Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-12-10


In expanding the appropriations made by the last Con-
gess several have arisen in relation to works for
the Improvement Of harbors which involve questions TO
the right Of soil and Jurisdiction and have threatened
conflict between the authority OF the State and General
Governments The right to construct breakwater,
jey, DAM would seem, necessarily TO carry with It
the power TO protect and preserve such CONSTRUCTIONS
This only be eectualy done by having jurisdiction
over the soil But no clause of the Constitution is found
which 10 rest the claim Of the United States 10 exer
else jurisdiction the soil of State except that con-
rred by the eighth section of the first article OF the Con-
stuon 1t u.s. then, submitted whether, In all cases
where constructions be erected by the General uov
ernmen the right Of soil should not first be obtained ana
legislative provision be made to cover all such cases
For the progress made IN the construction OF roads
within the Territories provided for in hsappropra-
tons of the last Congress- refer you to the report OF the
Secretary of War.
There is subject of domestic nature which, from
its intrinsic Importance, and the many interesting ques
tons of future policy which involves cannot fail to re-
ceiye your early attention aude to the OF COM
municaton by which different parts Of the wide expanse
of country be placed in closer connexion for
purposes both of defence and commercial intercourse
and especially such appertan to the communica
ton of those Of the Union which lie on
opposite sides of the Rocky Mountains.
That the Government has not been unmndful OF TINS
heretofore is apparent from the aid it has afforded
through appropriations for mail facilities and other pur
poses But the general subject will now present Itself
under aspects imposing and more purely national,
by Of the surveys ordered Congress- and in
the process of completion for communication by railway
the continent and wholly within the limits OF the
United States.
to provide and maintain navy, and to call forth the mi
ta to execute the laws suppress instructions, and re-
pei nvasions conferred upon Congress- as means to
provide for the Defence and to protect territory
and population widespread and vastly multiplied
As incidental to and Indispensable for the exercise OF this
power it must sometimes be necessary to construct mill
ary roads and protect harbors OF refuge To appropa
tons by Congress for such objects sound objection can
be raised Happily for country its peaceful policy
and rapidly increasing population impose upon us no ur
gent necessity for preparation and leave but few track
less deserts between assaabe points and patriotic
people ready and generally able to protect them
These necessary links the enterprise and energy of our
people steadily and boldly struggling to supply All
experience arms that, wherever private enterprise will
avail it most wise for the General Government to leave
that and individual watchfulness the location and
cuton of all means of communication.
The surveys before alluded to designed to ascer
tain the most practicable and economical route for rail
road from the river Mississippi to the Pacific ocean Par
ties in the field making explorations where pre-
vious examinations had not supplied sufficient data, and
where there the best hope the object sought
might be found The and time both being limited
it to be expected that all the accurate knowledge
desired would be obtained but it is hoped that much and
important information will be added to the stock previ
ousy possessed and that partial if not full reports Of the
surveys ordered will be received in time for transmission
the Houses Congress- before the first Mon
day in February next required by the act OF approp
alton. The magnitude of the enterprise contemplated
has aroused and Will doubtless continue to excite very
general interest throughout the country In its political
its commercial and its military bearings it has varied
great and increasing claims to consideration. The
heavy expense, the great delay and at times fatality at
tending travel by either of the sthmus routes have de-
the advantage which would result from inter
territorial communication by such safe and rapid means
a railroad would supply.
These difficulties, which have been encountered in
period of peace, would be magnfed and still further in
creased in time of war But whilst the EMBARRASSMENT
already encountered, and others under contingen
cies to be anticipated may strkingy to exhibit
the Importance of such work, neither these nor
all considerations combined have appreciable
ue when weighed against the obligation strictly to ad
here to the Constitution, and faithfully to execute the
powers it coners Within this limit and to the extent of
the interest of the Government involved it would
both expedient and proper, if economical and pract
cable route shall be found aid by all constitutional
means in the construction of road which will unite by
speedy transit the populations Of the Pacific and Atlantic
States To guard against misconcepton it should be
marked that, although the power construct aid in
the construction Of road within the limits of territory
is not embarrassed by that question of jurisdiction which
would arise within the limits OF State it is nevertheless
held to be of doubtful power, and than doubtful
propriey, within the limits of Territory, for the
General Government to undertake to administer the a
fairs of railroad canal or other similar construction
and therefore that its connection with work of this
racter should be incidental rather than primary. will
only add, at present, that fully approaching the magn
tude Of the subject and socitous that the Atlantic and
Pacific shores of the Republic may be bound together by
nseparabe ties of common interest well Of
feay and attachment to the Union, shall be disposed
SO far action is concerned TO follow the lights
Of the Constitution, expounded and illustrated by
those whose opinions and exposons constitute the stan,
dard of my political faith in regard the powers Of the
Federal Government. 1t is trust necessary say
that grandeur of enterprise and present urgent
ducemen promising popular favor will lead to disre
gard those lights to depart from that path which
peence has proved to be safe and which is radiant
with the glow Of prosperity and legitimate constitutional
progress We afford to wait but we cannot afford TO
overlook the ark Of our security.
IL no part of my purpose to give prominence any
subject which may properly be regarded by
the deliberate judgment of the people. But while the
present is bright with promise and the future full of de-
mand and nducement for the exercise of active nte
gence the past be without useful lessons of
moniton aud instruction. IL its dangers serve not as
beacons, they will evidently fail fulfil the object of
wise design When the grave shall have closed over all
who are now endeayorng to meet the Obligations Of duty
the year 1850 will be REQUIRED to period filed with
anxious apprehension successful war had Just termi-
mated peace brought with il vast augmentation Of
errtory disturbing questions arose. bearing upon the
domestic institutions Of portion Of the Conederacy
and involving the constitutional rights Of the States
But, notwithstanding differences Of opinion and senti
ment which then existed in relation details and speci
nc provisions the acquescence of distinguished citizens
whose devotion to the Union be doubted has
given renewed vgor to institutions and restored
sense OF repose and security to the public mind through
out the Confederacy That this repose is to suffer
shock during my official term If have power avert it,
those who placed me here may be assured The wisdom
OF men who knew what Independence cost who had put
all at stake upon the issue of the revolutionary struggle
disposed Of the subject to which refer in the only way
consistent with the union Of these States and with the
march Of power and prosperity which has made us what
we 1t is significant fact that from the adoption of
the Constitution until the officers and soldiers Of the rev.
outon had passed their graves or through the mfr