The daily republic. [volume] (Washington, D.C.) 1853-1853, 1853-08-11
THE REPU Lie.
WASHIN GTCN:
THURSDAY MORNING, AUG IL, 1853.
shall the Pacifc Railroad be IncOrpo
rated by the Federal OF state Gov

Shall the Pacinc Railroad be Incorpo-
rated by the Federal OF state Gov
ernmentsl
The obvious determination OF the people OF
the United States to establish an adequate com
munication between the Atlantic and Pacific
coasts by the construction OF one or more rail-
reads across the States and Territories OF the
Union, imposes upon the press the Prelimina-
ry duty Of discussing the various questions
which must arise upon the most feasible means
of carrying out this great public purpose. AS
it is Indispensable that the work should be free
from any legal objections, it will be first pro
per to determine upon competent authority
for its construction.
Some members Of the present Administration
are understood to favor the construction ofthe rail
road under Federal authority and with Federal
means; but we do not clearly understand whether
they propose to construct, maintain, and work
the road on Federal account exclusively, as
the details have not yet been laid before the
public. The right of the Federal Government
to construct works of internal communication
has been derived from the obligations to pro-
vide for the common defence, the general well
fare, and the power to regulate commerce.
whilst few, perhaps, regarding the Federal
Government as sovereignty. and the Union
as domain within which that Government is
absolute and paramount, see no difficulty In
the matter whatsoever.
We presume there are few who desire to see
the powers of the Federal Government wan
tonly enlarged. There are few who wish that
the patronage of the Executive should be more
splendid, or that the legislative duties Of Con-
gress should be further beyond their disposition
and ability to perform them than at present. 1t is
in the dura ton of the Government to avoid, if
possible, the establishment of system which
must occasion the evils referred to. We are
aware that the patriotism of CALHOUN, CLAY,
and WEBSTER impelled them to advocate in
the comparative infancy of the Republic mea-
sures then necessary for it's financial relief, it's
postal and military intercourse, its industrial
independence. But we are satisfied by the
declarations and acts of those distinguished
men, as we'll as by obvious experience, that
the necessity for the Federal care Of these
great interests had passed away with the rapid
growth, improved pecuniary credit, and indus
trial skill of the States. We have no doubt
that these statesmen. representing opposite ex-
tremes of opinion in regard to the powers OF
the Federal Government, advocated the mea-
sures deemed at the time necessary fur the pa
triotic purpose of promoting national indepen
dence But neither of them desired to add tt
the powers of the Federal Government, the de-
partments of which they each in his own way
endeavored to restrict within the limits Of their
undoubted authority. We presume there
fore that all would prefer that work sc
important as the Pacific Railroad should il
possible, be owned and regulated by the States
instead of the Federal Government.
We have read with much interest the dis
cussion now going on between the Richmond
Enquirer and the Union in regard to the au
thority of the Federal Government to partici-
pate in the construction of this railroad. We
understand the Union to contend for the power
of the Federal Government to construct and
own railroad tothe Pacific by virtue of le-
gitimate power of incorporation and construc-
ton within the Territories, and deriving its
power to construct within the States from the
assent of the States traversed by the road.
This power, it agrees with the Hon. Mr.. DAVIS,
in deriving from the obligation of the Federal
Government to provide for the common de-
fence. 1t is, we think, obvious that such
work cannot be, in the sense contended for
by the strict constructionists, absolutely
necessary" for the protection of California,
since it cannot DO constructed in time for
the immediate protection of that State. If
the Pacific railroad could be put under
continuous and imme date contract it could moi
be completed within five years. A means O
protection requiring such a term of preparation
cannot, then, be absolutely necessary. TIL,
rapid increase of able bodied male population
in California may within the next five year
enable her to protect herself. In this case tn,
work would be no longer necessary for her de
its completion to be legal. r .r. a.
We should prefer the construction of tn
road by authority of the States with the aid
but without the control, Of the Federal Govern
ment; but if this cannot be done, we shou
think that the Federal Government wou
rather derive authority to organize and own
railroad from the obligation 10 "provide 70
the general welfare" than from the duty o
defence. California contains treasures il
which the whole Union is interested AL
have contributed to its acquisition, all parti
cipate in its resources, all are interested in it.
preservation. If it be preserved it promotes, if i
be lost it impairs, the general welfare; and the
constitutional duty to provide for its protection
will endure SO long as California shall be worth