Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-03-12
For tic Enquirer.
THE PACIFIC RAIL ROAD.

dee as well as partiality In this spirit only are The
{ lowing observations submitted 10 the pubic. -,
The Constitution of tho United STATES - one o
enumerated and limited powers, and any departure
from the true sense and import of powers pre- t"u'
usurpation In interpreting the Constitution. Wa arr
not authorized to enlarge the construction o gwen
power beyond the fair scope of lis terms merely oe
cause the restriction is deemed impoitic or inconVe
njspt Arguments deduced from Considerations ol
convenience or inconvenience, expedenry or lieNpe
diency ought here to avail nothing The only sale ana
sound principle is TO declare -ifo tee SrFpsa 'St-,o
respect and obey Temporary delnsions or the poil'
cy of the day should exert influence III dtciuinS
what the Constitution authorizes or forhids hy ms
instrument, certain powers were detrgaeu 10 lne
federal government, and all Others reserved 10 me
States or the people Congress can constItntlonaily
exercise only the enumerated powers and 'h"se I'M
piled powers, which are obviously necessary and
proper for carrying into effect the powers specli
cally granted. The implied ard incidental powers
embrace those only which can be fairly regarded Us
the appropriate and legitimate means OF executing
the enumerated powers-the former being auxiliary
and subordinate TO the latter.
Fully aware that the specified powers give no AL
thoity to Congress to provide tor the construction Of
the Pacific Rail Road s advocates are compelled io
rely upon the implied powers for their Jus'hcation
The friends Of this colossal pTQjtct cannon agret
among themselves upon any sIngl. scarce OF power
and the multiplicity of sources from whence tnesi
eagerness and ingenuity have enabled them profess
eddy to derive the power ia argument agains
them, aud procalinS The Inherent "eakhess vi ihei
cause.
They claim the power as implied from: LIST, tG'
power TO pay the debts and provide for the conm",
defence ana general welfare OF the United States;
TO make all laws necessary aud proper 10 carry in''
effect tho enumerated powers; 5rd, the right TO ~
tabli-h post offices and post roads 18th, TO reguht,
commences among the States; 18th, to declare war.
We desire TO examine briefly each of these headt
of derivation Congress is authorized To pay In.
debts and provide for the common detence ano
general welfare Of the United States The word'
..common defence" and general welfare, cannot bt
Justly interpreted comforting any grant OF power
but are 10 be considered referring to the ends to bt
attained by the exercise of the enumerated powers
The same words are found in this sense, associated
with others in the preamble to the Constitution, az IN
ducemenis Ia the formation OF the federal govern
ment. They are seen thus in the preamble: Nv e
the people OF the United States, in order 10 form
more perfect union, establish Justice insure domestic
tIaDuuil,y provide FIR thu common defence, promote
the general welfare. and secur" Tie blessings OF 'iper
~ 10 ourselves and posterity do ordaln and Is
tabsh this Constitution for the United States Ut lne
rica The preamble cannot be resorted toto enlarge
the powers copfided TO the government because the
preamble coniers no power PER- Sc. II was designed
az declaration Of the objects TO be accom-
pshed by the exercise Of the powers specified IN the
eighth section OF the Constitution. If the words, "com
mon defence" and general welfare are 10 De uhuer
stood and recognized distinct grant oil po"er,th'
reserved rights OF the States WOMB soon DecoHe
nockery and shadow.
> Congress is authorized "to make all laws which
shall be necessary and proper for carrying into exc
cution the foregoing powers. and all other powers
vested by this Constitution in The government of tht
United States or in any department or officer there
Of" These words neither amplify or ab:idee Tie
powers of Congress, while they Illustrate the abun
dant caution of the statesmen who framed the Con
stituiion. The words just quoted enuncaie atruth
which would have resulted by necessary and una
yoidable implication from the very act OF creating
and dalpSAtiDp To IL certain enumerated
powers. Mr. Madison maintained. that the foregoing
cIausee "Is not grant of new power to Congress,ou
merely declaration for the removal of all uncertainty
that the Of carrying into execution those other
wise granted, are included in the grant
.Whenever, therefore, queetion arises concerning
the constution8lity OF particular power, the first
question ia, whether the power be expressed III I'M
Constitution. IL il be-, the question is decided IL Il
he not expressed thenext enquiry must be-, whether
il is properly an incident to an express power aiio
necessary to iis execution. Fit he, II may be eXar
cised by Congress- II il DO not. Congress canuO ex
ercise it." tMadisos's Report.l
3. Congress has authority "to establish post oiiices
and post roads." Ask any dozen d-interested and
sensible men, who have no connection with pubic
affairs what is the meaning OF this clause and Of
the word establish ss here used. Would they main
TAIN that b. virtue of this power. Congress Ind au
thorty Ms an incident, to build and equip rail road:
to employ host Of officers aud agents TO superin
tend and manage thein-to collect tolls upon paasen
gers and freight-to do what the protection and
repair O, the roads required, and Ia draw mp Grim
nal code for the punishment ot Injuries {" the roads
On the contrary, would they not answer, that ii
power given to Congress to designate and egalis.
