The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-17
4 QUESTION OF CONSTITUTIONAL POWER.

time they were made, by some remarks of''the Bal
tmOre American," with respect to the expedency
Of measure suggested in resolution Of inquiry
and submitted TO the Senate of the United States by
Mr.. johnson Of Maryland. The press of other
matters Of more immediate concern has, until now,
prevented the notice which we designed to take of
this subject The Baltimore paper Of the 2nd Of
January, says:
1.-THE resolution Of inquiry, submitted in the SEN
ate Of the United States, by MIR. Johnson Of Mary
land relating To the extension Of aid by the general
government to the Baltimore and Ohio Railroad will
obtain, we hope, the early and serious attention Of
the Senate The Committee on Military Affairs
will have the first consideration Of the subject,
since that committee has been properly specified as
the proper one To make the proposed inquiry.
at is not an ordinary work Of internal i'm
proyement that.the Baltimore and Ohio Railroad is
presented TO claim the assistance Of the general
government That work, completed TO the Ohio
river, will be able 10 return to the government adj
vantages and services far beyond the nominal equiv
alent Of pecuniary aid
sin The present aspect Of our foreign relations the
eommonest prudence must suggest the importance
OF making some provision for the possible contin-
geney Of hosttes. In this view, nothing is more
important than the opening Of an easy avenue OF
communication with the great West Not forf-
cations our coast, not armed ships, the war
like organization OF men, nor collections Of military
stores, present stronger means OF successful war
thsn the facility OF intercourse between the two
grand sections OF the republic Look at 1t for a mo-
mont;
"The Gulf Of Mexico will be occupied by hostile
decisive speak IN reference TO a state Of war the
route to New Orleans and tho mouth Of the Missis-
.sppi in that direction will be impIacucable. Upon
the lakes the struggle for naval supremacy will he
long and arduous; and while It continues, all COM
nnunicalons with the West by tina; route will be in
.terrupted. The great central route, then, by the
Baltimore and Ohio road, must alone be looked to
the means Of prompt, rapid and easy intercourse
between the Atlantic seaboard and the valley OF the
Mississippi. IL will bring the capital of the Union
in direct connexion with New Orleans, 81. Louis
Cincinnati, and the West, including Oregon. For
conveying troops and military stores with despatch
in time Of war, and for the transportation OF tho
mail at all tines this road will furnish facilities OF
inoalculabe value. IL would be a wise policy in
the government to construct such road, ii the
hrstbeg,nning of IL had now to be made One-haf Of
The work, however, is finished without any cost to
the government, and IN the construction Of the other
hall other al hand To be joined with such
as Congress may grant In return for the aid so
granted, the government will have the fee use of
the whole road. g.. ..-- ... .......
There need to be no constitutional scruples on
the subject at all; for the work may under the
head Of a military road or post road In either
character, the constitutional power of Congress to
act in the matter is objectionable"
We, in common with many others, had hoped
that subject which for so many years had agitated
Congress, and the different sections of the Union,
would not again be revived for discussion, at
least in its constitutional aspect Our expectations in
this regard, however nationally based upon what had
been done with the general appreciation. by Mr..
Madison and General Jackson, may not be realized.
An impression exists, that the subject of internal
improvements, invested with the constitutional
x,,ht f,ru rl,r hal Z,
again. at the present session Of Congress- enter into
the debates of that body and add new element for
agitation.
II our own political course has been marked
by zeal in one respect more than others, it has
been in the endeavor, under all circumstances,
whether adverse otherwise, to preserve the con-
stution of the United States, and TO defend it from
certain false and dangerous theories Of construction.
Animated elsewhere with the conviction, that a
broad mode Of interpreting fundamental law
would lead to practical consolidation Of the gov
eminent, we cannot, with change Of the theatre OF
our editorial exertions, abandon old opinions, the
accuracy Of which time and reflection have only the
more confirmed. 49,
So far as lattudinous construction of the con-
stitution has been subjected to the test of results
sons most conclusive, independent Of such are
abstract, to stand by the constitution "as it is writ
ten" How obvious is the conclusion, that if the text
of the constitution had been strictly construed in the
course Of the legislation of the country, we
should have had no great corporation, alarming the
country with the dread of It's powers, and strong,
in fact that it required the 'iron nerve" of probably
the most popular President that the country ever
had to PROSTATE it. 1t was loose mode of constru
ing tho constitution, which for very long period
fixed upon this nation measure generally
Iepudiated that the idea of its revival has been de-
clared to be "obsoete."
In the second place, had scrupulous adherence
to the constitution marked the legislation of Con-
gress upon the subject of the tariff what founda-
ton would the instrument in its plain import have
afforded for that highly protective system which is
now, and has been, the source ofso much complaint
These are mentioned as egregious proofs of the
practical mischief which broad and underlined
way Of interpreting the fundamental law will in
future occasion, as ii has in past times produced.
But, in cur conception, one Of the most unfortu-
consequences Of this theory of interpreting the
constitution would be the introduction Of that sys-
tenn Of improvements long ago sought to be justified
The boundary between that which is "local" and
that which is national" is, and must be- so often
unascertainable, that a discretion in fixing it'must
occasion sectional discomfort and corrupt combina-
tons Of the most dangerous character to say moth
ing fthe depletion of the national treasury, which,
when precedent is furnished, the widest schemes
would produce.
The Baltimore American" seems particularly
anxious to find the Of prosecuting the "Ba-
timore and Ohio Railroad" So far from Directing
to the extension Of this great work, we would
promote it with all our heart provided the means
were compatible with the constitution. The "Ameri-
can" however, seems to be much devoted to the
object as to DO rather TOO Indifferent to the means of
its accomplishment. It casts about for some one
inch Of ground on which to FIX the lever of Archine-
des Whence does it derive the authority 1t is Mr..
Clay's "vagrant power" over again. The Balti.