The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-11-15

from the General Govsnment, the question was
iHasns aiately suggested whether such grant was
constitutional or not When MI. Benton proposed
that he United States should themselves build the
road through then own territories, the same ques-
ton, in a modified form, was asked. And in all
the discussions which have lately taken place in
regard to the practieability of such railroad the
constitutional objections have been urged with
considerable force especially by the school of poll
nelans who insist upon strict construction Of the
constitution.
Two letters, one in the North and the other in
the South, have lately been written on the eonsti-
tutonal question. The Northern letter contends
the building Of a railroad to the Pacific is within
the powers Of the General Government and it is
written by committee of Boston men who are
favorable to Mr.. Degrand's plan of a telegraph and
railroad to California. The Boston letter is ad-
dressed to the people Of Oregon and California, and
IS appended to a pamphlet, of which %, 600 copies
have been already circulated among the people Of
the United States. So far as argument goes, the
letter Of the Degrand men is mere trash, being
nothing more than series of rhspsodca and inco-
herent interrogatories. The principal, and almost
the only, point stated, is that the works proposed
BY Mr.. Degrand are intended for the military de-
fence Of the country and all the reason of the letter
is comprehended in the following paragraph which
it contains:
tits thet eore beyond doubt constitutional for
Congress to make, or impel to be made, as many
and such mi htaTy roads; may be necessary for
acquiring the capacity Of concentrating, fit were
by enehantrent, all the military and all the naval
resources Of the Union, upon any given point; and
It is not the less constitutional if the plan proposed
reaches this great result, without wasteful ex-
Penditpre offblood and treasure"
All else, besides this, is the production Of an i'll
regulated. imagination attempting an argument be-
yond the sphere of its powers; and the whole ad-
dress wa probably written by Mr.. Degrand him
self, it resembles very much certain other letters
written by this gentleman, the subject of his
great railT Dad and telegraph sPeculations.
The Southern letter, to which we have referred,
is far more powerful and logical than the Boston
one. 1t ia in the form of report from Mr. j. A.
Campbell, of Mobile, one Of the delegates to,the
Memphis Convention, and is addressed to Governor
Chapm an Of Alabama
Mr.. campbell seems to have felt that the resolu-
tons pa ssed Memphis, in the drafting and pas
sage of which he had principal part, required
some ex PLANTATION, in order to reconcile them with
the view he had previously expressed in regard to
the constitutional powers of the General Govern
ment. The Memphis resolutions intimate, if they
Il
to engage in works of internal improvement. Mr..
/ Campbell relies mainly the phraseology " it is
the duty of the General Government to proUide for
the construction of railroad from the Pacific ocean
to the MISSISSIPPI river" and says that these words
were n, 1t designed to express opinion upon the
oOnstitu tiOnality of such work.
Mr. Campbell fully concurs with the Memphis
resolutions in regard to the donation of the public
lands Cor the construction Of the railroad saying
ttIn my Judgment, the application of the public
I lands to WORKS of internal Improvement, either
within or without the States, (tbe General Govern
ment acquiring thereby no property in the road it.
self nor jurisdiction in the sol is entirely unob-
fashionable. Congress has pienary power, by the
constitution, over the public lands. In the COM
pacts under which new States have been admitted
to the Union lands have been set apart for schools
and universities, and portion Of the proceeds Of
sales have been dedica ted to internal Improvements
in the respective States"
And he adds;
" In suggesting the public lands as the only fund,
it seemed to that most of the objections to the
work would have been obviated. By this appropri-
alton commerce would not be burdened. The work
would not be completed in advance even of
mereial necessities, and the Congress OF the Union
would be disturbed by selfish and local legsla-
ton in the constant call for appropriations
Then he proceeds to state another reason for such
an appropriation OF the public lands and the follow
ing will doubt strike the reader as being equally
far-ietched with the wisedrawn distinction Of "pro-
giding for the construction:
The proprety of defeating these lands to.this
work is fortified by another consideration. A dis
position has been manifested to withdraw the pub
lie lands entirely from the Government and to sub
ect them as a prey to individual and sectional ra-
pacty The term free soil means not only the
exclusion Of the Southern Shareholders from the con
quests Of the Union, but the appropriation Of those
conquests to the aggrandizement of nOn-slavehold-
| ing communities The socialist doctrine Of con
ferTing public property not reward Of industry
but to relieve from the consequences Of ideness has
taken root in that portion Of this country. The
public lands, if not disposed Of will constitute the
bait with which corrupt politicians will caroh ndi-
gent voters in the northern and western cities
1t may be from the tone and spirit Of the ex-
tracts have given that the writer has very strong
doubts, though he hardly expresses them, as to the
consdtutonality of law directing the construction
Of the railroad to the Pacific, and providing for the
means Of carrying out the work from the funds of
. the United States, Indeed, when speaking of the
/ proceedings the Memphis Convention, Mr. Camp
I bell says:
), lt-would have been more agreeable to have set
apart these lands for this work exclusively bv an
: amendment of.the constitution, and to have given
Congress control over the application Of the funds
but all must perceive difficulties insuperable in ac-
complishing such a result"
, We acknowledge that we are little surprised BY
the last clause Of the foregoing quotations for Mr.
Campbell was the very person who introduced into
the Convention resolution calling on the people t
amend the. constitution and give Congress direc
grant Of the power to build the Pacific railroad
We hardly supposed that the gentleman would in.
iroduce resolution to accomplish result when he
admits the existence of insuperabe difficulties"
Il is probable that if proposition to build a rail-
road to the Pacific is introduced into Congress du-
ring the next winter, that many words will be spent
in discussions the constitutional power The sub
ject viii be too enticing for talking legislators
to let it pass and the subtety of sententious sena
tors will be taxed to the utmost to find difficulties
where none exist If such debates lead to little thai
is practical, they may at least serve to amuse the
intelleets ofthe country They are probably as good
recreatiOns the circus, the opera-house, or the
ace-eourse.
MISSISSIPPI ELBcTIoNs-It is useless to give
the details of the election in this State until we
receive the official vote as il is conceded that the
democrats have carried their State ticket, and their