existngi roads posi rout-s-to Ex on Tue severa
places throughout The Union, at which there shouG
be post offices adjust the rates o. postage, and tG
protect tho post Offices and mails from robbery 10y
furnishing those who are found guilty!
d. To regulate commerce with foreign nations and
among the several States is among the other emu
merated powers Prior to the adoption "t the Con
stitution the several States regulated commerce by
the imposition of duties and Imports Each State
exercised this right, and i. sometimes done upon
very narrow and selfish principles. Commerce wa+
not regulated upon any principle of uniformity OF
friendly ca operation. The policy OF State was
couneracted by the jealousy or rivalry of contiguous
States. These evils impaired the harmony Of the
States, aud threatened the cunfederacy with dissou
ton They contributed essentially to the call for the
convention which framed the Federal Constitution
In transferring to the government OF the Unit d
States the power to regulate commerce the people OF
the several States de- gned 10 confer upon Congress
the power in the SANE ssnee in which, II was then
Understood, 10 wit IA applicable to vessels aud their
cargoes To regulate commerce by cutting canals
and making roads, Ia conception which never en-
tered their heads, when contemplating the propriey
OF cpniiding the Federal Government the authority
10 regulate commerce. The construction Of lgh,
houses tho placing of buoys and beacons. and the
designation of ports of entry and diverv for the pur
poses If commerce, are implied Is necessary means
of executing the power
3. Congress il authorized TO declare war, and the
Constitution has given to the Federal Government
the appropriate means by which war can be prosecu
ted. These means embraced in The power IA
raise money by taxes, duties excuses an, by loan
to raise and snppor armies and navy; to provide
for calling forth, 8rming. dacpining and governing
the militia when in Tie service Of the United States
establishing Notifications and governing the troops
stationed in them. independently OF State authorities
These powers, etiicacious and vauabi. az they are
are not implied but specifically granted. So ample
are they that very little. it any additional power can
rghtfuy be- claimed As All incident 10 the power tn
declare war. After giving by express enumeration,
the necessary and proper means of executing the
power 10 declare and carry on war, Ia il fair TO in
Ter that the trainers of the Constitution intended
that another great power THE power 10 construct
canals and roads, should be implied, ii deemed use.
full convenient for promoting some OF the purposes
Of the grant
The United States are exposed to invasion on the
North and the South, on the Atlantic and on the Pa.
cfc Ii rail roads are To be CONSTRUCTED by the Fed
erai Government to The full extent to which they may
be useful for military purposes, the power, it ex-
iss, mus, apply TO all the States and Territories OF
the Union. Wherever rail r"ads may facilitate The
march OF troops, tho transportation of cannon, ar
otherwise aii the operations, or alleviate the caami
ties of war, along the coast in any part of the in
terror they would be useful to grester or lesa ex
ten, for military purposes. The power thus claimed
by the advocates Of latitudinous constructions fol-
lowing an incident TO another power, can be inca.
nrad in its extent by reference only to the obviou,
extent OF the power la which il is incidental. The
exercise Of the power would interfere with the soil
and jurisdiction of The States, II the power exists
it must he complete and include every thing neces
sary to the enjoyment and protection of the right.
must extend 10 the seizure and condemnation OF pro
perry, if necessary; to tho punishment of thu oien
ders for injuries to the roads 10 the enforcement and
collection of tolls and 10 tho unobstructed construc.
ton and preservation Of the roads.
Can then tho authority 10 construct the Pacific
Rail Road, be regarded rs properly and incident to
an express power, and necessary TO its execution?
The Constitution was not framed by miserable dor.
keys, but by sagacious statesmen who were fully
competent to appreciate the benefits arising from,
works of internal Improvement. The omission OF
these great men to delegate TO the Federal Govern
ment the power to carry on system of internal i'm
provement, is no evidence of ignorance but OF dis
erection and wisdom. Had they believed it prudent
and safe TO entrus this power to Congress, ii
may we'll be presumed that it would have been done