in their mouth, and a two-edged sword in their hand. To execute vengeance upon the heathen, and punishment upon the people. To bind their kings with chains, and their nobles with fetters of iron. To execute upon them the judgment written this honor have all His saints."

With this proud consciousness, the lust of dominion is justified by their own orthodoxy of belief and the heresy of their enemies, and its gratification favored by the disunion of their opponents and their struggle for absolute power for themselves. The more western countries of Europe have but one way of escape from Russian supremacy; namely, to form themselves into a thorough and consistent opposition to her principles, by accepting free democratic sentiments, and developing them in all directions in the State, thereby embracing with renewed enthusiasm a practical Christianity, with all its deep, inward, joyful peace and freedom. Thus would they be outwardly and inwardly armed, and the threatening storm of Panslavism, ideal and practical, would melt before them into mist. Would that all men of Western Europe might accept, with the joyful certainty of victory, the truth held up to us by the celebrated Swiss theologian, Merle d'Aubigne, ("Luther and Calvin, or the Lutheran and Calvinistic Churches, their difference and their essential unity,") "Democracy is the future towards which all nations are advancing." Would that all the governments of Western Europe, and especially of Germany, would pay attention to the words of St. René Taillandier, (Rev. des deux Mondes: Hist. du parlement de Frankfort, Paris, 1849, IV. 148;) "The triumph of the feudal and pietistic party would be the triumph of Russia, and after having perforce made use of this dangerous ally, Vienna and Berlin should be thinking of fortifying themselves against her. It would be wise for these governments, after the disorders of the two last years, to reject the counsels of a blind reaction, and themselves raise up the constitutional party. In the present condition of Germany, this would be not merely an act of generosity, it would be the most sagacious policy. The revolutionists have compromised the ancient unity of Germany, and put her liberties in peril; let the governments repair all these disasters; let them lay the foundations of a new union; let them secure to modern society the legitimate guarantees demanded by the progress of reason. The revolutionists have brought Russia into Germany; let the governments, by taking up the liberal side, protect Germany against Russian influence!"

ART. VI. THE POSTAL SYSTEM EXCLUSIVE.

AMONGST the various topics that grow out of the postal system of this country, is one which touches the basis of the establishment. It is now, for the first time, denied that that system has had, or has any legal existence under the Constitution as a monopoly. A denial from a high source, and calmly and clearly made, is entitled to consideration. All constitutional questions are grave and momentous ones; but the extent of operation and the influence of the post-office department are such; its economy, revenue and success, and the necessities of the people depend on such influences, that this becomes one of the most important ones which can be presented to the people.

The source from which, if at all, Congress derives the power to claim a monopoly in the post-office department, is the clause in the Constitution, authorizing that body "to establish postoffices and post-roads," Art. 1, §8, and " to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested," &c.

Under this sanction, Congress has, during the whole course of the government, passed laws more or less exclusive in character. It has been very justly stated as "the result of an analysis of the post-office legislation of the country, that under the power to establish post-offices and post-roads, the general government has claimed the right to raise a revenue by postage on letters, and the exclusive right to convey mailable matter, not only throughout the country, but also between our own and other countries."

The question is whether the Constitution confers any such exclusive right. Let the right of mail carriage throughout this country be first considered.

The most obvious remark, that the power is not granted in exclusive terms and is not prohibited either to States or individuals, will be found to have little force. Besides begging the question, it involves a doctrine of construction that has never been held sound, and, what is of more impor tance, it precludes all considerations relating to the subject matter and the objects of the grant.

A constitutional frame of government cannot be thus construed. It is not, in all or most instances, to be settled by mere rules of grammar or scientific definition of terms, which, like analogies and juxtaposition, may aid in construction, but rather

by the nature, objects and origin of the grant. ger in adhering to the strict letter.

There is dan

There is another danger of being misled by the classification of what was not written with a view to classification, though that may be a help to a certain extent and for certain ends. Thus, because certain powers, granted to Congress, are prohibited to the States, such as the regulation of commerce, the treaty making power, and the right to coin money, the rule, expressio unius exclusio alterius, is not to be applied and the inference drawn that all not prohibited are reserved to the States. Nor can it be held that this power is not exclusive because it is not in terms granted to Congress exclusively, as is the right of legislation over "forts, arsenals, the District," &c. Nor can one justly go a step further, and hold that this power is exclusive, because the exercise of a like power would be incompatible in its very nature, as is the right of naturalization; or claim the converse, that, so far as a concurrent exercise of the power did not prevent or interfere with the exercise of that granted, it would be lawful.

