32
CONSTITUTION OF THE U. STATES.
[BOOK III.
sense of the word "establish," as to "direct," "designate," or "point out." And if there were, it does not follow, that a special or peculiar sense is to be given to the words, not conformable to their general meaning, unless that sense be required by the context, or, at least, better harmonizes with the subject matter, and objects of the power, than any other sense. That cannot be pretended in the present case. The received general meanings, if not the only meanings of the word "establish," are, to settle firmly, to confirm, to fix, to form or modify, to found, to build firmly, to erect permanently.
[1] And it is no small objection to any construction, that it requires the word to be deflected from its received and usual meaning; and gives it a meaning unknown to, and unacknowledged by lexicographers. Especially is it objectionable and inadmissible, where the received and common meaning harmonizes with the subject matter; and if the very end were required, no more exact expression could ordinarily be used. In legislative acts, in state papers, and in the constitution itself, the word is found with the same general sense now insisted on; that is, in the sense of, to create, to form, to make, to construct, to settle, to build up with a view to permanence. Thus, our treaties speak of establishing
reg-
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 stale, 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.
- ↑ Johnson's Dict. ad verb.; Webster's Dict. ibid.
