The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1853-05-07

DoetjOa Of Jexne, wv" s"'""B '
.l.lr Ia b. democrats. We arc told by |
=, ,s,,r .. Gilm.,. sh.. Col. N. ! Hall
and M. George ". Chiffon. during the
l,te tern Of The Court At Gilmer. made |
speeches In support Of Gen. Ru'k's Pacific
Railroad Bill. Il scems, however. that
hey we're replied to by M ?. Murrah,
CIAo went into Al argument to prove that
this internal improvement policy wss not
only a dang sross exercise Of power by
Congress, but ~as contrary to the democrat
ic faith. II we are to Judge by the remarks
of tho Texas Star. the views Of each oil
these gen.lemc" were sustained BY demo
crnts in attendance.
Truly have We fallen upon evil times.
when doctrines such ~ those advocated by
Mesars. Hall I'D Chiffon are promulgated
- democratic. but they arc not alone
Two Of the presses Of Easter" Texas
arc out in defence Of Gen. Kuskk Pacific
while rot y single democratic press
l 10 Congressional District objects to IT,
we did no, hear the speechcs OF the
gent. men alluded 10 In the foregoing para
rrr,h, aud ~ they may have bee" I" some
ssteat Incorrectly reported. va shall con
a,e " remarks to the question At issue.
|. Has Congress the power to grant
rer 90. incorporation"
a. order to settle this qnestio" let US take
D. book Al the proceedings Of the Conven-
lion at framed the Constitution Of the
uied States. IN tina, body it was pro-
l1aod BY rr. Franklin to give the Federal
i,sre snment III. power to cut canals
,isrs deemed necessary" Mr. Wilson
'eto tded the motion. and during the debate
thereon. mentioned the importance OF Ia
ci'i ing by canals. communication with
IL, wes,ern settlements" t1'he very nrgu.
mont now used by Gen. kusk and other
iatil iina,ian construction,sts OF the con
, su11ion for building railroads by the Fed
! efal Government 10 communicate with the
- western settlements " on the Paci6c) Mr..
Madison offered Ms an amendment "to
rrani charters. of incorporation where the
Interest of the United States might require"
Thee seems to have been n very general
uai.ri on 10 this amendment, and tn mo.
ton A. simply taken on that of DR.. Frank
0o Three States voted in favor Of grants
irr power, and eight against H. "'fhe
.itof rart fMr. Madison's amendmen,j feli
CT eourse As including the power rejected
iese pnpers Of James Madison, page 1879
mo democratic party have always con,
tended for strict construction Of the con.
.,auon, and opposed the exercise of i'm
Piled covers by congress In no part OF
the constitution is the right conferred upon
tl,c Federal Government to grant acts Of
incofppration or bnld roads or canals
ilow ihen can it be exercised by the Fed
"a Government. without abandoning the
dsmoofatic grounds
o to ill introduced by Gen Rusk pro
vides that the Federal Government. through
Az incorporated company, shall build road
from some point on the Mississippi river TO
the Pacific. To build the road implies the
right 10 protect it.slo erect station houses
and depo.s, to collect tolls, and in word,
tho exercise Of political power over tori
tory in tho States. This power has been
condemned by every democratic President
Mr.. Monroe, in his veto Of the bill for the
preservation and repair Of the Cumberland
road, declares il unconstitutional The
same principle Is reiterated by Gen. Jacks
son. Ia bis veto of the Maysvillc road
bill. he says;
"I'he constitutional power Of the fed
era. government 10 construct or promote
works Of internal improvement presents
itself IN two points Of view: tho first, as
bearing upon the sovereignty of the states
within whose limits their execution 10 con.
tenpIated, if Jurisdiction OF the territory
which they may occupy be claimed AS nee
essay 10 their preservation aud use; the
second, ~ asserting the simple right to ap
propriate money from the national treasury
In aid Of such works when undertaken BY
state authority surrrndefing the claim Of
jurisdiction. In the fret view, the question
| Of power 10 an open one. and can be de.
! cidcd without the embarrassment, attending
the other, arising from the practice OF the
government Although frequently and
strenuosnly attempted, tho poser to this
extent has never been exercised by the gov
eminent in single instance. !, does not,
in my opinion. possess il and no bill, there.
fore. which admits ii can receive my official
ssncton."
| but Gen. Rusk's bill does not simply
propose that Congress shall exercise these
powers through a corporation which il
srsasss and controls, but il provides tina,
In = certain period Of time the road with
|ali its fixtures and appursenancss shall r.
vert 10 The Federal Government One Of
the objections Gen. Jackson urged against
The United States Bank was, that il pos.
sssssd The right TO purchase aud own lands
in ths States. Hs says: The Govern
usat Of The United States have no cons,i>
rational power to pssshass lands within the
states, sxssps for The s'5etlon Of forts. mag
a.iass. arssaals, doek-yards. and other