Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-02-15
tied powers, tha. Congress shah have authority

In the FIRST place it is not necessary to declare
war; it is not necessary now 10 exercise the war
poser It not being necessary 10 exerese any enc.
OF these powers az the present time, it is not
sary and proper to construct the Panife railroad
an incident to carry into effect the war power. when
It iE net necessary to exercise it The President Of
the United States says this subject, in his late
annual message;
'Nht aiseaining all authority appropriate money for
the construction Of th road the Pacific road except tat
important collateral considerations urging rs to undertake the
work as speedily as possible"
The President himself then disolsims ell pOver
the part of the Federal Government TO make this
road unless il is under the power; but he says
shere are other reasons Why this road should be
made. Now, let me ask every man who Is strict
conslrRetionst and is willing to abide BY the spirit
ss we'll as the letter Of the Constitution if you re-
strict this measure to the war power, and the Prel
dent Of the United States disoaims the power to
exist anywhere else, is it necessary and proper now
to construct railroad that is tOeOst $500 600 Geo
in order 10 carry out the war making power of the
Constitution? What great emergency is upon the
country? What great exigency exists! Why IS It
necessary TO exPend two or six, or eight hundred
million dollars IN the construction Of road that
Is not essential to carry out the war making power?
cannot consent, that because the road will be
convenience in the event OF war, for carrying
troops and munitions of var and all that petaias 10
AN army, have therefore the power to construct
appropriate ianu anu money 10 secure lt9
construction his bill provides, and thea give il
to the Territories through which the road may pass
when they become States ii we al do it why msy
We DOi begin at Maine on our extreme northeastern
boundary and construct line of railroad to Boston,
aud from Boston 10 New York, and from New
Yok to Phil4dephis, and from Philadelphisto B4lt-
more, and from Baltimore 10 Washington, and from
Washington to Richmond, and from Richmond to
Lynehburg, and from Lybchburg to Knoxville, and
from Knoxville TO Chattanooga, and from Chsita,
no)ga to Memphis, aud themes to Little Rock in
Arksnsas, o direct connection over line tch
isg through the o)uatry? Would not sneh a lice
of road be just as much war MEASURE. ard be just
as necessary aud AID proper as ~ exerei ,s of the
power, 90 il is 10 construct road from here
the Pacific ocean? Ii we have the power in the
to trust q road from Little Rock or am
place the western boundary CT Missouri, or any
other point, to the Pacific ocean, and pay out mo-
Hey and public lands for IT, is it not just as consi
uiionai is it not just necessary and proper for
the Government to come forward and relieve these
States who are now grOshDg under the heavy debts
that they have contracted tor the construction of
the roads | have mentioned? Can it not just as
well dc that as continue these roads to the Pacific
and surrender the line TO the States through which
it may be constructed? If we can make the roal
and surrender it in the case, we oau appro
pirate for one that is already constructed in the
other.
shall not undertake On this occanion to give
Euy l6aT0eI ulsQutSulCn on the CONSTITUTION:
claim to understand it for myself | shall exer-
else my privileges here according to my understand
ing Of the Constitution of the country. | do not
think the Constitution authorizes the eonslruc>
tiOn Of this road by the Federal Government
II, however, We now construct this road as q war
measure let me ask, after the road is constructed
what defense have you given to California by it
That appears TO be the great object in view aad
the idea is kept before the Senate and the country
that Pacific coast is il great danger, and that
those of citizens who have emgrated there will
never be in u condition to protect themselves. 1t
is said We must have road by which IN en-, NUM-
tons Of war, and ali these things necessary to the
defense of free people can be taken to California
Is there galantry, is there patriotism is there
no love Of country aad the Uuion in the State of
California as in the other States? 1 should think
there was some there we'll as here. / would not
do that people injustice. / bslieve California is
competent to defend herself Give her the same
means, the same iDslrumentalities that are exer-
cised by the other States and California will de-
fend herself
But suppose the road was constructed to Ca!ifor-
mia great danger it is said lies in appreh end
ed de cents from some great maritime power. Some
foreign power is TO attack Pacific coast, and
therefore railroad is necessary to its defense.
Suppose your road was constructed TO day, would
it protect Cafornis frem any maritime power? What
would protect her from British, er o French, or
any other feet that might be prepared to make q
-
structed, you must have forts, you must have har-
bors, you must have srsenGls you must have dock
yards, or elsesyOu have no defense But suppose
you pass to the other end of the line, and, wihout
The road, construct forts aud arsenals and Dock
yards on the Pa5ifo coast as you have do.e on the
Atlantic; are not the people Of California cons
petent to defend themselves as we are BY the
time we construct this road, which will not be less
than twenty five or perhaps much greater num-
Der Of years, they will be more competent to defend
themselves against any foreign expressions than
were when we succeeded in achieving the independ-
ence that VIC now enjoy.
1t is not necessary it is not proper to carry into
effect any one of the expressly granted powers in
the Constitution If they need forts, il they need
arsenals, if they need doek-ysrds, coming within
the meaning and perview of the Constitution, as it
has been acted on again and 2gsin, give them to
California. The Senator from Rhode Island Mr
Simmons stated the other day that, if army of
thirIy-hye thOusaI men were placed CT the Poetic
coast, and they had to be supplied by means of this
road from the Atlantic States, it would cost
one hundred million dollars per annum TO sustain
them. Then We should expend much larger sum
per for sustaining that force than your whole
War Department cost, going upon the idea that Cali
fornia and the Pacific coast never to be in
condition to defend themselves. l think the time
will come and long before this railroad is complies
ted, when, oh the other side CT the mountains, on
the great slope that leads to the Pacific coast, the
people there will know how to make cannon as well
a We do here; they will know how to manufacture
powder, ball, and all other implements Lecessary
aud proper for people to carry war success
fully. Ne an to go on the idea, in making srgu-
ments for this road, thai they never to be
petent there to the construction Of any Of the i'm
PIGMENTS necessary to carrying on a war.
The President disclsims the power existing in the
Constitution unless it is derived from the war pow
er. This is an honest difference Of opinion. l do
not believe it can be derived from that power.
how haap 9TH uho clain ha
arising from the power in the Constitution TO
regulate commerce | do not think that provision
in the Constitution which provides for the regula
tion of cammerce, confers power on Congress to
create commerce. Some derive the power from that
provision of the Constitution which authorizes Con-
gress to establish posi- offices and post roads do
not believe the language employed in the COnstitu-
ton to be meant. The debates Of the convention
do not show that Congress was to make and con-
siruct roads through the country. 1t meant,
think, simply and plainly, that where there were
lines Of communication, Congress might establish
them as the governmental channels through which
communications of this kind might 60, but not to
construct roads. They may establish and recognize
them as post roads, but not construct them.
1t seems, from the multifarious views taken Of
the constitutional power to pass this measure by its
friends that it has no specific definite location.
1t is a kind of migratory power that is wandering
about in the Constitution, seeking some place 10
make location. Then l come back to the text
that started with: placing it upon thu best ground
possible, it is doubtful question; and being
doubtful question, l. as a Democrat, fs7Oring
stri NJ he Constifution