Arkansas intelligencer., 1849-09-08

licable purpose of war. commerce. and in,erco,,
nnnicatIon, since the Union was formed and the
constitution established for its government. the
means oy which the same objects were formerly
may be said almost out of use nd other
equally practicable, much more expeditions and
CERTAIN, and at an additional cost onv, in propor
oh 10 Inc augmented ability of the government
70 meet, substituted in place thereof.
IL is not probable that The Senate. IN ro,;fvin,
Inc treaty OF Mexico. by which our Government
ooa'id itself 10 prevent in future, repetition OF
'hose predatory incursIons made by the wild tribes
OF savagos on the whole northern frontier of The
.heSican Republic, the frequency or which had
oe come notorious, ever thought of expendins 500
ooo.ooo IN the erection of Rail Road from the
Mississippi Valley 10 the Pacific coast. as n me-
cessary means of supplying that line of military
Posts. the establishment of which must have been
anticipated. as absolutely nal to such service:
ana thUs In the absence of natural facilities bx-
The erection of such road to facilitate the trans
Pof'ailon OF troops, munitions of war; and subsis.
tence.
let common sense pointed out 10 that grave
oouy, as IL does TO every sane mind, the necessity
VI roau' which should be made under the direc-
ZION, and at the expense of the government for the
transportation of these essentials of military ser.
vice.
| strict performance of solemn treaty. sti3u
lation once entered into, is as binding as the pri
mary law OF the land: indeed. by referring TO the
md clause Of the Sth Art. of the Constitution, it
Will be seen that it is so expressed in that nstru.
ment. which will be found in these words, sThis
Constitution, and the laws of the United States
which shall be made in pursuance thereof and all
treaties made or which shall be made under the
authority of the United States shall be the supreme
IIaic OF The land: and the Judges in every State
shall be bound thereby. &C. By reference to
ihe full import of this clause it will be observed
that treaties made by government with foreign
Powers. have the force and effect during their ex.
lstence- and If they part and parcel of the
Constitution itself, take rank with that instrument
as one OF the great paramount laws. against which
all state legislation is inhibited, and by which the
authorities of the whole country, both State and
Federal. are most solemnIy bound.
by an Article of the Mexican Treaty Of Fe.
bruary. 1S4S, the government of the United STATES
plighed her faith, 10 maintain peace between
Mexico and her savage neighbors. on her northern
and eastern frontier. This the L United States si-
pu.ated to perform 10 part consideration of the
valuable territorial acquisition obtained of Mexico.
This provision of the Treaty placed the govern
ment under obligations to use the proper means 10
accomplish such purpose. None is more natu-
raj none more necessary or proper. than the es-
Enlistment the whole line Of the Mexican from
tier, of a Gordon of military Posts. And to keep
them supplied with Troops. munitions of war, sub
slsience, and stores, the absence of all natural
facilities. for ntercommunication and the trans.
Portation of these, it becomes as much the duty.
as If certainly is the constitutional right of the
government, under the 18Th clause of the Sth sec.
ton of the lst Article Of the Constitution, already
seferred 10, to construct Road or Roads. and
consequently of whatever character, the wisdom
and policy of Congress may dictate.
Those who doubt the constitutional ability of
Congress to mark out and establish q National
Road (of what kind zoever) under the authority
Ito dispose of. and make all needfuI rules and re-
gulatIons respecting the territory or other property
belonging the niied Safes or ny other or, n,
referred to in this communication, will sea rcey
question IT under the requrements-as appurte.
nances Of a solemn treaty stipulation: A nd those
who deny the right of the general government the
/ privilege of extending such Improvement thro'
a sovereign Sale. where it would consequently
fall under the Jurisdiction Of the State authorities
are reminded, that the paramount interest of such
State would readily induce It to make TO the gene
RAJ government, REIMBURSEMENT of such iurisdic-
ton, right of ,cay; and ell eIse nece ssarv to lis
| Accomplishment.
! Having met as | conceive. the constitutional
objections &c this great National work, of whose
importance and the manner of taking the initiative
step for lis accomplishment, will be left 10 the de-
Lucrative action of the Convention proposed to be
| held at Memphis, Tennessee, on the 23d October
next, and TO the delegates in attendance and 10
Others leave the determination of the expedienc
| of such work, means of carrying into effect
| the solemn obligation resting upon as nation:
lis practica biy. well its superiority in point
| of public utility and national importance, over
all other means lha: could be devised by Congress
DESHA.
| August 30, lS49.
| From the n V Har,Id