The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-08

governor and the governed but IL principle OF public
law, as s OF common sense, that the property OF The
citizen is, 10 some extent, the property OF the govern
ment II constitutes the reSpublied-the commonw ealh
aud thus government, IN protecting the property OF the
elzen, s protecting It's own propery as IN protecting
The rights OF the citizen il is protecting It's own rights
and this the sum OF what proposed 10 be done Tor the
holders OF this grant II their title be good land think
there will be question about that with those who
will examine l--i they have been induced, as there can
be no doubt they have been TO expend large sums oil
money in order give effect 10 that tile under the sane
ton well By the invitation OF foreign government.
We should not allow The government 10 crush and TO de-
stfoy them.
But, sir, 80 beyond that We cannot get anywhere
upon the southern continent, upon the strip oil land
which connects The two continents, any right of way
that will be purely OF domestic character this al
Iehuanepec II you look al II, you will find that lis
Atlantic terminus rs on our own domestic basin the Gulf
OF Mexico. There is not now foreign gun mounted
IN that basin except upon the coast OF Mexico; and
appreciate The sp OF the American people, there never
Will be foreign gun mounted in The Gull Of Mexico. un
less be by the cotemnous power. the republic OF Mex
leo. We have II, then, here comparatively at home
We have access to II from the mouth OF the Mississippi
without passing anywhere Except upon the OF
Mexco) within reach OF any foreign power The mouth
Of the river Coazacoalcos The terminus OF the Tehuan
iepec road, is distant but nine hundred miles from the
city oil New Orleaas--a distance which be over
come by steamers in three days II is thus, it were,
almost part OF our own territory, certainly so 10 regard
TO proximity.
come to look al this question in another point of
view. | lay il down, without besiiancy and without
fear that we have right 10 way Tehuantepec.
According to public law, this government may demand
OF Mexico way across Tehuanepec; and Mexico can
not refuse it unless she becomes dsoyal to the general
compact OF nations What is right OF way Every
one is familiar with that II pertains TO individuals IN
life as pertains 10 nations understand that writers
upon public law derive II from that primitive sale when
the entire earth was common to all men, and passage
over was free 10 all according TO their varied necessi-
ties. Such was the nature OF this right before govern
ment formed the institution OF separate property
ordained BY these the right ia question only limited
lis exercises was not destroyed and it revves and
lr.al cttata horn AxGltu
way Indispensable II is illustrated in familiar life every
day. II purchase piece OF land surrounded by the
possessions oil him from whom is derived that have
no way out TO mill or TO market. may take 1t, as
right incident 10 the acquisition Ii is principle result
ing from necess y, and is modified as circumstances may
require A way mpraccable in lis uses is the same
thing as no way al ALI and such is the exact posture oil
our present way across the northern continent we
purchased California from Mexico, paid large equiva-
lent Tor IT, and we have IN fact way across our own
continent 10 get TO it, do not call that way which leads
through bands OF savages across trackless DESERTS and
over inaccessible mountains, Tor some thousands oil
miles, when there is before short and convenient
pass in neighboring territory that may be overcome by
artificial roads IN single days journey.
The principles governing this right are thgs treated
by Vatel, a work OF admitted authority
"The right OF passage is also remnant, OF primitive
state Of communion in which the entire earth common
10 all mankind, and the passage was eveywhere free TO
be entirely deprived OF This right but the exercise Of il is
limited by the introduction Of domain and properly"
When, therefore, the OF Territory thinks proper
to retnss You admission into it, must in order TO enter
in spite OF him, have some reason more cogent than ali
bis reasons 10 the contrary Such the right OF necessity;
this authorizes your part, which other
sions would be unlawful, vz infringement of the right
of domain when real necessity obliges you into
the territory of oherso instance, If cannot other
wise escape from imminent danger f you have no other
passage for procuring the of subsistence those OF
satisfying other indispensable obligation, you may
force passage when il is unlustly refused"
Now sir, confidently say there is an Indispensable
obligation" this government to secure for itself prac-
ucabe and certain way to It's connections on the Pacihc
and confidently that al present there IS none with
out exposure al 10 the ornaments OF foreign powers,
which dot the whole border through the Antilles
and the Caribbean sea and further ray, whatever re-
spect and orbeaaBce may be due TO the domnons OF our
neghborng republic that orbesrance may be tested too
FAR there is point at which II ceases TO be virtue and
may rest with Der TO determine when shall be passed
Now, sir, mean TO wage no war IN this, with those
who say that railroad be made across the continent
through territory. have no doubt L. IN the
power OF the country 10 make such road, but doubt
exceedingly whether can be use0 effectively aiter has
been made You may make railroad len thousand miles
long easily miles long, you have the means
but depends al last upon the climate and The nature oil
the physical distractions you meet what TO be the use
OF il after il has been made Compare railroad stretched
the northern part OF the continent with one at The
lshmus oil Tehaun,epec, but one hundred and seventy
miles IN length We can use the seas with certainty.
Steam navigation has proved that and there Is no dan
ger OF obstruction from ice either in the Gulf OF Mexico
the Pacific side But in this lerculean work which
is projected TO throw road between the Mississippi
and the Pacific there be security OF passage what
Passing the dspredailons OF hostile Indians,
you are deserts destitute OF either wood or
waer-both Indispensable to motive power For nearly
two thousand miles you beyond the reach OF any
sources but such travel with you and TO end the
whole for nearly bali the year the way when opened IS
DISTRACTED BY impossible barriers OF ice and snow.
There can be no comparison between the two routes so
far as certainty and security OF passage 10 concened and
# this railroad continent should be made,
the country will hnd when done, that there are months
in the when II cannot be used say them al once,
that comparing any way that can be made across the
northern part OF this continent with that which can be
made the sbmus oil Tehuanepec, the one furnishes
communication certain and secure and the other conf
munIcstion oil The utmost uncertainty and insecurity.
have taken no part IN the discussions which have
arisen the bill introduced by the honorable senator
from California Mr.. GwIs for The construction OF This
railroad TO the Pacific but the most cufsory exam
nstion OF the bill will show that the whole plan pro-
poses crude and immature not by any means from want
Of ability in those who project, but from vices inherent IN
the ssbect itself and underslo the honorable
TOT .sy that he couj~not refer to committee be-
cause former committees had tred 10 vain to perfect its
details
Here is work TO cost, suppose, a hundred millions
| OF dollars more, running for TWO thousand miles
through DESERTS amidst hostile Indians, stony
tans, and yet you cannot have the details ot il adjusted
although you expect make the road have not seen the
bill that the honorable senator from Texas MIR RusKl
proposes TO substitute Tor II but learn that the CHIEF
difference between the two that proposes that the
road sha be made by grant OF land and the other by
grant OF money an auxiliary TO the land Whenever
this road shall be made-and doubtless II will be at some
day after the territory through which II passes is popu
lated apprehend II must be done, all other roads
have BEEN by previous careful survey and exploration
You cannot undertake TO make railroad without know
ing where il is 10 20, and the country through which is
to pass, the grade which IS TO be overcome, and the
mountains and the rivers which II is TO traverse, or
/ plet ler IA he nj al n fe Iny