Note 265 — Chapter III · The Power of Congress to Establish Postroads

“The government of the United States cannot construct a postroad within a state of this union without its consent; but Congress may declare, that is, establish, such a road already opened and made a public highway by the direct or indirect authority of the state.... The United States have the mere right of transit over these roads for the purpose of carrying the mail, and in case of obstructing this right their laws provide an adequate remedy.... The act of Congress making all railroads postroads means only such as have charters from the several states.” Cleveland, P. & A. R. Co. v. Franklin Canal Co., 5 Fed. Cas. 1044 (1853).