Washington sentinel., 1853-12-08


conclusions above expressed. They establish,
we think, conclusively, these points:
lst That at present it is best to leave the
construction of railroads to the Pacific to indi-
yidual enterprise, with the aid which Congress
can give by the grant Of alternate sections Of
land, as indicated in former part Of his mes
sage-under the rights Of proprietorship. (
I'd. That the connection of the government
| with such scheme should be incidental, not
pecuniary and that it is of doubtful power,
and more than doubtful propriety for il "to I'M
derfake 10 administer the affairs of railroad,
/ a canal, or other similar construction
! Sd That under no circumstances, except
where it is indispensable for executing the
means expressly vested for common defence,
1 (which circumstances do not exist now, land
then, without any connection OF the government
with the administration of the railroad, is il
constitutional to appropriate money, or land,
except under its rights of proprietorship of the
public domain.
Such are the conclusions upon this subject,
which we state, without now expressing how far
we may differ in some respects with them;
while we express our qualification, that they
evidence an earnest desire on the part of the
Executive to confne them to the rigid rules Of
construction originated by the republican lead
ers of 1898.
The extracts we now insert, as sustaining the
views we have taken:
"The power to declare war, to raise and
support armies, to provide and maintain a
navy, and to call forth the militia to execute
the laws, suppress instructions, and repel in
vasions was conferred upon Congress, as means
to provide for the common defence, and to pro-
tect territory and population now wide
spread, and vastly multiplied. As incidental
to and indispensable for the exercise of this
power, IL must sometimes be necessary to con-
styuct military roads, aud project hay6ors Of
refuge. To appropriations by Congress for
such objects, no sound objection can be raised
Happily for our country, its peaceful policy and
rapidly increasing population impose upon us
no urgent necessity for preparation, and leave
but few trackless deserts between assailable
points and patriotic people ever ready and
generally able to protect them. These neces-
sary links, the enterprise and energy of our
people are steadily and boldly struggling to
supply. All experience affirms that, wherever
private enterprise will avail, it is most wise for
the general government to leave to that and
individual watchfulness the location and execu-
ton Of all means Of communication"
"The heavy expense, the great delay, and, at
times, fatality attending travel by either of the
isthmus routes, have demonstrated the advant-
age which would result from interterritorial
o1,, hy cuob 90 20 and rapid rnaa no
as a railroad would supply
''These difficulties, which have been encoun-
tered in period Of peace, would be magnihed
and still further increased in time OF war. But
whilst the embarrassments already encountered,
and others under new contingencies to be anti
cipated, may serve strikingly to exhibit the i'm
portance of such work, neither these, nor all
considerations combined, can have an appreci-
able value, when weighed against the obligation
strictly to adhere to the Constitution, and faith
fully to execute the powers it confers.
within this limit and 10 the extent of the
interest of the government involved, it would
seem both expedient and proper, if an eco
nomical and practicable route shall be found,
to aid by all constitutional means, in the con-
struction of a road which will unite, by speedy
transit, the populations of the Pacific and
Atlantic States. To guard against miscon-
the power to construct, or aid in the con-
struction of road within the limits of
territory is not embarrassed by that ques-
ton of jurisdiction which would arise within
the limits of a State, it is nevertheless held to
be doubtful of power, and more than doubtful
propriety even within the limits of territory,
for the general government to undertake to ad-
minister the affairs of railroad, canal, or
other similar construction, and therefore, that
its connection with work of this character
should be incidental rather than primary.
will only add at present that, fully appreciat-
ing the magnitude of the subject, and solicitous
that the Atlantic and Pacific shores of the re-
public may be bound together by inseparable
ties of common interest as well as of common
fealty and attachment to the Union, shall be
disposed, so far as my own action is concerned,
to follow the lights of the Constitution, as ex-
pounded and illustrated by those whose opin-
ions and expositions constitute the stand
ard of my political faith, in regard to the
powers of the federal government. 1t is, |
trust, not necessary to say, that no grandeur of
enterprise, and no present urgent inducement
promising popular favor, will lead Inc to disre
gard those lights, or to depart from that path
which experience has proved to be safe, and
which is now radiant with the glow of pros
perity and legitimate constitutional progress.
We can afford to aoait, bit re cannot afford TO
overlook the ark Of our security"