The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-26

Hon. Jefferson Davis and Senator TOOmbs
A. Gaskiii, Esq, of Fayetteville, Georgia, COM
nunicates to the Griffin Jetrsonian q letter from
Hon. JEFF Davis in reply to charges made by Sena-
tor T0ombs during the late canvass. These charges
were that ne Davis) twas disuni ,nist sitting in
the councils of the nation and was, together with
the cabinet OF Gen. Piarce responsible for the idea
of building the Pacific railroad with money taken
from the treasury Of the United States" Mr.. Gaski
denied their truth and forwarded them to the Secre
tary of War, in the hope Of receiving q reply before
the day OF the Georgia election Here i5 Col. Davis
letter.
WASHINGTON, Sept q, 1853
v. A. GAsKlII, ESQ.,
sYour letter Of the Goth ultimo arrived he during
my absence ind ill health has combined with constant
occupation thus far, to delay my reply.
Before proceeding to notice the political questions
which you call my attention, will dispose the person
al accusation which you inform Mr. Toombs has made
against me. You say, "He denounced you disunon
st sitting in the councils Of the naton During the
controversy of 1850 in relation to the rights the south
and the duties of the general government in the terrific
ries acquired from Mexico, my attention called in
debate to the fact that in certain newspapers had been
charged with desire to dissolve the Union Believing 1t
to be the work Of base who concealed Themselves
hind the instruments they employed then said before
the Senate If any gentleman max es the charge will an
swer him IL monos lab 1t was well understood that
that answer woul not be Jess harsh than it is false
Such Is answer NV
In that long and eyc.irg controssrsy my opia;ons
freely expressed They spre4I tae volumea
OF Congressional Debates and to them refer to prove
tional Union Subsequently, psSl) when engaged in a
State, sovereign and equal member of the Union
had right TO withdraw from the confederation, | also
spoke OF it as the last remedythe final resort-one TO
which, under existing circumstances, Mississippi should
not appesl and such the position Of those with
whom acted, il shown by the resolutions of the
veption which nominated the State ticket Of 1851
Though have been made what familiar with the
OF partzan conflict am not little surprised
at this accusaton because Of the source from which
AS member OF Congress- and by personal inter
course, Mr. Toombs has had full opportunity to know
that the accusation Is false; and am that
pars0n of the position taken by Mr. Toombs and myself
will show that my most ardent language reached
the extreme to which he went both before and long after
the measures commonly called the compromise of 1850,
had been presented and the principles and constitutional
rights involved had been fully discussed.
In conclusion Of this matter, will only say that
who is prone to believe ready assume that one who
desires to destroy the Union would be willing to hold
place in its councils swear to support its consttu-
ton and he who makes such charge against me- does 80
gratuousy and thereby assures me that he is radically
false and corrupt.
send you printed copies Of the speeches made at
Philadelphia and New York, which you compare with
the representations which, you inform me- have been
ade Of remarks in relation TO railroad to the Pac
fc Ocean You will not fail to observe that the only point
which claimed to express the views of the President
was Of strict regard for State rights In
relation to the construction of railroad remarks
directed to the first question: that is the constitutional
power of the general government The power of the
vernment under certain conditions held TO extend to
the construction of railroad within the limits of terri
tories belonging to the United States He, who denies
this must also deny the to construct roads,
for which appropriations made by the last Congress
for the territories of Minnesota Oregon and Washington
and with the disbursement of which am now charged.
He must deny the jurisdiction which has beea long
exercised the territories by the general government
and finally find himself on the platform with the sect
which the sovereignty of the territorial inhabitants
ss barrier to federal legislation for the protection of
Shareholders property who should migrate from
Southern State Of the Joint of that territory
to become nhabitant of it. Within the limits Of the
States the action OF the federal restricted
that it could not exceed the aid which might be given
to private company, and that have held other
casions limited to the interest in the work which the
government had landed proprietor The rule on
which Congress has made grants of contiguous land and
the right OF way in aid OF the construction Of roads Be-
ond The question of power he questions Of practical
by and expendiency. The practcability viii be
inteligLly discussed when the surveys directed to be
made by the late Congress- have been completed. They
in progress, and have not attempted TO forete
their results
The expediency is to be considered in connection with
all the political, physical and administrative questions
which enter into it. The mode of execution the last to
be de ciled is the FIR ssetm to presented for obec
tions aud am held responsible for particular plan of
proceeding, when had proposed none when from the
dependence OF the plan and means of execution the
location Of the route, had not considered IL sbc to
decide the bessmode OF proceeding " after the route
bad been located Then and not till then, any
estimate the extent of road, how much, If any wshave
TO be constructed within the limits of the United States
territory, the cost per mle and the means which can be
made available for the construction.
Very respectfully, your obedent servant,
JErf. DAVIS