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
Mr. S. begged gentlemen to turn their attention for a moment to the
statute book, and see what the practice of the government had been; what
had been already done by Congress in virtue of this power of
"establishing post offices and post roads." In 1825 an act had been
passed, without a word of objection, which went infinitely further than
the bill under consideration. His colleague (Mr. Buchanan) was then a
member of this House, and, no doubt, voted for it. His eloquence was
then mute--we heard nothing about States rights, spectres, and sedition
laws. This bill, regulating the post office establishment, not only
created some thirty or forty highly penal offences, extending not only
over the Cumberland Road, but over every other road in the United
States, punishing with severest sanctions, even to the taking away the
liberty and the lives of the citizens of the States, and requiring the
State courts to take cognizance of these offences and inflict these
punishments. This was not all: this act not only extended over all the
mail roads, but all other roads running parallel with them, on which all
persons are prohibited, under a penalty of fifty dollars, from carrying
letters in stages or other vehicles performing regular trips; and
authorizing, too, the seizure and sale of any property found in them for
the payment of the fines. The same regulations applied to boats and
vessels passing from one town to another. Compare that bill with the one
under debate. This bill had two or three trifling penalties of ten
dollars, and was confined to one road of about one hundred and fifty
miles in extent, made by the United States, while the other act, with
all its fines and forfeitures, pains and penalties, extended not only to
all the mail roads in the United States, but also to all parallel roads;
yet no complaint was then heard about the constitutionality of this law,
or the dreadful consequences of carrying the citizens hundreds of miles
to be tried. Under it no difficulties had ever been experienced, and no
complaint had ever been heard. There had been no occasion for appointing
United States Justices and creating federal courts to carry this law
into effect, about which there was so much declamation on this occasion:
this was truly choking at gnats and swallowing camels. To take away
_life_ by virtue of the post office power for robbing the mail, is
nothing; but to impose a fine of ten dollars for wilfully destroying a
road which has cost the government a million of dollars, is a dreadful
violation of State rights! An unheard of usurpation, worse than the
sedition law; and went further towards a dissolution of the Union than
any other act of the government. Such were the declarations of his
colleague; he hoped he would be able to give some reason for thus
denouncing this bill, after voting for the act of 1825, which carried
this same power a hundred times further than this bill, both as regards
Public-domain text, read in full here on John Shaqi.
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