former instrument, and to be applied alike to post-offices
and post-roads. In whatever sense it is applied
to post-offices it must be applied in the same sense
to post-roads. But it may be asked, If such was
the intention, why were not all the other terms of
the grant transferred with it? The reason is
obvious. The Confederation being a bond of union
between independent States, it was necessary in granting
the powers which were to be exercised over them to
be very explicit and minute in defining the powers
granted. But the Constitution to the extent of
its powers having incorporated the States into one
Government like the government of the States individually,
fewer words in defining the powers granted by it were
not only adequate, but perhaps better adapted to the
purpose. We find that brevity is a characteristic
of the instrument. Had it been intended to convey
a more enlarged power in the Constitution than had
been granted in the Confederation, surely the same
controlling term would not have been used, or other
words would have been added, to show such intention
and to mark the extent to which the power should be
carried. It is a liberal construction of the powers
granted in the Constitution by this term to include
in it all the powers that were granted in the Confederation
by terms which specifically defined and, as was supposed,
extended their limits. It would be absurd to
say that by omitting from the Constitution any portion
of the phraseology which was deemed important in the
Confederation the import of that term was enlarged,
and with it the powers of the Constitution, in a proportional
degree, beyond what they were in the Confederation.
The right to exact postage and to protect the post-offices
and mails from robbery by punishing the offenders
may fairly be considered as incidents to the grant,
since without it the object of the grant might be
defeated. Whatever is absolutely necessary to
the accomplishment of the object of the grant, though
not specified, may fairly be considered as included
in it. Beyond this the doctrine of incidental
power can not be carried.
If we go back to the origin of our settlements and
institutions and trace their progress down to the
Revolution, we shall see that it was in this sense,
and in none other, that the power was exercised by
all our colonial governments. Post-offices were
made for the country, and not the country for them.
They are the offspring of improvement; they never
go before it. Settlements are first made, after
which the progress is uniform and simple, extending
to objects in regular order most necessary to the
comfort of man—schools, places of public
worship, court-houses, and markets; post-offices follow.
Roads may, indeed, be said to be coeval with settlements;
they lead to all the places mentioned, and to every
other which the various and complicated interests of
society require.