In Mr. Professor Malkin's introductory Lecture on History, before the London University, in March, 1830, he states, (p. 14,) "It is understood, that in England the first mode adopted for a proper and regular conveyance of letters was in 1649, weekly, and on horseback to every part of the kingdom. The present improved system by mail-coaches was not introduced until 1782."
     4.    There is, in Bioren and Duane's Edition of the Law of the United States, (Vol. 1, p. 649, &c.) an account of the post-office establishment, during the revolution and before the constitution was adopted. Dr. Franklin was appointed in July, 1775, the first Postmaster General. The act of 1782 directed, that a mail should be carried at least once in every week to and from each stated post-office.
     5.    American Almanac, 1830, p. 217; Dr. Lieber's Encyc. Amer. article Posts, ante, vol. iii. p. 24, note.
     6.    See Sergeant on Const. Introduction, p. 17, (2d Edition.)
     7.    Journal of Convention. 220, 256, 257, 261, 357.
     8.    4 Elliot's Debates, 279.
     9.    4 Elliot's Debates, 354; Ibid. 233.
   10.    The Federalist, No. 42.
   11.    4 Elliot's Debates, 354.
   12.    4 Elliot's Debates, 354, 355.
   13.    Aware of the difficulties attendant upon this extremely strict construction, another has been attempted, which is more liberal, but which it has been thought (as will be hereafter seen) to surrender the substance of the argument. It will be most satisfactory to give it in the very words of its most distinguished advocate:

"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 connexion 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, that there would be any difference of opinion among them. We are satisfied, that all of them would answer, that a power was thereby given to congress to fix on the towns, court-houses, and other places, throughout our Union, at which there should be post-offices; the routes, by which the mails should be carried from one post-office to another so as to diffuse intelligence as extensively, and to make the institution as useful, as possible; to fix the postage to be paid on every letter and packet thus carried to support the establishment; and to protect the post-offices and mails from robbery, by punishing those, who should commit the offence. The idea of a right to lay off the roads of the United States, on a general scale of improvement; to take the soil from the proprietor by force; to establish turnpikes end tolls, and to punish offenders in the manner stated above, would never occur to any such person. The use of the existing road, by the stage, mail-carrier, or post-boy, in passing over it, as others do, is all, that would be thought of; the jurisdiction and soil remaining to the state, with a right in the state, or those authorized by its legislature, to change the road at pleasure.

"The intention of the parties is supported by other proof, which ought to place it beyond all doubt. In the former act of government, (the confederation,) we find a grant for the same purpose, expressed in the following words: 'The United States, in congress assembled, shall have the sole and exclusive right and power of establishing and regulating post-offices from one state to another, throughout the United States, and of exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said post-office.' The term 'establish' was likewise the ruling one in that instrument and was evidently intended and understood to give a power simply and solely to fix where there should be post-offices. By transferring this term from the confederation into the constitution it was doubtless intended that it should be understood in the same sense in the latter that it was in the former instrument and to be applied alike to post-offices and post-roads. In whatever sense it is applied to post-offices it most 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 cannot 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 he coeval with settlements. They lead to all the places mentioned, and to every other, which the various and complicated interests of society require.

"It is believed that not one example can be given, from the first settlement of our country to the adoption of this constitution, of a post-office being established, without a view to existing roads; or of a single road having been made by pavement, turnpike. &c. for the sole purpose of accommodating a post-office. Such, too, is the uniform progress of all societies. In granting then this power to the United States, it was, undoubtedly, intended by the framers and ratifiers of the constitution, to convey it in the sense and extent only, in which it had been understood and exercised by the previous authorities of the country.

"This conclusion is confirmed by the object of the grant and the manner of its execution. The object is the transportation of the mail throughout the United States, which may be done on horse-back, and was so done, until lately, since the establishment of stages. Between the great towns, and in other places, where the population is dense, stages are preferred, because they afford an additional opportunity to make a profit from passengers. But where the population is sparse, and on cross roads, it is generally carried on horseback. Unconnected with passengers and other objects, it cannot be doubted, that the mail itself may be carried in every part of our Union, with nearly as much economy, and greater despatch, on horseback, than in a stage; and in many parts with much greater. In every part of the Union in which stages can be preferred, the roads are sufficiently good, provided those, which serve for every other purpose, will accommodate them. In every other part, where horses alone are used, if other people pass them on horseback, surely the mail carrier can. For an object so simple and so easy in the execution, it would, doubtless, excite surprise if it should be thought proper to appoint commissioners to lay off the country on a great scheme of improvement, with the power to shorten distances, reduce heights, level mountains, and pave surfaces.

"If the United States possessed the power contended for under this grant, might they not, in adopting the roads of the individual states for the carriage of the mail, as has been done, assume jurisdiction over them, and preclude a right to interfere with or alter them? Might they not establish turnpikes, and exercise all the other acts of sovereignty, above stated, over such roads, necessary to protect them from injury, and defray the expense of repairing them? Surely, if the right exists, these consequences necessarily followed, as soon as the road was established. The absurdity of such a pretension must be apparent to all, who examine it. In this way, a large portion of the territory of every state might be taken from it; for there is scarcely a road in any state, which will not be used for the transportation of the mail. A new field for legislation and internal government would thus be opened." President Monroe's Message, of 4th May, 1822, p. 24 to 27.
   14.    Johnson's Dict. ad verb.; Webster's Dict. ibid.
   15.    Ordinance of 26th July 1775; 1 Journal of Congress, 177, 178.
   16.    Ordinance, 18 Oct. 1782; 1 U. S. Laws, (Bioren & Duane,) 651; 7 Journ. of Congress, 503.
   17.    See 4 Elliot's Debates, 356.
   18.    See Act of 18th of October, 1782.
   19.    4 Elliot's Debates, 356.
   20.    M'Culloch v. Maryland, 4 Wheat. R. 316, 417.
   21.    See the laws referred to in Post-Master-General v. Early, 12 Wheat. R. 136, 144, 145.
   22.    4 Elliot's Debates, 356.
   23.    4 Elliot's Debates, 356.
   24.    See Rawle on the Constitution, ch. 9, p. 103, 104.
   25.    4 Elliot's Debates, 356.
   26.    No. 42.
   27.    See Rawle on the Constitution, ch. 9, p. 104.
   28.    1 Tuck. Black. Comm. App. 265.
   29.    Rawle on the Constitution, ch. 9, p. 103, 104.