The Sun.
London, England, 1853-12-20 00:00:00

powers delegated by the States to the general Government
as arrayed itself from tithe to time against the rapid pro-
gress of expenditure from the national Treasury on works
of a local character within the States. Memorable as an
epoch in the history of this subject is the Message of Presi-
dent Jackson on the 27th of May, 1830, which met the
system of internal improvements in its comparative infancy;
but so rapid had been its growth, that the projected appro-
priations in that year for works of this character had risen
to the alarming amount of more than one hundred million
dollars.
In that Maaage the President admitted the difficulty of
bringing back the operations of the Government to the
construction of the constitution set up in 1798, and marked
it as an admonitory proof of the necessity of guarding that
instrument with sleepless vigilance against the authority
of precedents, which had not the sanction of its most
plainly defined powers.
Our Government exists under a written compact between
sovereign States, uniting by specific objects and with spe-
cific grants to their general agent. If, then, in the progress
of its administration there have been departures from the
terms and intent of the compact, it is, and will ever be,
proper to refer back to the fixed standard which our fathers
left us, and to make a stern effort to conform our action to
it. It' would seem that the fact of a principle having been
resisted from the first by many of the wisest and most
patriotic men of the Republic, and a policy having pro-
voked constant strife without arriving at a conclusion
which can be regarded' as satisfactory to its most earnest
advocates, should suggest the inquiry whether there may
not be a plan likely to be crowned by happier results.
Without perceiving any sound distinction, or intending to
assert any principle as opposed to improvements needed
for the protection of internal commerce, which does not
equally apply to improvements upon the seaboard for the
protection of foreign commerce, I submit to you whether
it may not be safely anticipated, that; if the policy were
once settled against appropriations by the general Govern-
ment for local improvements, for the benefit of commerce,
localities requiring expenditures would not, by modes and
means clearly legitimate and proper, raise the necessary
fund for such construction as the safety or other interests
of their commerce might require.
If that can be regarded as a system which, in the expe-
rience of more than 30 years, has at no time so commanded
the public judgment as to give it the character of a settled
policy—which, though it has produced some works of con-
ceded importance, has been attended with an expenditure
quite disproportionate to their value, and has resulted in
squandering large sums upon' objects which have answered
no valuable purpose—the interests of all the States require
it to be abandoned, unless hopes may be indulged for the
future which find no warrant for the past.
With an anxious desire for the completion of the works
which are regarded by all good citizens with sincere in-
terest, I have deemed it my duty to ask at your hands a
deliberate reconsideration of the question, with a hope
that, animated, by a desire to promote the permanent and
substantial interests of the country, .your wisdom may
prove equal to the task of devising and maturing a plan
which, applied to this subject, may promise something
better than constant strife, the suspension of the powers of
local enterprise, the exciting of vain hopes, and the disap-
pointment of cherished-expectations.
In expending the appropriations made by the last Con-
gress, several cases have arisen in relation to works for im-
provement of, harbours, which involve questions as to the
right of soil and jurisdiction, and have threatened conflict
between the authority of the State and General Govern-
ment. The right to construct a breakwater, jetty, or dam
would seem necessarily to carry with it the power to pro-
tect and preserve such constructions. This can only be
effectually done by having jurisdiction over the soil. But
no clause of the Constitution is found on which to rest the
claim of the United States to exercise jurisdiction over the
soil of a State, except that conferred by the eighth section
of the first article of the constitution. It is then submitted
whether, in all cases where constructions are to he erected
by the General Government, the right of soil should not
first be obtained, and legislative provision be made to
cover all such cases.
For the progress made in the construction of roads
within the territories, as provided for in the appropriations
of the last Congress, I refer you to the report of the Secre-
tary of War.
There is one subject of a domestic nature which, from
its intrinsic importance, and the many interesting questions
of future policy which it involves, cannot fail to receive
your early attention. I allude to the imams of communi-
cation by which different parts of the wide expanse of our
country are to be placed in closer connexion for the pur-
poses both of defence and commercial intercourse, and more
especially such as appertain to the communication of those
great divisions of the Union
,which lie on the opposite
sides of the Rocky Mountaia.s.,
That the Government, oliai not been unmindful of this
heretofore is apparent fr4a—the aid it has :Afforded through
appropriations for maillibilities and other purposes. But
the general subject will now present itself under aspects
more imposing and more purely national by reason of the
surveys ordered by Congress, and now iu the process of com-
pletion, for communication by railway across the continent,
and wholly within the limits of the United States.
The power to declare war, to raise and suppOrt armies,
to provide and maintain a navy, and to call forth the mili-
tia to execute the laws, suppress insurrections, and repel
invasions, was conferred upon Congress as means to pro-
vide for the common defence, and to protect a territory and
a population now wide spread and vastly multiplied. As
incidental to, and indispensable for the exercise of this
power, it must sometimes be necessary to construct mili-
tary roads and protect harbours of refuge. To appropria,
tious by Congress for such objects no sound objection can
be raised. Happily for our country its peaceful policy and
rapidly increasing population impose upon us no urgent
necessity for preparation, and leave but few trackless de-
serts between assailable points and a patriotic people, ever
ready, and generally able, to protect them. These neces-
sary links the enterprise and energy of our people are stea-
dily and boldly struggling to supply. All experience af-
firms that wherever private enterprise will avail, it is most,
wise for the General Government to leave to that and in-
dividual watchfulness the location and execution of all
means of communication.
