Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1859-04-02

Il was argued that the Federal Government
having the power to contract forts, could RC
into State and take land Od HbitWn for the
purpose. and th, rtfOre could 10 into q State
and take land to build railroad, if il was
necessary for military uses. The Language oil
the Constitution. which IL relied upon is found
i'll the clause referring to sitrs for magazines
arSenals, dOck.yardA. and ether needGu build.
ings. 1t employs this expression; that Con.
gress shall have pOwer 80 exercise like au.
thOrity, that Is exclusive legislation "over all
places purchased by Ihe eOa0ent Of the Legisla.
ture. for Surh ncedful building. 1t was argued
as though this Was a grant Of exclusive legis-
lation by the cOnScnt II the Legislature Of the
State; whereas the language l., purchase
by the consent Of the Legislature !" and this
distinction was as brad to those who early
n't'ucl the Constit ton, that II always
made NJ p'icAbc. and is now b, law made al
plicEbc, to those cases where consent has
been obtained, and where Notifications are to
DC erected. II is prescribed that an appropria.
tIon for the construction of . fort cannot b.
used until the consent of the State within
which it is to be constructed, has been obtained
knowing the jealousy which was felt by the
States OF the invasion by the Federal Govern.
ment OF their territory; knowing the Jealousy
by the Federal Government within their lin.
IT'S fIrestcing what would necessarily arise
III the conflicting Jurisdiction, which must ex.
iSt where permanent works were constructed
and held by the United States, and the laws
If the stat still prevailed, they guarded it in
the manner prescribed In the Constitntion.-
II was not anticipated that these works were
I" bc otherwise than upon sites purchased hy
the consent Of the Legislature of the State, and
therefore the language used is purchased by
the consent Of the Legislature" The Federal
Government might purchase otherwise; but
It was not anticipated that such works an
these should be constructed without tho con.
sent OF the State; and the laws are In con.
iormiiy with that known intent
But Senator from Louisiana rMr. BENJAM.
N asked whcth>r the United States could not
cut road in State? Certainly; they can
cut road whenever they find it necCful to
pass through the forest. They can throw up
u temporary cntrenchment to protect their
troops in nights cncampmcnt. This belongs
to the duty Of defense and the right of way.
They can use it; but when th,.y have used
1t, it is at an end /; they have no claim unen II.
no control over it. The bridge they lave built
may be burned tomorrow, and they have no
redress from the person who committed the
act. 1t would be entirely thing under the
State authority, and right to pass through
could be derived from the consent Of the State.
and thus it has both in the practice and LEG
islation Of the county. You allow expcnii
lures constantly for the construction OF can.
tonmtnt> and temporary works where the
consent of the State has not been asked, wher,
1t is not expected ever to obtain il, where. i,
fact it is not desired; but permanent works,
uch as are described in the Constitution
'ortS, magazines, arscnals, dock va, d., and
other needfu buildings-were intended to be
built within the limits Of State only by the
consent Of the State ITSELF
How, then, is it in the TerritoritsP Must
the United States go to the corporation Il has
established within Territory, and theru ask
permission to build fort! Must they there
ask the consent Of the territorial government,
to have jurisdiction over the fort when it is
built? The proposition answers itself II
has only to bc stated and thus in the Con.
stltutlon itself are gentlemen pointed to the
d'lfercace between constructions within the
limits OF State, and within the limits OF n
Territory: The substitute, repeat, is con.
fined to the Territories alone. II has no re
lation to road within any State otherwise
than rs building 1t across the Territories NAV
shall contribute to insure its extension east.
ward and westward.
If 1t bc constitutional to construct railroad
when it is necessary for military defense. We
mIst tnke the responsibility in this, as in ali
oth>r cases, Of relying upon the discr, ton Of
the agents Of the Government. TINT they
pcrvert not that which is necessary aud use
1t where it nas no such application. II gen.
tlemen are to he frightened from undertaking
public work because Of the abuse which il i
possible may result from il. l would ask what
appropriation have VIC ever made from whicl
We should not have been likewise restrained 2
We have made an appropriation to extend the
capitol. Does the exercise Of that power in
volve the right to go on and build house that
will cover the District of Columbian And
yet, the ab>r,lity which is rcsorted to in order
to prove the imprOpricty Of this measur,.
would be as applicable in the one case aS in
the other. Government is practicable thing :;
1t must be executed by men. II those men
are dishonest, and IL they are seeking con
stantly to break the restraints Of the (onsti
tuition, and to legiSlate SO as to violate the lust
Obligations imposed upon th,m why n fer TO
thr language Of the Constitution ut anY II
cannot restrain man who has 10 honest pur
o'eS; and it he has an hont st purpose, hv
cannot use tho necessity Of one case as pre-
text for another.
II, then, it be admitted that there is cOnst.
tutI"nal power, and that it is expetlicnt uUOn
the limited scale which have proposed to ux.
crcisc, it remains to consider the practicability
Of tho route. believe, IN this view of the
case, can show one route to be practicable /;
| can show that the amount proposed to bs
appropriated in the substitute, will insure tho
completion Of \ road upon that route; and il
built on that route, it will have connection
upon the east and west to answer all the pur
poses of the Government. That il the 6aAiS
fmy calculation. If there bo other routes
more practicable than this, others on which
the road can be constructed moro cconomi.
cally let those others take advantage Of the
specific sum to build the road wherever ma.
ture has indicated the place it can bc most
practically and economically constructed.
"Sir," said nOmpous parsonage, who un.
drrtnOk to bully nm editor do rou know