The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-01

lbat purpose YOU have our consent And then the gem
era government will possess the right to establish a
magnificent university in that State. Coming TO Massa-
chusetts the temptation may be TO support all her com
mon schools, and II would not be wonderful il the offer
should be accepted, a9d new apd most important pre-
ogave thus conferred upon the United States within the
limits OF one member oi the confederation, New York
being large State, might require larger consid-
eratlon and that might be found in proposition TO deay
all the expenses OF the Stale and TO be allowed
to all laws which Congress nigh, think proper. within
The State II cannot be necessary 10 pursue these illus
trations There is not single object in the vast con
OF life which night thus be brought be bought
within the Jurisdiction and control OF the fedora, author
y-Ioads, canals bridges, banks corporations and what
ever ese indeed, the OF society require do not
deny, sir, that many OF these supposed cases are little
likely TO hapaen-impossble indeed, in the present state
OF public opinion But they test the principle, as they all
come within The same category, OF giving jurisdiction to
the general government BY this new process OF assent
and tell, when abuse begins where il is TO
end Rellsr repe at The threshold than TO allow to
gel possession OF the hearth stone Establish such doc
rne, and instead OF constitution we shall have
hirty-one and how permanent or how iransitory they
may be who can telll lE the legislature OF the Slate
thus giving It's assent to proposition, TO be forever
bound by the act or repealable whenever majority
OF the legislature feel the and endeayor TO correct
lit? What strange exercise OF power would sach state
of things entail upon the country
1t be recolleced Sir, that this Is not govern
men, possessed OF any esduary powers When political
community organizes its institutions, gives TO lis gov
ernment all the power which is not withheld. Such
the representative body OF the community
holding in trust The powers OF its constituents This is
the theory Of all governments derived Immediately from
the people. But when sovereign Sales associate to-
gelher Tor certain specific purposes connected with their
internal and external prosperity and defence, the govern
ment thus Instituted possesses only the power that is
expressly granted TO IT, The people and the States com
posing the confederation the resduary holders OF the
powers not granted This general view is fortified by the
express provisions OF constitution. which to
the States and 10 the people all the rights not ceded by
them 10 the general government II is Ia the constilt
ton, therefore, thc We must LOOK in order TO ascertain
what We can do in any given case. II the power is
granted, we can exercise II without against the
sent OF any particular State and il is not the assent OF
all the States give it, unless that takes
the form OF change OF the constitution in The mode itse
points out Without that you cannot touch single
comma even OF great charter and yet II this
doctrine is established, it becomes face OF wax,
which any one State may mould at s pleasure So far
as recollect the senator from Virginia MIR. HUkTERl is
correct when he says that there is but one provision in
the constitution which requires the assent OF State to
the action OF Congress, and that is where exclusive iu
rsdicion is sought TO be obtained over sites Tor the
sructon OF forts, arsenals, and other needu buildings
If the senator from Texas, Mr.. RusK,l who has
charge of the BILL and is anxious for the
plishmen OF The object than am. will change The terms
SO that the road where passes through any State shall
be made under the authority OF the legislature upon prn.
cples familiar 10 legislature upon this subject,
J. Tor one, will cheerfuy agree to grant any nable
amount OF public land which may be necessary. And
with respect TO that portion OF the road between what
Stale bordering the Mississippi II may traverse,
and California, being the domain OF the United States,
will insure the work The difficulty that meets me is
moi one of cost. bu OF cons,ulionaly By this means
we avoid all objeclons leaving TO the State governments
TO act within the legitimate sphere OF their operations,
while own action is confined to the public domain,
which, by the constitution, have full right to regulate
and dispose Of As practical question, have not the
slightest doubt that this arrangement would give the
road, and that those in favor OF the
take upon themselves great responsibility when they
reject this proposition Why sir it is more favorable
than the bills have before bad reported uIon this
subject for they provided nothing but land, while this
makes similar provision IN the States and in the i'm
mense desert country through which the road must pass
and where its construction would be most difficult and
pensve, vast of money granted in addition TO
the land land am perfectly willing 10 increase the guam
uty OF land lying in either OF the States through which
the road may pass, TO any reasonable amount If il can
be shown that the quantity herein granted will be found
insufficient for the purpose and besides, in any view,
the grant of land and money within the Territories will
the construction oil the road the most difficult
and extensive portion OF the route and who doubt
that il made there, II would soon work i,s way east and
west TO the proper ieIminl' That result is sure This
partial execution OF the work would inevitably and speed
lily lead 10 the execution OF the whole Better, far better,
take this than nothing.
trust, sir, that this common. sense view OF the subject
will be tax by the friends of the bill and that this great
will not be rejected because all its details cannot
conform TO the wishes OF every individual senator.
The ehorto procure grant OF money for the con.
suc,ion OF canal at The Saut Ste Marie has been refer
red to- and must confess that do not comprehend how
any member who voted against that proposition the
ground OF it's vote for this road
State The difference between that case and this is a
very obvious one, and very obviously in favor of the
grant there and against II here. canal at the Sau Ste
Marie will open a communication with Lake Superior.
almost every foot OF whose southern coast owned by
the United States or course such work, by facllita
Ting IRefcommHDcaon, would greatly enhance the
value OF vast amount OF public property. The canal
must through the land OF the United States There is
inch the route which does not belong to the gen
eal government The bill for its construction assumed
no jurisdiction whatever Ii claimed legal attribute
for the canal, right 10 condemn property, penalties
for its protection nothing indeed looking to jurs
dcion III was TO be cut oil about OF mile
in extent, which the United States Just competent
TO make to dig mill ditch upon the site OF
arsena or upon any portion Of the public property. IT
looking TO the increase OF the value OF the
property, and especially desirable OF defence
Tor distant and exposed frontier, by opening ship
communication between great inland seas, which
would enable our naval forces to pass iron 10 the
other without interruption, thus avoiding the necessity
OF having two fleets instead OF one. But what this
ptoposl,on IL the right 10 lay out and eslab
lish road through State not over the land OF the gen
eral government, bat over all land condemnIng it, il
necessary, and giving such road all the legal attributes
oil highway, 10 be enforced in the courts OF the United
States. And yet gepIemen who saw power TO grant
money for the Saut Ste Marie canal find in the cons
luton the right TO enter State and exercise powers
there never conferred upon Congress !
A few words more and leave the subject We have
heard il said in this discussion that this road may not
through State al either its eastern western ter
mnaiion, suppose II is the object of every member
who supports this to make useful and prac,i-
cable road from the Mississippi from acce ssible
point it, through California to the Pacific ocean
suppose II this route is not followed that we shall fail in
the great obiec, seeking TO obtain No man ac-
quained with the country, who will look al the map
doubt this. And road must have BY such
route and sneh ermIni as proper investigation may
point out We have heard many expressions of conf
dence in the President elect. am gong 10 follow
at eYampe | yofed for him and hat il, tho ho.t