It is to be observed that there
is but little accord among the advocates for this power as to the
particular source from whence it is derived. They all agree, however,
in ascribing it to some one or more of those above mentioned. I will
examine the ground of the claim in each instance.
The first of these grants is in the following words: "Congress shall
have power to establish post-offices and post-roads." What is the just
import of these words and the extent of the grant? The word "establish"
is the ruling term; "post-offices and post-roads" are the subjects on
which it acts. The question therefore is, What power is granted by that
word? The sense in which words are commonly used is that in which they
are to be understood in all transactions between public bodies and
individuals. The intention of the parties is to prevail, and there is
no better way of ascertaining it than by giving to the terms used their
ordinary import. If we were to ask any number of our most enlightened
citizens, who had no connection with public affairs and whose minds were
unprejudiced, what was the import of the word "establish" and the extent
of the grant which it controls, we do not think there would be any
difference of opinion among them.
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