Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1853-08-10

strength. In other words we regard the Pacific
railroad as necessary for our defence as govern
mont and that the power of the government to pro-
vide for its defence in this mode is as clear and GER
tain is to provide for the erection OF fornca-
tons to protect the city of San Francisco,
The constitutionality of the proposition in our
opinion is not to be worked out upon any refined,
hair splitting distinctions to express and implied
powers but it stands fully indicated upon the PLAIN
power of selfdefence in obedience to the obligation
to protect the several States applied to the equally
plain facts that rail road connection with the PACING
is necessary for our common Defence and that SUCH
conneSion cannot be secured without AID from the
Governments The constitution authorizes Congress
to raise revenue for the common defence; 1t guaran-
tees to every State protection against invasion or in
surrection Armies navies and Notifications are
the more obvious means by which these obligations
of the Federal government to be satisfied but 1t
docs not follow that they are the only legitimate ana
constitutional means California is entitled to the
protection of the federal to secure her against
danger from without and within. How Is this pro-
lection to be provided? Can it be done etfectually
bv statoning large armies and erecting Notifications
the Pacific coast? That may be possible; and so
it might be possible to increase our navy to such an
extent to protect her from aggressons from abroad
but looking at the actual condition of the State, ITS
location the saaboard the nadequacy of its popu-
lation to repel foreign invasion, its immense dis
lance from the militia of the other Statcs and the
character of the intervening country cannot sup
pose that any one would deny that railroad would
furnish more certain and reliable means OF protcc-
ton and defence than the standing army, navy and
how give to all the circumstances their full
consideration without being forced to the conclusion
that railroad to the Pacific furnishes the only per-
feet fertilization to California Let not forget
whilst our federal government is bound to protect
the Just rights of every citizen any quarter OF the
globe, and to this end may lawfully command the
entire military and naval power of the Government
Also does the obligation to protect the States at
tach to every square foot of territory OF every
State; and under this broad national obligation, Call
fornia rightfully demand ettectual protection
Congress may answer this demand by standing arm
les stationed naval force, by Notifications, or
by all combined, if they necessary; and upon eX
actly the same principle railroad may be rcsorted
to- either Sngly in combination with one or all OF
the other modes of Defence if necessary for the end
to be accomplished The power, them to give the
proper aid exists in Congress, if railroad to the
Pacific is necessary for the common defence and for
the protection of California; and it is necessary, un-
less be shown that some other means of defence
and protection may be equally effectual. We have
stated the circumstances which convince that the
army, navy and Notifications less effectual and
conceive of no other means, unless we are
prepared to rely securing the benefits of railroad
through Mexican territory, in conneXiOn with water
transportation, means of common defence and
protection to Pacific POSSESSIONS but this sug-
gestiOn could hardly deserve a moments considers
ton permanent reliance for defence and protec
ton. Our mind, therefore, repOSes confidently on
the conviction that there is constitutional obstacle
in the way of appropriation by Congress; and in
reaching this conclusion feel perfectly satisfied
that we are standing firmly upon the principles of
constitutional construction laid down by the Straight
est sect of Democracy.
1t is not to be overlooked that upon any route
for the railroad the great difficulty in the
way of its completion is to be found in the passage
of its main trunk through territory not yet erected
into States So far its passage through States Is
concerned, it is scarcely necessary to say that no
question of constitutional power would be allowed to
embarraSs the enterprise, those States would at
once and gladly, remove all difficulty growing out of
their claim to exclusive jurisdiction. In that view
the question of constitutional power becomes still less
upon the doctrine which has been main
tanned by the most eminent of the State Rights states
men as to the full power of the federal government
to construct roads in territories 1t is, I'M
derstand upon considerations of this character that
the constitutionaty of the Pacific railroad ameas-
of defence and protection is maintained by both
the distinguished members of the cabinet above
ferred to- and especially by the Secretary of War.
In considering the proposition, cannot we'll over
estimate the weight of those circumstances in the
actual condition of possessions on the Pacific
which strongly invite foreign aggression. 1t cannot
be supposed that population the western slope
of the Rocky mountains is insensible to this danger
and that they not fully alive to the claims which
they have under the constitution to ample protection
We should betray an ineXcusable ignorance OF hu-
nature not to know that the neglect of the gov
eminent to provide the of the protection which
their situation requires may result IN feeling OF dis
affection and alienation which might seriously endan
ger the continued harmony and integrity of the con-
These considerations of moment in
determining the 1actS on winch the
ercise of the powers of government must depend
We satisfied that they well calculated to fix
the conclusiveness of the position on which we rest
the constitutionaty of the proposition for govern
ment aid to the Pacific Rail Road.
But it does not follow that because there is con-
stitutional difficulty in the way there may not be 9TH
obstacles deserving of attention have sugges-
ted that there such obstacles, and on these we
shall make brief comment in another number of our
paper.
The Union justfes its departure from strict rules |
of construction and illustrates what calls its nat
ura common mode of constituting the constitu-
ton" by maintaining the necessity of the road as
means of common defence" We had supposed if |
there impossible ground on which this meas
could be rested, it would be this very ground of
" common defence" We had supposed if there
could be construction, wider than any other from
hat of common sense, this of treating the Pacific
Rail Road as means of common defence, was that
one. When we look in the Unions article for the
common objects of this defence, Chat is to
say common in regard to the whole Union,) we see
out the single specification of San Francisco city
It most the State of California. Suppose the road
we're in fact necessary for the especial defence of San
Francisco, of California, does it thereby, under
natural common sense Interpretation of the con-
,titution become necessary to the "comnOn defence
the confedcrated Staes?" AS to all the States but
one in the Union; to all the territories but one
belonging to the Union this road would be as use
ess for military defence guns and Notifications in
he moon. There is nothing shown in the Unions
rtice there is nothing existing in fact within the
ange of possibility, to make this road means of
6of. fo oil no fo akn at