The daily republic. [volume] (Washington, D.C.) 1853-1853, 1853-08-11


men and munitions 1t may build those roads
Of stone. plank. earth, or iron; but having open
ed them they are free for the use of the people
Of the United States without charge or restrlc-
ton. But railroad 10 an institution unknown
to the founders Of this Republic. The ausho-
rity which owns the railroad must own also the
exclusive right Of transportation. 1T must unite
the ownership of the road with the character
of the common carrier. This renders necessary
not merely the right to open way through
the Territories which may be derived from the
duty of military defence, but also right to fix
and regulate freights, taxes and tolls II would
imply, moreover, the right to pass laws ne
cessary for the enforcement of those regula-
lions, and to punish those who might violate
them. In some instances acts would be pun
ishable as feIonies which do not at present
constitute offences against the Federal Govern
ment. How far the power indispensable to
operate such railroad efficiently would extend
the power to make needful rules and regula-
tons for Territory, or how closely 1t would
trespass upon the dangerous power to dehne
the rights of property, is a subject we cannot
discuss. although it must force itself upon the
consideration of every one.
But the Federal Government, as the owner
Of railroad to the Pacific, would occupy the
same position towards the public as if it held
in similar ownership and jurisdiction not only
the Ohio river from Pittsburgh to New Or
leans together but also every steamboat, flatboat,
or other craft which should traverse its wa
tiers. 1t would be at once the owner OF the
way and the common carrier-a character SO
anomalous as to render it the imperlous duty OF
every legislator to examine the consequences to
advert to the power which such work will
confer u pom the Federal Government if it shall
choose to raise or depress fares or feghts, alter
gauges, or embarrass connexions. 1t may 81
readily discriminate against sections or cities,
and, being vast monopoly to which money is no
object, all private competition would be fIuitless
Ii it shall be thus perverted to party or politi-
cal purposes what power of the Federal
Government has not been so perverted "a
partial or unjust administration of such work
can do infinite mischief, and will be totally
beyond the control of a suffering minority.
| But we have even in this long article only
Swallowed some of the obstacles Of law and ex-
pediency which render, in our opinion, The
construction and ownership of Pacific railroad
by the Federal Government measure to b.
if possible avoided. We shall hereafter under
take to show that such Federal road is not ne
cessary, but that one or more roads may be or
ganized under State authority and constructed
through the Federal domain under grant o
the right of way, and that this will, with the ait
of Federal subscription, constitute the best means
ofsecuring to the people of the United States al
the advantages of constant and safe commu
nication with our Pacific possessions. In tn
mean time, as we do not wish to do injustice
we would be glad if the Union would STATE
whether it considers the power of the Fedora
Government adequate to the incorporation ant
construction of railroad within the territorie
of the United States.