There are subjects, over which the power granted to Congress must, from the nature of those subjects, be exclusive. The surrender of fugitives from labor is a matter of international concern. The right of granting patents and copy-rights, had the word "exclusive" not been used, would, from the nature of the things, have been exclusive. Over other subjects, Congress has jurisdiction which is exclusive to a certain point; yet the States may also legislate upon them. Instances are seen in license and quarantine laws. On others still there is concurrent legislation and direct or incidental interference.

Now the power in question is not granted exclusively, nor granted to Congress and prohibited to States or persons, in terms; it is not indivisible by nature; it is not of exclusive international concern, so that for that cause it must be under the control of a power above the States to keep them from conflict; it is not of such a public national character that it must be vested in the general government, as alone fit to negotiate with foreign powers; it must obviously depend on considerations different from those that govern these various classes of cases, though they may all serve to illustrate it.

If this be correct, many of the objections to the exclusive grant of the power are disposed of. We must turn, then, from that construction, which is based on punctuation, collocation, and rules of an arbitrary nature, to that construction which

looks to the nature, history and ends of the thing itself and of the government.

Now the first inquiry is, at the time of the formation of the Constitution, what was understood by the terms post-offices and post-roads, which Congress had the power given to it to establish. One might stop at any point, from the mere designation of buildings and routes, up to the monopoly of mail carriage -the present postal system. How far was the grant actually thought to extend when it was made?

Post-offices and post-roads are of recent origin. Under the English government, the carriage of the mails of the realm, had been an exclusive right; a monopoly, secured as a source of revenue to the King, or some subject, by grant; as the various acts of parliament, from the time of the first establishment of mails downwards, show.

In this country, under the colonial governments, a few short periods excepted, the post-office had always been understood to mean, not a place of deposit, or for receipt and delivery of letters; not the carriage of the mails; not alone a system of offices, posts, and officers; but the department in which was vested the monopoly of the mail business of the country.

In the earlier history of the Colonies, indeed, we find the Virginia idea of a post-office. Thus in Massachusetts, on the records of the General Court in 1639, 5th, 9th month, it appears that:

"For preventing the miscarriage of letters: It is ordered Richard Fairbanks his house in Boston is the place appointed for all letters, which are brought from beyond the seas, or are to bee, sent thither; are to bee brought unto him and he is to take care, that they bee delivered, or sent according to their directions and hee is allowed for every such letter 1d. and must answer all miscarriages through his own neglect in this kind; provided that no man shall bee compelled to bring his letters thither except hee please."

In 1667 the merchants of Boston presented to the General Court this petition :

"We whose names are under written, hearing many complaints made by Merchants and others, and several of us being sensible of the loss of letters: whereby Merchants especially, with their friends and employers in forraigne parts are greatly damnified : many times the letters imposted and throwne upon the Exchange so that who will may take them up: no person without some satisfaction being willing to trouble their houses therewith: so that

letters of great moment are frequently lost: our humble request, therefore, to this Honoured Court is, that they will please to depute some meet person to take in and convey Letters according to their direction: and the Honoured Court sett the prices on letters & state that affaire. And if this Honoured Court please, we suppose Lt. Richarde Way may be a fit person for that service. (Signed) William Brattle & others."

The act of

But in 1693 a postal system was established. Massachusetts, after reciting that their Majesties in 1691 had, by letters patent, granted, for the term of twenty-one years, the right to establish an office, enacted that a general Letter Office be erected and established in some convenient place within the town of Boston, from whence all letters and pacquets could be sent into any part of their Majesties' dominions; and it conferred on "the master of the Office, his servant or agent & no other person or persons whatsoever," the right of "receiveing, takeing up, ordering, dispatching and sending post or with speed and delivering of letters and pacquets whatsoever" where posts should be established, except letters of merchants and masters sent by any masters of ships, &c., and letters sent by private friends on the way of their journey, or by special messenger.

The act after fixing the rates provides :

"That no person or persons whatsoever, or body politic or corporate, other than the Post Master general aforesaid shall presume to carry, recarry or deliver letters for hire other than as before expressed, or to set up or employ any foot post, horse post or pacquet boat whatsoever, for the carrying, conveying and bearing of any letters or pacquets, by sea or land within this Province, or shall hire or maintain horses & furniture for the equipping of any persons riding post with a guide & horn, as is usual in their majesties' realm of England, upon the pain of forfeiting the sum of forty pounds current money of this Province for every several offence against the tenor of this present act, to be sued and recovered in any Court of record within this Province, by bill, plaint or information, wherein no essoyne, protection or wager of law shall be allowed," &c.

It then provides that all letters or pacquets brought by any masters of ships, or their company or passengers, must be delivered to the Postmaster to be delivered by him. Provisions were made to compel the Postmaster to support the reg ular posts, to deliver and despatch promptly and to stamp all