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

more difficult TO pass, and another campaign
where the cost Of transportation would exceed
that of putting down tile Mormon rebellion.
In time of war, it is provided in this subSti-
tutc, that the cost Of transportation on this
roal shall not exceed that which is paid OH
existing routes in time Of peace. Thus We
get the advantage Of uniform standard, pay
ing no more in peace than we do how If we
transport on this road paying no more in war
than wc now I,ay in l,racc.
These are the main advantages which VIC
offtr as balancing the amount which it is pro-
posed to advance In this state Of the case.
however, am M by tic question, have We
the con- titnti0nal ppwtry II we have not tia
constitutional power, then have argued for a
necessity military aud political argued for adj =
vantages in Icace and in war wholly to uu
purpose. If the constitution does not conf r
the power, there is an end Of the question: -
II Is necessary, therefore, 10 meet that point
before entering into any discussion as to the
routes.
! The substitute which propose is confined
to the Territories. know it has been argued
here that there is no difference between Il State
and Tcriitnry. hold to the other dnctiinc.
| hold that State is sovereign within its linn
its; that the power Of the General Govern
ment to enter with an artificial personal
railroad corporation for instance tile limits
uf u State, dors not exist MS constitutional
right, and cannot be derived from the consent
"f thc State. When said the other day, that
the Fcdcra Government had no power to
create corporation, my worthy and intel!i
gent friend from Rhode Island Mr.. Simmons !
recalled me, in the course Of Ills remarks tU
the tuct that General jackson had once said lac
could have given the form of bill for bank
which would Nave been free from the cOnSlitu-
tional OIj jcctiOnS TO that to which he applied
his veto. Thence he argued that General
Jackson had admitted the power Of the Fcdc-
lal Government To create u corporation which
could enter State. know there has been
much speculation aS to what General Jackson
meant. rather think nobody knows exactly
what he did mean but it is not necessary
consequence Of that position Of his that he
meant corporation with power to enter the
limits Of IA State. There are other means by
which II bank nfeXchangc might be established.
The Federal Government might establish a
corporation in the District Of Columbia, with
authority to connect itself with corporations
! existing in the STATE, and bank Of exchange
might Thus be- established all over the United
States. do not know what his plan was
derived is not one justified by the premises.
! Ills plan was not given, and he merely said
that it might be free from the constitutional
objections Of the plan to which hc attached
his veto.
Within the Territories hold our relations
to b. different. The United States have dc
rived territory either by cc>siOn from the
States, or by acquisition as u Government,
and they have, us consequence OF the grants
OF the Constitution, the authority to do in that
territory whatever is within the power Of the
Federal Government They cannot do all
which u State could have done over the terri
tory before the State ccded it, because the
State was sovereign: the Federal Govern.
mcnt has only those powers " hich have been
delegated to it. All those powers it may eX-
CrCisc upon territory when it derives il either
by cesSion from u State or by requirement
from any other sovereign Power, receiving
by the dcrd Of ccSsion, by the sale, or 10y all
nexation, whatever power it was competent
for the Federal Government to receive and
execute. All else remains III other dep0SitOr-
les not rendering it pu>siblc TO exercise it un-
Ill the people inhaLiting the territory shall
become IA State. Then they will be invcstc Il
with all the sovereign power which the S'att S
IN the mass received, but could not USE ut the
date Of the ccSslon, annexation, conquest, or
purchase. Within the Territory, We lind that
from the foundation Of the Government, the
United State Government have always eXer-
ciSed the power TO construct roads, to eStab-
lish corporation, being the corporation Ot u
territorial government Itself TO suppUrtit, pay
ing lis Governor and Its Council, or when it
rose To the higher grade, paying its LcgiSla-
turr, thus exercising ali the powers WitlIi..
the Territory which belongs to those who
hold it in trust under u specific authority.
IL the view which has been taken Ot this
subject from the foundation Of the Government
be correct, (and it Is hardly ne ,dful for me at
this day to vlndcate it,) there is power in the
Federal Government to appropriate money for
the construction Ol II road Within u Territory;
not an absolute unlimited power, because ~ e.
~ power which the Government holds is iuI
some object enumerated in the Constitution.
fhc power To appropriate for the construction
OF the military road within the Territory Inns
been SO long admitted, 80 uniformly acted
upOn-at the last session, aud no dOuOt may
bc acted upon thiS-that it is hardly necdiul
tor mc to argue it now.
But it is said ou cannnt construct railroad
though you can construct any other character
Vi military road. Ii gentlemen had said this
Government could not administer railroad, ,
they would have been putting th,msclv, :
somewhat upon the ground taken by Mr..
Monroe, when lic vetoed the Cumberland road
bill upon the ground that We could not erect
tUll'gatcs Witnln State. II they had said
we could hot establish corporation and go
on To administer u railway, | should grant
there was force in the objection, aud should
have admitted that entertained the sulnc dit
ticuity, that | reached the samu conclusion
but the construction Of II Ioad, whether it be
OF dirt, stone, Or Of iron, must belong to the
sumo general power Of tho Government, an,i
II II exists for one, 1t must exist for tho other
aud for ALL
Having asserted, as believe, tho power,
it only remains Tor me to say that was very
happy to discover in the course Of my cXaui
nation thai it was not required that the Gen.
crai Government should build this road out
ot the pubic Treasury; that it need only con
tribute III proportion to the interest it had IN
comparison With others in the construction UI
the road; aud it is this commercial connection, H.,
this connection with the interests Otthr cuun-
try, which has hj,ctrd the proposition to
the criticism that the rOad was to be built for
commercial and not military purposes. Ii to
bc built Tor commercial purposes, It has been
asked, why was the distinction drawn b, tween
u contribution IN part and cont Tuition III
the whole! 1t was because il was 10 bo butt {
tor specially enumerated purposes, and because
those purposes were set down ut certain
value; and, finally, by comparison the amount
fairly chargcable to each wus eliminated, and
thu residum alone is contained either in the
original hill ar in thn cnhS Stitnt,. M nu,, H.