The necessity for uniform action deprived the States of both copyright and patent control and gave it to the central agency—powers trivial in themselves, but potent in the unforeseen work of transferring the trust and gratitude of men of learning and ability from their several States to the Union. "The encouragement of learning" is sufficiently indefinite to become a giant by interpretation. This was apparent in the very first session of Congress. To his petition concerning his magnetic maps and charts, Churchman had added a prayer for "the patronage of Congress" in undertaking a voyage to Baffin's Bay for studying the cause of the variation of the magnetic needle—a problem handed down from Columbus. The proposition was defeated in the House, although only five to eight hundred dollars was suggested, because of the deranged condition of the national finances. Only one member expressed a doubt as to the constitutional power of Congress to do more than reward inventors by patents. Although the Constitution explicitly confined the encouragement to granting of exclusive rights to the use of the invention, the cause of defeat was not the lack of constitutional power, but the lack of means.
Washington, the friend in Virginia of every movement for the public benefit, showed no fear lest Government assume too much power in this particular. Years before, he had voted in the Legislature of his own State to give exclusive right to a stage-owner to carry passengers over a road because "he had expended a considerable sum of money in the purchase of carriages and horses … which will be productive of considerable public convenience and utility … and therefore it is reasonable that he should possess for a reasonable time any emoluments resulting therefrom." Once, in complaining to Jay that the Postmaster-General under the Confederation had delayed the Virginia mails by using horses and showing an antipathy to patronising the stages, Washington had said: "It has often been understood by wise politicians and enlightened patriots that giving a facility to the means of travelling for strangers and of intercourse for citizens was an object of legislative concern and a circumstance highly beneficial to any country." Now, in his message to the second session of the First Congress, he took occasion to suggest to the members "the advancement of agriculture, commerce, and manufactures," and "the promotion of science and literature." He advised them to consider whether these desirable objects could be "best promoted by affording aids to seminaries of learning already established, by the institution of a national university, or by any other expedient." These simple and, at the time, unsuspected phases of paternalism must not be ignored in an examination of the growth of the Union. The most rigid of the strict-construction Presidents became helpless before them, or never foresaw their possibilities. From such small beginnings came the various scientific expeditions, the investigations for the benefit of agriculture, the printing and distribution of books, the distribution of garden seeds, the vast donations of land and money for higher education, and the many other ways in which the Union has expanded under no other warrant than the simple requirement in the Constitution that Congress "promote the progress of science and useful arts by securing for a limited time to authors and inventors the exclusive right to their respective writings and discoveries."
In his early messages to Congress, Washington was accustomed to call the attention of members to "facilitating the intercourse between distant parts of our country by a due attention to the post-offices and post roads." This was no new power given to the Central Government as was the right to encourage learning, but it had even more possibilities of extension through interpretation. The monopoly of carrying the mails, now generally claimed by all governments, may be traced to the assumed prerogatives of the Stuarts in England. A few attempts had been made in the dependent days by individual colonies to regulate the carriage of letters, but the provisions of an act of Parliament in Queen Anne's reign for appointing deputy postmasters- general in the colonies placed the posts directly under the care of the royal Government.
The use of the mails without government censorship was essential to the patriots in the American Revolution for carrying out their plans. Nearly a year before independence, the Continental Congress set up a revolutionary postal system to replace the express riders which they had thus far used. Franklin, the colonial deputy for America, who had brought the posts to a high proficiency before he was dismissed for sympathising with his countrymen, was placed in charge. Gradually these "constitutional" post-riders and postmasters supplanted the royal officials, and Congress in time inherited the monopoly. The Articles sanctioned this assumption by giving Congress the sole and exclusive power over the transportation of the mails passing from one State to another, collecting sufficient postage to pay for the same, but tacitly leaving to each State the control of its internal postal system. So little did the postal system develop under this arrangement that, with the exception of an extension fortnightly to Pittsburg and the establishment of a few cross-lines, the main line in 1789, extending from Portland, in Maine, to Savannah, Georgia, had improved but little since Franklin established it years before. There were only seventy-five post-offices in the whole United States in 1789, and they collected less than $40,000 a year.
