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

Mr. DAVIS Mr.. President this vote having been
considered, The bill is restored to the position which
occupied before that amendment was adopted and wish
TO address few words 10 the Senate in regard TO It's
present posture, The change proposed by the amend.
ment Is about this il to take the twenty millions oil
dollars which the bill proposes TO grant In the scrip oil
the United States, and limit the expenditure OF that sum
OF money TO the Territories, excluding II, in other words.
rom the States Now, sir there would seem 70 De some
obvious advantages in that well as some disadvan-
ases think II is worthy OF the consideration OF the
chairman OF the committee reflect, for moment that
you take of perhaps one-third of the distance
winch may be said to be within the States. and then a
ply the money 10 the distance through the Territories
The twenty millions will come very to If they will
not build the road in the Territories They will
you road through the Territories OF the United States,
because transfers all the appropriation designed for the
two thousand miles to that limited portion OF il which
lies within The Territories of the United States.
But there is a difficulty thrown out with regard this
matter which may merit some consideration, and do
clearly how can be obviaed Is there point with
in the Territories where this road ought to terminate,
which connects itself with water navigation, with
railroad communication, with any other facility which
would enable the parties making this road 70 prosecute
II with success That is question which cannot de-
eide here not quite prepared to say where the best
commercial route is.
My honorable friend from South Carolina [Mr Bur
LERl says that we walking in the dark-tha antece-
dent surveys indispensable in order TO enable us to
comprehend where should put down our feet. All
that is provided for, the honorable chairman Mr..
RusK] has shown. All the surveys that necessary
must precede all action. Nothing be done without
them. There is. therefore, no insecurity. There will
be no want OF light But cannot decide by antcipa-
ton where the President who is vested with the power
will put down the terminus of this road at the Misss-
sippi river If could could understand pretty we'll
where il would pass through the Territories
Well sir this is abont he posture of the natter there
being no insumouniable obstacle TO commencing in
the Territory. Some gentlemen object TO the whole
schemes object to the details and, among other
things is said to be repugnant to the provisions OF the
constitution. Sir, this is time TO argue grave
slutional question; but suppose that the gentlemen
who have argued these questions will admit that there
are certain provisions in the constitution and, among
hpTS "A in fi1cpA
and posroads" suppose they will admit, also, that
there power vested in Congress to defend the
try, and to employ all the means which necessary to
defend and prosecute in case OF war Congress has
power 'to establish post offices and post roads" That
is pretty PLAIN language. In other words, has the
control OF the by which information is transmitted
through the Post Office Department from end of the
country 10 the other and the power granted is not only
that Congress shall establish post Offices. but that it
shall establish the roads upon which the mail matter is
10 You must, thenand il seems to me that this is
logical proposon--haye road upon which TO trans,
nit your mail matter, road provided by the United
States. ! suppose every gentleman will admit that it
cannot be carried over private property or private ways
know that gentlemen put construction on this part
OF the constitutions the justice and oprety Of which is
not very visible. II is said that when the constitution
speaks Of establishing posroads, it that shall
establish the roads of the States post routes This pre-
supposes that the States may possess roads under their
jurisdiction and authorty-roads OF their estab
ished by their authority, which they can keep open
pair and passable not they please Suppose that
the States, with this ample authority their
property, should control all those OF
them should pass law that your mails should not go
over its roads, would your power and your authority
der the constitution be exhausted Does II depend on
such contingency If the Stale OF Delaware should
say, "We have chosen to pass law BY which we pro-
hbit your passing your mail through Delaware INTO Penn
sylvania," would that stop the mail Would the power
OF the United States be defeated and the mail arrested r
or would the constitution override this barriers
take very much the view that has been taken in the
UNDERwoop that it is positive power given 10 this
government. 1t is power given to execute function
conhded TO the government, and there is authority
enough in Congress, not only to establish post ofhces
but to establish, if it be necessary, posr also
and if Congress establish them, II make them il
il m and il is not in the power OF any State to pre-
vent the transmission Of the mail on posroad thus
established. The constitution overrdes the power OF
the States in this particular, and it designed to over
ride it,
How, then, is it with regard to the defence of the
country Why, sir, | take 1t that gentleman will
deny that military road is necessary for the safety
and defence of the country, power the part of
this government TO make such road believe that
nobody has undertaken seriously 10 question that there
is power residing in the government, if il deems road
necessary for lis defence 10 make such road within
the limits OF any Stale
This power not only resides in the government, by the
force OF the constitution, but Congress has admitted
again and again that il does reside there, and have
csed the ground that 1t is as indispensable to de-
fence the right to build iorhhcailon. Under what
authority the Cumberland or National road made
that road which has been oseed and cherished through
series OF years. and Tor which appropriations have been
made session after session by Congress- uni there have
arsa Was il not founded upon these powers contained
in the consutlon-the power OF providing for the de-
fence of the country, and the power OF establishing post
offices and post roads, The power found there ii il is
found anywhere Ii is not found there the making OF
that road by the government was Violations OF the
constitution
But sir will not trouble the Senate on this question
rather regret that the question OF power started here
at all Ii is hardly appropriate 10 this question. II any
gentleman that the deences OF the country require
such road this that the transmission OF the mail
OF the country requires -bat is matter OF judgment,
agree-bu il he that, he can then easily find
the power to do il know not how soon the exigency
may in which this may become necessary in the de-
fence of the country The very last steamer from Eu-
rope brings OF some interest We see that there
is advance in the price OF money, advance in the
rate of interest and not only the newspapers but pr'
letters brought by that steamer contain intelligence
that there is an unsettled state of things in Europe
read this very morning article in newspaper, OF some
news and endeavorng to prove the truth OF the supposi
ton that there restless and disturbed state OF things
in Europe and that nothing was more probable than that
a war would ensue, and war with this country
do not greatly heed these rumors; do know ex
ac,ly that it is entirely wise not TO heed them at all
There is an old adage, that il wise in time OF peace TO
prepare for war and II might have been added that we
little likely TO be insulied, and aggressive
act, never little likely to happen to when
have provided means OF defence to meet them Now,
can that this road which we have under consdera-
ton is one OF the most material matters, its xon
with the defence OF this country, that has been be-
lore Congress. took occasion, in some few remarks
which submitted here few days ago, to say that in
contingency oil that kind the safety OF possessions
upon the Pacific must in great depend upon
the facility OF intercourse with the Atlantic Stateahe