The advocates of national aid urge the right to establish post roads; "I had an ancestor in the United States Senate," said ex-Senator Butler of South Carolina, "who refused to vote a dollar for the improvement of Charleston Harbor; but almost the first act of my official life was to get an appropriation of two hundred and fifty thousand for that purpose. There is as ample constitutional warrant for the improvement of public roads out of the United States Treasury--as large as there is for the improvement of rivers and harbors, or for the support of the agricultural colleges."
"But few judicial opinions have been rendered on this subject. In the case of Dickey against the Turnpike Company, the Kentucky court of appeals decided that the power given to Congress by the constitution to establish post roads enabled them to make, repair, keep open, and improve post roads when they shall deem the exercise of the power expedient. But in the exercise of the right of eminent domain on this subject the United States has no right to adopt and use roads, bridges, or ferries constructed and owned by states, corporations, and individuals without their consent or without making to the parties concerned just compensation. If the United States elects to use such accommodations, it stands upon the same footing and is subject to the same tolls and regulations as a private individual. It has been asserted that Jefferson was opposed to the appropriation of money for internal improvements, but, in 1808, in writing to Mr. Lieper, he said, 'Give us peace until our revenues are liberated from debt, ... and then during peace we may chequer our whole country with canals, roads, etc.' Writing to J. W. Eppes in 1813 he says, 'The fondest wish of my heart ever was that the surplus portion of these taxes destined for the payment of the Revolutionary debt should, when that object is accomplished, be continued by annual or biennial reënactments and applied in times of peace to the improvement of our country by canals, roads, and useful institutions.' Congress has always claimed the power to lay out, construct, and improve post roads with the assent of the states through which they pass; also, to open, construct, and improve military roads on like terms; and the right to cut canals through the several states with their consent for the purpose of promoting and securing internal commerce and for the safe and economical transportation of military stores in times of war. The president has sometimes objected to the exercise of this constitutional right, but Congress has never denied it. Cooley, the highest authority on constitutional law, says: