Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-01-21
.&ifbmon0 Enquirer,
THE PACIFIC RAILROAD.

TdE fAClflC
One great error committed by the advocates
Of Congressional appropriations to this work,
consists in dwelling on analogies to acts of Con-
gress in other instances. instead of testing the
matter by direct reference to the terms OF the
Constitution.
We are asked if Congress may not construct
q Pacific Railroad, under the same constitution
al construction by which it undertakes to build
mail steamers? Undoubtedly. yes. But where
does Congress find the Constitutional power to
build steamers for the conveyance of mails,
any more than for the conveyance of ordinary
merchandise: Certainly, the power to "estab-
lish Post offices and Post roads," admits Of no
such construction. 1t is clear, that whenever
Congress undertakes to build a mail steamer,
it ventures on an unconstitutional exercise OF
power.
The case of the Cumberland or national turn
nike is also adduced. 1t will be remarked, that
Il this, or the foregoing analogy, is worth any
thing at oil, it proves too much for those advo-
Gates of the Pacific Railroad, who pretend to
deny the general power ofthe Federal Govern
ment to construct works of internal improve
ment. If Congress may build a ship, or con-
struct a turnpike, merely because the ship or
the turnpike may be employed in the convey
ance of mails, then Congress has an unlimited
power to construct turnpikes, railroads, canals,
&c, throughout the whole length and breadth
of the land.
It was during the discussion of this very
scheme for a national turnpike, that the consti-
tutional intention Of the word establish was
expounded and fixed, and the limitation Of its
effect to a mere Congressional designation Of
modes and routes Of mail conveyance, has ever
since been received as a fixed fact by tho De-
mocratic party. Indeed, at this very time, the
latitudinarians found it so difficult to diStort
Establish" into construct" that they par
TALLY abandoned the attempt, and sought to
obtain the Cumberland road under the treaty
making power, pretending that the ordinance
BY which Virginia coded the North West Ter
r~itories, contained a virtual proviso requiring
Congress to open for such Territories n direct
communication with the Atlantic. Certainly,
it will not be pretended that the construction
of a Pacific railroad can be brought under the
teaty-making power.
The removal Of Instructions in rivers and
harbors has also been adduccd 1t will be re-
membered that, in order to justify this assump-
ton of power by Congress, Mr.. Calhoun was
obliged to resort to a theory attributing to the
neral Government q dominion and autho-
y over large rivers and inland seas, similar
that claimed in like cases by European Gov
c-nmcnts. This doctrine has heen exploded.
deed il contradicts decisions Of the Supreme
ourt Even if it were still available for river
I'd harbor bills" it could in no manner be ap-
lied to the construction of a Pacific railroad.
It is further noticed that Congress has
lrcady granted to different States large
reas of public lands, for the construction
f public works. the institution of schoola
md colleges, &c. and 1t is asked. why it may
DOT make grants of alternate sections to indi-
vidual capitalists. or to corporations, to en-
able them to build q Pacific railroad?
We must meet this inquiry by another
Upon what ground Of constitutional right can
these ~cessions of public lands to different States
be justified? We deny IN toto the sweeping
doctrine of Mr.. Clay, substantially endorsed as
it has been, by Mcssrs. Calhoun, Benton and
Cass, viz: that Congress may dispose of public
lands without restriction as to the purpose of
such disposition. The same clause of the Con-
s%titution which enables Congress ITO dispose
Of" 'the territories" grants exactly the same
power Of disposal with regard to all "othcr
property belonging to the United States" If
the power Of disposal is unlimited in the case
of territories, it is equally unlimited with re.
gard to other property. Now the EN-
ployment Of the property of the United
States enters into every possible exercise Of Go
vernmental power; every imaginable exercise
Of power can be coupled with the disposal of
public property. And if Congress is at liberty
to accomplish every purpose whatsoever,
which a disposal of public property renders
practicable, then every limitation Of power con-
tanned in the Constitution admits of easy null
lifcation.
The proper construction Of this clause of
the Constitution is obvious.
The power to dispose of the property be-
longing to the United States is a mere auxilia-
~ power, to be employed only as incident and
strictly subservient to other express powers
granted by the Constitution, for the fulfllment
Of their express purposes and none other.
One Of these powers, to which the disposal
or cession Of public lands may become proper
" incident is the power to admit new States"
If it be desirable to admit q new State. and if
such admission or the maintenance Of the State
Government be found otherwise impracticablc,
Congress may rightfully cede to the new State
the high domain and proprietary right over
public lands lying within it limits.
Indeed, this case admits of q broader rule.
1t may we'll be assumed that the intention Of
the Constitution is to conccde to new States ain
entire and unimpaired right Of sovereignty
placing them in all their attributes Of sovereign
ty on an equal footing with the original thirteen
States Now one Of the great attributes Of
sovereignty is the right to eminent domain
Each Of the old States maintains this right full
and unimpaired. The State Of Texas, too,
from the moment of her annexation has con-
tinued to exercise the complete right of eminent
domain over all the territories within her lin.
its; the United States has never possessed a
foot Of pubic lands within her borders. Now.
It is evident, that so long as the United States
continues to exercise high domain over terrific
ries within the limits Of anew State, pro tanto
the new State is deprived of the attributes Of
sovereignty, and thus degraded from the posi-