So essential to the intelligence and happiness of the people did a well-regulated postal system appear, and so properly an interstate agency, that no opposition was heard in the convention to that clause of the Constitution which said: "Congress shall have power to establish post-offices." In the second and in the final draft of the document the words "and post roads" were added, by a vote of six States to five, without debate, according to Madison's notes. In the series of papers now known as the Federalist, Madison, when attempting to quiet the fears of the people upon the possibility of the Central Government securing too much power under the Constitution, said of this provision: "The power of establishing post-roads must, in every view, be a harmless power." Little could he foresee that within ten years he would be called upon by his great chief, Jefferson, to decide whether "to establish" meant to lay out a road, to construct it, or simply to adopt an existing one. "Does the power to establish post roads given you by the Constitution mean that you shall make the roads or only select from those already made, those on which there shall be a post?" wrote Jefferson, taking Madison to task for this fresh assumption of power in the Congress of which the latter was a member. "We have thought hitherto that the roads of a state could not be so well administered even by the state legislature as by the magistracy of the county on the spot. How will it be when a member from New Hampshire is to make out a road for Georgia?" Really, the carrying of the mails was a power not expressed, but deduced, if fine distinctions were to be made.
Still another power was expressly given to the Union which had not existed under the Confederation and had never been exercised—the right to create new States from original soil; to speak into existence rivals of the agencies through which the Union itself had been created. When the States gave this right to the Central Government, they furnished a weapon most deadly to their continued supremacy. "No state shall be deprived of territory for the benefit of the United States," declared the Articles. It was to guard against this danger that the States in ceding their western land, and the Central Government in accepting it, had mutually agreed to convert it into States of a limited size as rapidly as population would warrant. As has been shown, unsuccessful steps had been taken under the Confederation to carry out this agreement, "without the least colour of constitutional authority," as Hamilton said in the Federalist.
The law of balance, if not of retribution, finds an illustration in the manner in which the fear of the States lest they give the Union too much power over the lands led eventually to a greater loss of power. Their jealousy of each other prevented the land being held by any one of them. They could not hold it severally, neither could they so dispose of it. When they thought of converting it in time into new States, no workable plan could be devised for such a disposition unless they acted jointly. The control had to be given to the Union. For these reasons, the Union became the parent of all the States except the original thirteen and Texas. It was inevitable that the sympathy of the people during the preliminary condition of a Territory should be weaned away from the original States and their allegiance gradually transferred to their benefactor, the Union. Unfortunately for State supremacy, the process did not end, as then seemed probable, with the Mississippi, but was prolonged for a century by new accessions of territory.
The new Congress had not long to wait for an opportunity of fulfilling the promise made almost ten years before. In his second message, the President sent to Congress a petition for statehood from an authorised convention of the people inhabiting the district of Kentucky, together with a permission to that end from the parent State, Virginia. Both papers had been inherited from the old Congress. As the President said, they contained "sentiments of warm attachment to the Union and its present government." Such a happy termination of the sixteen years' contest between the trans-Alleghenians and their parent State, as well as such a final contradiction to the repeated rumours of the secession of Kentucky, caused the speedy enactment of a law "that upon the aforesaid first day of June, one thousand seven hundred and ninety-two, the said new state by the name and style of the state of Kentucky shall be received and admitted into this Union as a new and entire member of the United States of America." A few days later it was decreed in another simple law that Vermont should be admitted on March 4, 1791. New York, the parent State, had agreed to release her on payment of thirty thousand dollars. Vermont secured the prior admission because her application named no day, as that of Kentucky did. In the creation of these two States, the nascent Union was not only adding to its strength, but was removing for ever two of the most alarming cases of possible secession which had thus far menaced it.