Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-02-15
PACIFIC RAILROAD.


january 2s, 1859.
The Sepate having resumed the confederation of
the hin 70 authorize the President Of the United
States to contract for the transportation of the
mails troops seenen, munitions of war, and all
other Government service, by railroad, from the
Missouri river to Sar Francisco, in the State Of
California
Mr. Johnson said:
IL vas not my intention, Mr.. President to con>
sume single moment of the time Of the Senate ia
the discussion of this bill Every vote that have
given every motion that have made since the diss
! u.sion of the subject commenced, has been with
the view Of having sp -edy action, by. the Senate,
upon this b but perhaps l may az we'll, at this
I time, state two or three easons Why shall vote
against the bill upon its final pass age Tie CUES
ton has assumed shape which makes it ineumb
! ent upon me 10 do so.
The amendment offered by the Senstor from Mis-
sifsippi Mr.. Davis does not come up TO what
| would require in many particulars but II that
amendment were out oftbe way, nnderstand there
! is proposition before the Senate to be acted ppon
! which was merely Withdrawn for the purpsse CT
testing the Senate upon the proposition Of the Sens
ator from Mississippi. The Senator from TennesN
see Mr.. Bell comes forward With proposition IN
lieu of the original bill, authorizing he Secretary
CT the Interior receive proposals for the consiruc
ton Of three roads from the Atlantic to the Pacific
side of the continent This proposition is so enor
nous it proposes to fix upon the country SO great
IN expenditure, that, situated am, feel called
upon to give some reasons why shall vote against
IT, There are other eOnsi ieratiOns IN connection
with the original bill, aud positions said TO
have been assumed by the party TO which belong,
that l think untenable and unauthorized; hence
shall assign some few reasons, rot consuming much
of the time of the Senate, why shall vote against
the proposition at the present session.
MIR. President, to the extent that have been in
sIuced in the doctrines of the parties Of the coun>
try have been trained in the school of thesstrct
constructiOnists and, according TO my understand
ing of the Constitution of the country, look upon
this measure as being clearly unconstitutional
know, in reference to works Of internal improve
ments TO be constructed by the Federal Government,
it is difficult TO determine where the power of the
Federal Government begins and where it ends. 1t
is somewhat difficult to determine what character
of improvement is clearly within the Constitution,
o., in other words, to determine what particular
character of improvement is national and what is
/ cal. ! know the distinction Is hard to draw in
many instances; fer local works approach national
works 60 closely that the line Of division Is scarcely
within the reach of the human intellect; but there
are some ihings which certain We cannot tell
exactly when the light of day terminates, and the
shs les Of night BEGIN: but We tell when il is
midday when the sun is At his meridian, and when
midnight darkness is upon us. So we can deter
mine the ch sracter of some Of the works af internal
! inn rovement; we tell when they are glaringy
unconstitutional
have been taught, and Il is my settled convic>
ton thstin all questions of doubt, admitting
that it was doubtful question: the constitu-
tonal power Of Congress in reference to internal
improvements, Congress should desist from the ex-
ercise of a doubtful power and before its exercise
Congress should look to the source of all power to
define specially the extent Of the authority to be
exercised by the legislative body. | have also
learaed that in doubtful questions of this kind we
should pursue principle. Mr.. Jefferson laid it
do Kn as a fundamental rule, in all doubtful quos
fbn If
correct principle you can never reach wrong con
Clusion. What is the principle involved here? We
assume, placing it upon the best ground on which
it be placed that it is doubtful power at least
Then, falling back upon The rule laid down by Mr..
Jefferson wn.t is the principle? 1t is TO call upon
the Of all power before you exercise doubt
full authority.
If we continue the course Of exercising doubtful
constitutional powers, the Constitution will, IN
very short time cease, as 1t has in great measure,
already ceasel, to exist. ] confess that l was
somewhat refreshed the other day when the Senator
from Louisiana Mr. Benjamin took up this ques-
ton. really felt graided that the fact, the great
fact that Constitution exists in this country, had
not been altogether lost sight Of and that there was
here and there 9 member Of this body who still
had knowledge Of the existence Of the Consiitu-
ton, and disposed Ito Fecur TO its provisions,
and call the country to their proper exercise.
The Senator from Mississippi, Mr.. Davis, cons
graduated himself upon the Senator from Louis
lana coming over to the schoOls Of the strict con-
slructionisle ; he congratulRtiDg himself upon the
acquisition The Democratic party had made in
receiving the accession Of distinguished an indi
vdIfal TO the doctrines of strict construction Of
the Constitution. Well, sir, | think we may con-
graduate the country on it, | think We may feel
proud Of the acquisition; cut if the same rule laid
down by the Senator, as applied TO the Senator from
Louisiana, be applied to himself, it would seem
that when be is contending for the opposite con
struclion of the Constitution, he is becoming a
little latitudinous, aud he is about TO occupy the
former pcs tion Of the Senator from Louisiana
While | was grRtisd on the one hand to welcome
the Senator Fl ON Louisiana into our ranks IS
strict cOnstTuctOuist, regretted extremely on the
other to lose the Senator from Mississippi by his
going OvEr 10 the riues of the latitudinarians.
The power to Construct this road is placed, by
the friends of the BILL upon that provision of the
Constitution which says that Congress shall have
power to declare war. Because the power is con-
fcrred upon Congress TO declare war, does the in
ference follow that Congress has the night to
declare war unless is necessary and proper to do
so? Does the fact that We have the power to de-
clare war; imply that we must improperly exercise
the power beau It is conferred? Not at all.
But when il says that Congress shall have power
to declare war; the Constitution goes to say that
Congress shall have power TO raise an army. Why?
Admitting that this is express grant, 1t sinks
into aud becomes an incident TO the power to de-
clare war. The raising and maintaining Of armies
necessary incident TO declaration Oh war; Dut
il should be necessary and proper to declare war
first and then TO raise your armies as incident to
declaration of war when made. When you rslse
your armies the Constitution says that all sppro-
pristiOns for their maintenance shall not exist more
than Two years. Why? Because it was looked
upon a dangerous power. In the event Of de-
clsration of war, the Constitution of the country
makes the President of the United States COM
mander of the Army and the Navy; in other words,
it places the sword in the Executive hand, but it
gives Congress the power to control appropriations,
and prohibits Congress from making any appFo |
priations for The support Of the Army beyond two
years.
Now, the question comes up, is it necessary and
proper TO declare war! Is it necessary and proper
TO raise and maintain an army in consequence of |
declaration of war? If Il is not necessary TO ex-
ercise the war power is it Necessary to exercise any
of the incidents that flow from the exercise Of the
war power? In the first place, we assume that 1t |
is OF necessary TO exercise the war power II not /
being necessary to exercise the war power, OF
course il is not necessary to exercise any one Of
the incidents necessary proper TO carry the war
making power into effect. Let me read the pro,
visions of the Constitution On this subject in con
neciioB:
"The Congress shall have power TO declare war"
''to raise and support aimi,s; but no appropri
on Of money to that shall be for longer term than two
militia the laws Of the Union suppress
lions aid reI,el nvSsons
These are all express grants Of power. Then the
Constitution declares, in reference to the enumeI-