Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/44

 36 a place, (officina) where his business is to be performed. It then unavoidably includes, not merely a power to designate, but a power to create the thing intended, and to do all other acts to make the thing effectual; that is, to create the whole system appropriate to a post-office establishment. Now, this involves a plain departure from the very ground of the argument. It is no longer a power to designate a thing, or mark out a route; but it is a power to create, and fix every other thing necessary and appropriate to post-offices. The argument, therefore, resorts to implications in order to escape from its own narrow interpretation; and the very power to designate becomes a power to create offices and frame systems, and institute penalties, and raise revenue, and make contracts. It becomes, in fact, the very thing, which the other argument supposes to be the natural sense, viz. the power to erect, and maintain a post-office establishment.

§ 1129. Under any other interpretation, the power itself would become a mere nullity. If resort be had to a very strict and critical examination of the words, the power "to establish post-offices" imports no more, than the power to create the offices intended; that done, the power is exhausted; and the words are satisfied. The power to create the office does not necessarily include the power to carry the mail, or regulate the conveyance of letters, or employ carriers. The one may exist independently of the other. A state might without absurdity possess the right to carry the mail, while the United States might possess the right to designate the post-offices, at which it should be opened, and provide the proper officers; or the converse powders might belong to each. It would not be impracticable, though it would be extremely inconvenient and