The surveys before alluded to were designed to ascertain
the most practicable and economical route for a railroad
from the Mississippi to the Pacific Ocean. Parties aro now
in the field making explorations where previous examina-
tions had not supplied sufficient data, and where there was
the best reason to hope the object sought might soon be
found. The means and time being both limited, it is not
to be expected that all the accurate knowledge desired will
be obtained ; but it is hoped that much and important in-
formation will be added to the stock previously possessed,
and that partial, if not full reports of the surveys ordered,
will be received in time for transmission to the two Houses
of Congress on or before the first Monday in February
next, as required by the Act of Appropriation. The mag-
nitude of the enterprise contemplated has aroused, and
will doubtless continue to excite, a very general interest
throughout the country. In its political, its commercial,
and its military bearings, it has varied, great, and in-
creasing claims to consideration. The heavy expense, the
great delay, and at times fatality attending travel by either
of the isthmus routes, have demonstrated the advantage
which would result from territorial communication bysuch
safe and rapid means as a railroad would supply.
These difficulties, which have been encountered in a
period of peace, would be magnified and still further in-
creased in time of war. But while the embarrassments
already encountered, and others under new contingencies
to be anticipated, may serve strikingly to exhibit the im-
portance of such a work, neither these nor all considera-
tions combined can have an appreciable value, when
weighed against the obligation strictly to adhere to the
constitution, and faithfully to execute the powers it con-
fers. Within this limit, and to the extent of the interest
of the Government involved, it would seem both expedient
and proper if an economical and practicable route shall be
found, to aid, by all constitutional means, in the construc-
tion of a road which will unite, by speedy transit, the
populations of the Pacific and Atlantic States. To guard
against misconception, it should be remarked that, al-
though the power to construct or aid in the con-
struction of a road within the limits of a territory is not
embarrassed by that question of jurisdiction which would
arise within the limits of a State, it is nevertheless held
to be of doubtful power, and more than doubtful propriety,
even within the limits of a territory, for the GeneralGovera.
meet to undertake to administer the affairs of a railroad, a
canal, or other similar construction, and therefore that its
connexion with a work of this character should be incidental
rather than primary. I will only add at present that, fully
appreciating the magnitude of the subject, and solicitous
that the Atlantic and Pacific shores of the Republic may be
bound together by inseparable tins of common interest, as
well as of common fealty and attachment to the Union, I
shall be disposed, so far as my action is concerned, to
follow the lights of the constitution, as expounded and
illustrated by those whose opinions and expositions consti-
tute the standard of my political faith in regard to the
powers of the Government. It is, I trust, not necessary
to say that no grandeur of enterprise and no present urging
inducement promising popular favour will lead me to dis-
regard those lights, or to depart from that path which ex-
perience has proved to be safe, and which is now radiant
with the glow of prosperity and legitimate constitutional
progress. We can afford to wait, but we cannot afford to
overlook the ark of our security.
It is no part of my purpose to give prominence to any
subject which may properly be regarded as Set at rest by
the deliberate judgment of the people. But, while the
present is bright with promise, and the future full of de-
mand and inducement for the exercise of active intelligence,
the past can never be without useful lessons of admonition
and instruction. If its dangers servo not as beacons, they

will evidently fail to fulfil- the object of a wise design.
When the grave shall have closed over all who are endea-
vouring to meet the obligations of duty, the year 1850 will
be recurred to as a period filled with anxious apprehension.
A. successful war had just terminated. Peace brought with
,
a vast augmentation of territory. Disturbing questions
nose, bearing upon the domestic institutions of one portion
of the confederacy, and involving the constitutional rights
of the States. But, notwithstanding the differences of
opiniona and. sentiment which then existed in relation to
tin,„,Laed specific provisions, the acquiescence of dis-
"L'ued citizens, whose devotion to the Union can
never be doubted has given renewed vigour to our in-
stitutions, and restored of to the publicrepose and security
to throughouta ssle f That this
repose is to suffer no
shock during confederacy.
if I
term,
have
power to avert it, the uying my
who have placed me here may be as-
sured.menau who knew what independence
co
—w The whaisdd° ;')
the revolutionary sty at stake upon the issue of
fn--dosed of subject
to which I referg le
heap only waythe consistent
with the union of these States, and with the march
• and prosperity 14
has made us what we are.
Irem the adoption of the con-
olft is avi significant gnificant fact that,
stitution until the officers and
soldiers of the Revolution
of
through the infirmities
had passed to their graves,
age and wounds had ceased to participate actively in public
affairs, there was not merely a quiet acquiescence .
in, but
a prompt vindication of, the constitutional rights of the
State. The reserved powers were unscrupulously re-
spected. No statesman put forth the narrow views of
casuists to justify interference and agitation, but the spirit
of compact was regarded as sacred in the eye of honour,
and indispensable for the great experiment of civil liberty,
which, environed with inherent difficulties, was yet borne
forward in apparent weakness by a power superior to all
obstacles. There is no condemnation which the voice of
freedom will not pronounce upon us should we prove faith-
less to this great trust. While men inhabiting different
parts of this great continent can no more be expected to
hold the same opinions, or entertain the same sentiments,
than every variety of clime or soil can be expected to fur-
nish the same agriculture products, they can unite in it
common object and sustain common principles essential to
the maintenance of that object. The gallant men of the
South and the North could stand together during the
struggle of the Revolution ; they could stand together in
the more trying period which succeeded the clangour of
arms. As their united valour was adequate to all the
trials of the camp and dangers of the field, so their united
wisdom proved equal to the greater task of founding, upon
a deep and bi.o?4,basis, institutions which it has been our
privilege to enjoy, and will ever be our most sacred duty
to sustain. It is but the feeble expression of a faith strong
and universal to say that their sons, whose blood mingled
so often upon the same cold during the war of 1812, and