependent on
the States for the means of executing its powers: "its means were
adequate to its ends." This principle was distinctly and unanimously
laid down by the Supreme Court in the case already referred to: "No
trace," says the Chief Justice, "is to be found in the Constitution of
an intention to create a dependence of the government of the Union on
the States for the execution of the powers assigned to it--its means are
adequate to its ends. To impose on it the necessity of resorting to
means it cannot control, which another government may furnish or
withhold, would render its course precarious, the result of its measures
uncertain, and create a dependence on other governments, which might
disappoint the most important designs, and is incompatible with the
language of the Constitution." And this was in perfect harmony with the
constant and uniform practice of the government. * * *
Public-domain text, read in full here on John Shaqi.
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