Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/41

 CH. XVIII.] of trade. Our laws speak of establishing navy-hospitals, where land is to be purchased, work done, and buildings erected; of establishing trading-houses with the Indians, where houses are to be erected and other things done. The word is constantly used in a hke sense in the articles of confederation. The authority is therein given to congress of establishing rules in cases of captures; of establishing courts of appeal in cases of capture; and, what is directly in point, of establishing and regulating post-offices. Now, if the meaning of the word here was simply to point out, or designate post-offices, there would have been an end of all further authority, except of regulating the post-offices, so designated and pointed out. Under such circumstances, how could it have been possible under that instrument (which declares, that every power not expressly delegated shall be retained by the states) to find any authority to carry the mail, or to make contracts for this purpose? much more to prohibit any other persons under penalties from conveying letters, despatches, or other packets from one place to another of the United States? The very first act of the continental congress on this subject was, "for establishing a post," (not a post office;) and it directed, "that a fine of posts be appointed under the direction of the post-master general, from Falmouth, in New-England, to Savannah, in Georgia, with as many cross-posts, as he shall think fit;" and it directs the necessary expenses of the "establishment" beyond the revenue to be paid out by the United Colonies. Under this, and other supplementary acts, the establishment continued until October, 1782, when, under the articles of confederation, 5