Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/47

 CH. XVIII.] immediate objects. If the practice of the government is, therefore, of any weight in giving a constitutional interpretation, it is in favour of the liberal interpretation of the clause.

§ 1132. The fact, if true, that congress have not hitherto made any roads for the carrying of the mail, would not affect the right, or touch the question. It is not doubted, that the power has been properly carried into effect, by making certain state roads post-roads. When congress found those roads suited to the purpose, there could be no constitutional reason for refusing to establish them, as mail-routes. The exercise of authority was clearly within the scope of the power. But the argument would have it, that, because this exercise of the power, clearly within its scope, has been hitherto restrained to making existing roads post-roads, therefore congress cannot proceed constitutionally to make a post-road, where no road now exists. This is clearly what lawyers call a non sequitur. It might with just as much propriety be urged, that, because congress had not hitherto used a particular means to execute any other given power, therefore it could not now do it. If, for instance, congress had never provided a ship for the navy, except by purchase, they could not now authorize ships to be built for a navy, or à converso. If they had not laid a tax on certain goods, it could not now be done. If they had never erected a custom-house, or court-house, they could not now do it. Such a mode of reasoning would be deemed by all persons wholly indefensible.

§ 1133. But it is not admitted, that congress have not exercised this very power with reference to this very object. By the act of 21st of April, 1806, (ch. 41,) the president was authorized to cause to be opened a