The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
So essential to the intelligence and happiness of the people did a
well-regulated postal system appear, and so properly an interstate
agency, that no opposition was heard in the convention to that clause
of the Constitution which said: "Congress shall have power to establish
post-offices." In the second and in the final draft of the document
the words "and post roads" were added, by a vote of six States to five,
without debate, according to Madison's notes. In the series of papers
now known as the _Federalist_, Madison, when attempting to quiet the
fears of the people upon the possibility of the Central Government
securing too much power under the Constitution, said of this provision:
"The power of establishing post-roads must, in every view, be a harmless
power." Little could he foresee that within ten years he would be
called upon by his great chief, Jefferson, to decide whether "to
establish" meant to lay out a road, to construct it, or simply to adopt
an existing one. "Does the power to _establish_ post roads given you
by the Constitution mean that you shall _make_ the roads or only
_select_ from those already made, those on which there shall be a
post?" wrote Jefferson, taking Madison to task for this fresh assumption
of power in the Congress of which the latter was a member. "We have
thought hitherto that the roads of a state could not be so well
administered even by the state legislature as by the magistracy of the
county on the spot. How will it be when a member from New Hampshire
is to make out a road for Georgia?" Really, the carrying of the mails
was a power not expressed, but deduced, if fine distinctions were to
be made.
Still another power was expressly given to the Union which had not
existed under the Confederation and had never been exercised--the right
to create new States from original soil; to speak into existence rivals
of the agencies through which the Union itself had been created. When
the States gave this right to the Central Government, they furnished
a weapon most deadly to their continued supremacy. "No state shall be
deprived of territory for the benefit of the United States," declared
the Articles. It was to guard against this danger that the States in
ceding their western land, and the Central Government in accepting it,
had mutually agreed to convert it into States of a limited size as
rapidly as population would warrant. As has been shown, unsuccessful
steps had been taken under the Confederation to carry out this
agreement, "without the least colour of constitutional authority," as
Hamilton said in the _Federalist_.
Public-domain text, read in full here on John Shaqi.
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