Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-04-11
TBE PACIFIC RAILROAD CUES ION.

ocratc party has been plain snd uniform on the
subject Of Internal improvements BY the general
government The doctrine, Bs FIRST laid down By
Madison the ftherof the Constitution, and Jeler-
son, its able expoun Ier, have been faithfully sdneT
ed to by every succeeding Democratic PRESIDENT
and declared as ga distinctive feature Of cur pO-
hlosl creed " in every platform since the adoption
Of the National Convention system, IS follows:
That the Feieral Governments one Of limited |
powers, derived solely from the Constitution; and /
the grants o. power made therein ought 10 be |
STRICTLY construed by all the departments and |
agents Of the government; and that il Is iltrpsa5-
ut and dangerous to exercise DOUBTFUL con
stitutous powers.
That the Constitution does not confer upon |
thu General Government the power to commence /
and carry on general system Of Internal improve
enI
Thus, according to the long established docti inc
Of our party, these limited powers should be strict
III construed and wherever such strict cou5truc-
ton raises doubt as to the cOnsGtutionslty OF a
measure, it should be abandoned, for reasons es-
sents to the reserved rights and sovereignty Of the
States, and to prevent the obvious tendency it
would otherwise have to a consolidation Of all
power in the Federal Government.
In determining whether a given power has been
granted, sound rule Of construction has been laid
down by Mr. MADISON. That rule is, that "wbeL-
yer q question arises concerning particular pow
eT, the FIRST question is whether the power be ex.
pressed in the constitution If it be the question
is decided fit be not expressed, the next Inquiry
must be, whether it is properly an incident to 81
expressed power, and necessary tc its execution
If it be, it may be exercised by Congress If it
be not Congress cannot exercise it. A p0lger to Be
Incidental MUST NOT BEIZEROIsED FOR ENDS WHICH
MAKE IT PRINCIPAL or SUBSTANTIVE POWER, IN.
dspsadsst Of Hsprncpal pO0sr to a2Iic5 Il IS an IN.
cideat Following out this rule Of construction.
President MADISON, IN 1917, vetoed bin "to SCI
apart and pledge certain funds for constructing
roads and canals, and improving the navigation Of
water COURSES in order to facilitate promote ard
give security 10 internal commerce among the sgv.
eral States and TO render more easy and less erDen
siUs the means and professions for the connoa de-
fence Mr. MADISON knew there YVES no tcDyess
power in the constitution to construct roads and
canals and to suthorz5 It on the plea that if was
an "irciient" to the power " to provide for the
common defence and general welfare, would be
doing so for ends that were principal subs .aut5va
and Independent Of the Objects Of the exnre<s
power to which this power claimed to be an ipe;
dent. Notwithstanding the bill before Mr.. EADr.
son Wss, in part, "tO render more easy and less
pensive the means and provisions for The common
defence, It was very evident that 20 facilitate
and promote internal commerce among the several
States, was the priacpsl.and leading object.
without which, would le7ag have been iDtro5r-
oed before Congress s. in the proposed con
s.rucUon of the Pacific rozd. I. uicht "-z-der
more easy and less expensive the means Eud rr5.
visions for the common defence, but this coazid.
GRAFTON is as q feather IL the balance when Wei H.
ed with It's importance as g great commercial ca.
terprse and without which il would never have
been suggested Or thought Of by any one il CON
uectiOu with the public defence.
The bill vetoed by Gr. MADISON, was nrseiss'v
analogous TO proposition in question. 1t womb
hEye facilitated travel ard commerce, and rendered
more easy the means O. Transporting troops and
munitions OF war Necessary to tie public dgfelce.
which were highly essential Gt dat time. p hrn
tleIe ives lot a steamboat nor q ra.Ir,a5 in crr
limits and Wien sc Lac 10 keep DID q -lrfirrar
borCer wa-..E. wiki lie gavsgcs. But8lr. Mani.
son having zwo-u 20 support the constitution c,,lf
not coLsa- ezgt-.c-gy. He sid in his n7eesa,a .
" sm net unaware O., the crest insp3rtsncs nj
reads SID ca-a-s uGu Tie improved navigation n
water courses, snL ILsJ g power in fbe rsfrCr-I
Legislature TO PROVIDE Tor ilcm might be exercised
with signal advantage TO the general rrng-eri.,,
But seeing that SUCH power is Lot expressly civ
eu by tic Consultation, ana believing Il Cannot 10
CeuuCsd rom aly part o. Do without On ilsdr--s
slole lsutU-C % construction ard reliance on ~,
Sufficient PIE Ceagn,s; believing also q at he nor
msueut success oil TIE Constitution dererdz IN o.
definite partition OF powers between the Genera
ana StGJe government aUt that no ADEQUATE land
marks would be Lett by tie COL structve extqrsir-
al the power o. Congress, as TrgpO.ed IN the bin
i have no option bit to withhold my signature
from it. &c.
40 refer tie power in question to tie clause
so provide tor the common Ce.eLCe and general
weiIsre,' would be contrary &c tie Cs,ab isEed and
consistent rules O. lterUIeta ion ss rgulerIrrr 10
special and caeui enumeration OF powers when
follow the clause, lugEtOTy and improper Such
a view Of tie Constitution would nave the effect
OF giving TO CCIgICz7 g neral power Of IerTza.
tIo6 instead OF The defined and E1gfts3 one 1ere,,
fCre uuGurs, God TO belong TO them; the terms
'comuCu defence and general welfare cmbrscID-
every UtjsC, aud act WITHIN the paTvIeH OF leg
islsuve trust
President Polk, in end -rs.ng the position of Mr.
MADISON, relative to the exercise by CONGRESS q,
Az ipcIceutal powers as necessary to an expre,s
power, says:
alt Is rot enough that 1t nay be regarded br
Cororess Is convenient OF ttatl.s exercise a o,-.
s5vsIag the pubic veal It must be zeresgq~,,
and 5yo5er 10 the execution al the prIrcBsl cy
rr-sa ugs, er 20 ULlc. II s au incident, and win
out Y, a.cu such principal power cannot be carrie
into Giec.
To make the power to construct a Pacific rail
rosd incident 10 he power TO declare war" re
rel ipyasoua, OF to provide Tor the common
defence" itmust be shown that its construction
vopid be authorised by lLess considerations alo E.
ndependaut OF the commercial sspec. in which
Tho subiect Is viewed. This 10 ouo would have
he folly to attempt
=Tpe commercial importance Of @ mon. direct
~ sneedv intercourse with cur peasessfoug on
no Psgfc is no new idea, but was conceived ard
,-ssss8 with much zeal during the admins rsticD
# Mir PoLK. A bill FOX this purpose authorizing
ssssrs Aspnwal 81 Co, to build raiiroad scIoss
b., Tsthr7rs OF Panama, with the view Of fscbts-
inc commerce and accommodating our govern
,snt IN the transportation Of mails, munitions Of
gar sc was introduced into Congress IN I849--
4 --,,. house and was well understood IN