The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1849-11-24
Communications.
FOR TIE HERALD
Tho Memphis Convention.

FOR TIE HERALD.
Tho Memphis Convention.
Mr.. Editor Tho Columbia Telegraph has
twice made allusion to Senator DAVIS of Mis-.
| ssspp, and myself, in such a manner, as TO
make it proper that should give a brief OK.
PLANTATION OF The matters referred 10 by the
Telegraph. Indeed, can hardly doubt, that
| IL has been the intention of the Telegraph to
suggest tho propriety of my doing so. And
perhaps ought 10 give some account Of the
First, as to the Resolutions submitted by mo-
The Telegraph regards tho first Resolution
as only suggesting a doubt" as TO the ex
istcnce Of power in the Federal Government
to construct the. proposed Rail Road. Now
SO far from this being the legitimate construc
ton of that Resolution, il will be found. oil
careful inspection, to exclude the idea Of Con
gress having any jurisdiction OF authorit!
whatever, over the subject; and only suggest
that certain means and facilities for promoting
and advancing such work, may lie within the
constitutional control of Congress. The Re.
solution is as follows:
Resolred. That it is highly cxpcdicnt in
military and commercial point Of view, that
communication, by railway, should exist be-
tween the waters Of tho Mississippi river and
the Pacific Ocean and that every means and
facility that may lie within the constitutional
powers Of the Federal Government, If any
do. should be applied to such object.
Under the terms " means and facilities
would be included, the right OF way through
the public lands--recognoisancc of tho route
by the Typographical engineers in the service
OF The United Statcs--the use Of a portion of
the public lands through which the road might
run,--tho free use Of timber, stono quarries
and iron ore. If desired, on the public lands
permission 10 bridge navigable streams, under
suitable conditions, SSc and / might add,
military means" 10 protect. the workmen
from The savage Indian. Such is the only
just import Of the words means and facili.
ties" and in this sense, only, were they used
in the Resolution. Material means were
Of, course meant, as the thing 10 be made
was material, and the ''.facilities" were
TO be appropriate to such means The
power TO do thing, and the means and ia.
cilities Of, doing that thing, are very differcn,
ideae, and the latter might exist without the
former. You might wholly deny tho authority
and Jurisdiction of the Federal Government,
over the subject of rail roads, as do, and ye,
not deny that, as a corporate land owner, |,
might grant some Of the means above mention.
cd, 10 Company lawfully constituted and au
thorized tc make tho Road, just as q private
land owner might grant TO the same Company
similar means and facilities: And also, moi
/ deny that such a grant would no more neccs
sarily imply power or jurisdiction in tho Gov
ernment, than In such private land ownor.
IL then, my Resolution intended 10 exclude
all idea Of power and Jurisdiction in the Fed
eral Government over Rail Roads, and vet
not to dispute such means and facilities as
have been instanced above, what. Language
ought i 10 have used If there bc any words
rnoreproper than those employed by me, (ant
of this i will let scholars be the judges) then
4 adopt those worde as expressing the true
meaning of my Resolution. But, in fact
there are no words Of greater, or even equal
proproty. And If there be any ambiguity in
4 she Resolution il Is not my fault, but the faul
Of tho English language. gt.s, 3 <s5 Z
Thusit will appear that while my Rasolu
ton excluded tho idea Of Congress possessing
power oserstic subject of the road, il suggest
cd that doubts might exist, oven as. towllethe
any means or facilities lay in It's hands, 4
When Iisas that my resolution excluded
kept out. The idea Of authority in the Fedora