The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-12

" coming
western and eastern slopes OF the North American conti-
nent through foreign errory in pursuing, for
Teen thousand miles, The waey tract around Cape Horn
have thus considered this subject as part of
POSTAL SYSTEM, esteemed by every enlightened
nation 80 important to ITS prosperity, and 10 which we
seek lair participation Ii has been operating in the po
,ueal Transitions OF The country from the revolution to
the present time, and the people OF California ask the full
benehis OF Il 10 be extended 10 them, not gracious
gil but as constitutional right We ask the exercise
OF no disputed power such the construction OF road
by The United States government through the limits OF a
SOVEREIGN STATE We leave the extension of the road
through California 10 the State herself and in addition to
compensation for carrying the United States mails, appro.
pflae public land, in limited quantities, and with spec
he'd restrictions, IN accordance with legislative preceden
well established for nearly third OF century past 1t
s in fact only necessary consult Tor
the last three years. TO the unqualified manner IN
which this congressional power has been exercised re-
fer especially 10 the act OF Congress approved Sep
grant ot land TO the States OF Illinois. Mississippi, and
Alabama, in aid Of the consiru ciion Of railroad from
Chicago 10 Mobile - also, that oi Jane TO- 1852, grant
ing the right OF way to the State OF Missouri, and
PORTION or THE PUBLIC lands to aid the construction
OF certain railroads in said State = followed by general
act approved August 10, 1882 granting he right OF way
to all ta and plank roads and macadamized 'aInplkes
through The public lands belonging to the United States
and The act approved February ., 1853 "granng the
right OF way and making grant OF land to the States Of
Arkansas and Missouri, 10 aid in the construction Of
railroad from point the Mississippi opposite the
mouth OF the Ohio river, via Little Rock, 10 the Texas
boundary, Fulton, in Arkansas. with branches 10
Fort Smith and the MISSISSIPPI rIvef,'
Upon these pIecedens, and numerous grants OF pubic
land 10 other States of the Union which, unlike Caiior-
MA have been osered nurtured and sustained by the
national treasury from the feebeness OF territorial n IAN
cy up 10 their political majority and have since received
the benefits OF large concessions OF the richest agricultural
lands, ask of Congress- apd have right 10 ask, upon
the terms of handed justice, that iar-oh State
exiled by continent OF territorial space shall be placed
upon equal footing with other States OF the Union
and who, in justice, stand up here and deny US!
The bill tis true proposes an increase IN The number
h,fpn than
what is believed to be reasonable when consider the
low cost of materials and labor al the great centres and
thoronghares Of trade and near the mississippi IN
contrast with the enormous prices which they command
with us. and the expense OF transporting equipments TO
the other side oi the continent.
These considerations fully justify the proposed ia
in the quantity OF land as 10 render argument or
comment almost unnecessary II seems, III fact, ndIs
pensable in relative point OF view, If we intend TO
place California equal terms with her sister land States,
who have been literally dealt with and so well pro-
vded Tor by CongTess. as in the case OF Illinois and OF
others In thus leaving the State OF California 10 con-
s,ruc the extension oil the Pacific railway through her
llmi,s avoid infringement OF State sovereignty or any
constitutional difficulties. The diversity and essential
difference OF views held this subject by distinguished
statesmen had not escaped attention, but were deliber
ately considered IN framing the bill before you
We find the opinion has been advanced with great
ability and eminent juTidca learning, that the clause in
the conslltuon respecting poe roads" gave Congress
exprts not implied, power; and that The nonexer
else OF this power full extent in regard 10 the
slructon OF epos roads, but merely designating existing
State roads post Tou,es was not surrender OF the
power and did not exhaust H. but that under the cons
tuition il still exists full right and may be exercised
whenever, IN the judgment OF Congress, u may be ne
cessay. This construction, however, fsls within tbe
reasoning and principles that assert sull larger exe
else OF congressional nIerpostion in works OF internal
Improvement Mr. Jefferson, in his annual message OF
December, 1906 and his successor, Mr. Madison, IN his
message OF December, 1885, denied any s1ch general
power IN Congress-
President Adams, on the other hand in bis inaugural
OF the 4h March, 1925, took contrary view, which
sanctioned The principle, and iEyored expenditures Gom
the national treasury for such purposes, Ia ls27 the
House Of Representatives, by large majority, voted 40
appropriation for the continuation OF surveys OF routes
and roads In 1880 that body took opposite position,
aud rejected, by decided majority bill to construct
road from Buffalo to New Odeaps; and IN that same
year President Jackson held that Congress possessed no
power, under the constitution construct roads, vote
money for internal Improvements OF local character, but
admitted that the right TO make appropriations Tor works
of naiond character bad generally obtained as 10
warrant It's exercise.
Ia hs message OF MAY, ls22 President Monroe exam.
ined with eminent abliiy the constitutional provision
delegang authority 10 Congress respecting "pos roads
He snsy zed the subject by almost irresistible process
OF reasoning, and by his construction confined aud re-
slncted the power IN such manner as TO AVOID the
slghest uespass upon The rights and jurisdiction OF The
/ sovereign States.
The power az thus dedoeJ is held to be the true con
stutlonal doctrine and in accordance with IL, al
ready shown, we propose that California shall make hei
own portion of the Pacific road, from It's junction her
easeIn boundary 10 the ocean, and, that she may moi
unluty be made exception OF ~ our legislation, 10
give fair allowances in land under express authority o
the constitution and In strict and obedience 10 legs
lstye precedents, TO AID her Ia the construction OF the
road within her limits Suppose" said distinguished
iuris who adorned the supfege BENCH that the
State roads not furnish as point OF fact they did
not al the time of The adoption OF the constitution and
hereafter, tor many exReneies OF the government ~
times OF and otherwise they may no) suitable routes
for the mails, what s then TO be done Is The power o
the general government to be parslyzed" /" Such con-
sideTaons doubtless had their weight with Congress
for in 1906, during the administration OF Mr. Jefferson
an act o 2lst April passed, BY which the President
was authorized " to TO be opened road from the
frontier OF Georgia, the route from Athens To New
Orleans, till the same ersecs The ihm,y.frsi degree o
north latitude and TO TO be opened road ol
roads through The territory lately ceded BY the Indians
the United Sales, from the Mississippi TO the Ohio
and 10 The former Indian boundary line which es
ablsh.d by the treaty OF Grenvllie ]" and b.
opened road iron Nashville in the State OF Tennes
see, NaichtZ, in the Mississippi Territory" Here and
IN ether examples which could be cted ind Congress
expressly requiring the Executive Of the general govern
ment 10 have road opened even through TIE limits o
sovereign State but waving these precedcns, and al
herring the sounder constitutional doctrine, which for
bids The exercise OF such powers by Congress within III,
boundaries of State, the provisions OF the bill
drawn that the iaslidous take exception 4
them IN this respect.
That there must be outlet from that immense
territory, extending from toe Mississippi valley on ht
the Pacific on the west be conceded by every
member oi the Senate.
be supposed that the active, restless and enter
pspg Of already finding their way for settle
ment 10 that direction, aRd soon TO MI Il up by millions
with Their high capacities OF civilization, be conhnet
in their trade and busness OF lie 10 expansive prairie
and plains, walled w. between The rocks OF the Serr
Madre and Sierra Nevada mountaiusl Does any 90,
imagine that this state oi things will be permitted by
race whose history resembles in is progress the resist
ess people who came from the regions oi the north
Gam Vpfp prifh