Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-10-02

NONDO, VI SOuoIAuC "a udIDOr on tue
Atlantic coast in aid of foreign com
merce, equally proves the power to
build railroad if its construction be
demanded by the general interests of
Interstate commerce.
shall not repeat these arguments,
but proceed to the only constitution
al objection L have ever heard urged
against this power, which is, that
such roads cannot be constructed
without the exercise of the right of
eminent domain, and the United
States cannot exercise this right
within the limits of State.
Time forbds an elaborate discus
sion Of this question, but the general
proposition may be stated, aud tht
authorities cited, which sustain the
power of general government in this
particular
In the first place no one denies that
the United States are an independent
nations land possess the sovereign pow
ers conferred by the national Con-
stitution. The right of eminent doe
main is one Of the attributes of Souer-
eighty, and exist both IN the general
and State governme nts and may be
exercised by either when necessary
to execute any power vested in either
government.
The Constitution of the United
States does not in words confer this
power, nor do / know Of any state
constitution which does. But the
Constitution of the United States,
like all the State Constitutions, rec,
ognlzes the existence of this powe'
as an element of sovereignty. Ar
ticle of amendments TO the CONSTR.
tuition provides that private proper.
~ shall not "be takec for public use
lotb0ut Just compensation. The frs
ten articles Of amendments to the
Constitution are it's Bill Of Rights,
and the provision quoted recognizes
the exlstance Of this power; because
1t would be abSurd to regulate the
exercise Of power which did no.
exist, by saying that private proper
" shall not be taken for public use
without compensation, if it could not
be taken at alt That this provision
regulates the exercise Of this power
by the general government was de.
cided by the Supreme Court in Bar
ron BaltimOre,7 Peters, 250, and has
been repeated in several subsequent
cases.
1t may, however, be said that inso.
much as Congress possesses exclusive
power of legislation over the District
of Columbia this provision was
proper limitation to be placed upon
the exercise of this power in that
District, and, therefore, it ought not
to be constructed as recognizing the
right in the general government to
exercise this power within the linz
its of the State.
But there is Il broader ground up
on which the power Of the general
government to exercise this right
may safely be rested, and one which
applies with full force to its exercise
within the States. The Constitution
confers upon Congress the pc liver "to
establish post Offices md post roads"
and "to regulate commerce among
the several states" The Constitu-
ton itself provides that Congress
shall have power "to make all laws
which shall be necessary and proper
for carrying into execution" the
power conferred by the Constitution
upon the Government. Of the United
States, or any department or office
thereof. And it is an axiom in
American Jurisprudence that the
general government possesses, by in
vendment and implication, all the
powers which are necessary to,enable
the Government to exercise the pow
ers which are expressly granted.
Take the provision in regard to
Post Offices and Post Roads The
Constitution expressly declares that
Congress shall have power to estab>
lish-that is build and construct
Post offices and Post Roads. But
how can this be done in a State un-
friendly to the Union unless the Gov.
eminent can exercise the right of
eminent domain ? Unfriendly State
Legislature might forbid their citi-
zens to convey land to the general
Government for Post Office; or, it's
citizens. beingunfriendly themselves,
might refuse to do so. But inasmuch
as the Government has the undoubt-
ed right to build a Post Office in
every town in any State, aud to that
end land upon which to locate it is
a necessity, it follows that the Gov
ernment must have power TO builo
q Post Office. The same may be said
in regard to Post Roads. Congress
has by express grant power to build
Post Roads. How can this be done
unless the government may take land
upon which to build the road. This
power is therefore absolutely neces
sary to the exercise Of an expressly
delegated power in every State
which is unfriendly to the Union;
and yet the power of the general
government does depend upon the
friendliness or unfriendliness of a
particular State. It's powers are con-
ferred by the Constitution, and are
the same in every State. This mat
ter was carefully considered in Dlckie
dgst. Turnpike Company, Z Dana,
(ky.) lib. The oppInion of the
Court is elaborate aud exhaustive.
and the power of the general govern
ment to exercise the right of eminent
domain within the states, is clearly
demonstrated.
The power to raise armies I'M
doubtedly includes the power TO
build barracks, and this power can
be exercised in an unfriendly COM
munity, by resorting to the right of
eminent domain. So 10 regard to
commerce. 1t is expressly declared
that Congress shall have power to
regulate commerce with foreign ma
tons and among the several States,