The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1853-09-03
From tn. Richmond Enquirer Of Aus.9
tn = PACIFIC RAIL n o a . +.


Col. D's Philadelphia speech corrected b,
bnaslf II will be seeu that there Is nothing
In it calculated to present President Pierce
A. agreeing in the sentiments Of Col. Davis
except In tho remark that within the lin
its Of the State. they would touch nothing
Ia disregard OF State sovereigp,, and rgb,
Of Jurisdiction" Al to the monstrous
power claimed 70, the General Government
to construct this rosd TO the Pacific, we
confess that We do not .see any material
difference In the original sketch Of Col, D :
remarks and the present corrected speech
We arc utterly opposed to the cons,rucrion
OF this or any other road by Congress, be
cause it is in conflic, with s.ict con-rruc
ton OF the constitution, as the Republican
party have always read II, II is IN direct
antaponism with the sound rule of cousti'
,utionsl construction laid down by Nr.
Madison, that " Whenever = question arises
concerning a particular power, the first
question is whether the power be expressed
in the constitution. II 1t be, the question is
decided. II it be not expressed, the uest
enquiry must be whether 1t is properly al
incident to An express power and necessar,
to It's execution, II it be, it may be eSer
cisrd by Congress. II 1t be no,, congress
cannot exercise it Now we defy the pro
duc,ion OF any clause in the constitution
which enumers,es the power TO the Genera.
Government to construct internal improve
ments so iat from this being The case, It
is matter Of history, thai ia the federal
convention the power WAS asked aud eS
pressly refused. The South Side Democrat
well remarks that among the various pro-
iects submitted in the federal convention to
the committee of detail, appointed on the
26th Of July, 1871, with instructions to RI
port a constitution IN formal shape, wss .
plan of Mr. Charles Puckuey of South
Carolina, which contained clause confer
fiug upon Congress the power to "estao
iish post and military roads " The com.
ni,tee, upon making their report on the
9th OF August following, reported this
clause simply ito establish post road'. y
which WAS subsequent, enlarged by the
addition of pos, offices. This addition OF
pos, offices WAS carried by one majority,
(so,iug by States,) showing II to he regard
ed Ms IN enlargement Of powers, aud not as
mere explicit enunciat,on Of conceded
power. But this point IS most strongly
stated in President Poihs mastery internal
improvement message sent in to tougress
on the 18th December, lSi7 Tie SAYS:
a proposition was made 10 the Convon
ton to provide Tor the appointment ot r
Secretary Of Domestic Aaans, and make
it his duty, among other things, 10 attend
20 the opening o. roads AID navisation, mud
the facilitating Communications through the
United States Il was -efsrred to a com
mit'ec aud that appears 20 have been the
las, Of II. On subsequent occasion, u
proposition was made 10 confer on on
gfess the power to provide Tor the cutting
of canals, when deemed necessary, which
WAS rejected by the strong msjorty OF eight
States TO three. Among the reasons given
for the rejection OF this proposition, It WAS
urged that the expense in sucn cases WIZ
fall on the nited states. and the benefits
accrue 20 the places where the canals may
be cut.
During the consideration Of this propo-
sitlop, = motion VAS made 30 e'larg" the
proposed power, Tor cutting csns,- .a'o u
plwer TO grant charters Of iac1rp)r anon,
when ia. iutrfus.- ~ 'he ui'"d r,a'os
uli h. require, aud the legislative / 4.. 1's
OF the individual State. may bee iDcompe
tcut: and the reason assigned hf VIC
Madison Tor the proposed enlargement Of
the powcr was. that II would secure NJ
easy communication between the states,
which the free intercourse nov e. be opened
seemed TO call for. The pIlitical ohsia.
c.s being removed, \ removal oi the uain
raj ones. AS lar MS possible, ought to lot
low The original proposition aud all tu'
amendments Wcre rcJccicd
These historical acts iu our "a g'ncnt,
conclude the question ~ to tn" utter want
o. power ia Congress to construct ot aid m
the construction oi such a work a. the Pa
cfc Rail Road, either IN the states ar the
territories For ourselves We can see no
difference in the two cases hut upon this
point We cannot do better than adapt the
iorciblc language OF the South side Demo
crat
=" The third power Of the constitution iu.
voked in aid ol the right Of the q 'urtsl Gov
ernm,nt to build railway to the Pacific
i7 the rrani to { ong'css of the power to
Nuke all ucrdlul rules aud regul ,tiors for
the territory or other property OF the ni'ct
States Here the rcceW r1rcris rear thor
rampant in hucled security. They say
that, although Congress cannot touch the
confines OF TIA. States. ye, u can construct
railroad from the borders al Missouri or
Arkansas to the frontiers eft California over
territory of some fifteen hundred miles IN
length They sustain their position upon
the asserted absolute proprietary power
with which the General Government - IN
vested over the territories. We aeny their
premises aud conclusion Congress, ~ our
opinion, has TO more ugh, To tuild road
across the territories than over the states
rs We understand ID, the territories are held
by the General Government ~ the cspaci'
tv OF \ hducisry. The federal head Is "a y
guardian APP -iutcd to watch over then IN
forests until they attain the period OF their
majority prescribed by the constitution.
We scout utterly the ldea in vogue, that
the Federal Governmnu, Is omnipotent over
the territories II is nothing more than \
trustee managing the territories Tor IN"
States rs cssiuis que frps. " hen admitted
into the Union, The temporary authority
with which Congress is clothed over them
by the constitution expires by slm,,stlon
distinct aud sp.elhc. Tho proposition Of
these gentlenen is for Congress. taking nd