ous and unhappy consequences. Many such instances might be adduced
if this were the proper occasion. Neither is it necessary for the public
service to strain the language of the Constitution, because all the
great and useful powers required for a successful administration of
the Government, both in peace and in war, have been granted, either
in express terms or by the plainest implication.
Whilst deeply convinced of these truths, I yet consider it clear that
under the war-making power Congress may appropriate money toward the
construction of a military road when this is absolutely necessary for
the defense of any State or Territory of the Union against foreign
invasion. Under the Constitution Congress has power "to declare war,"
"to raise and support armies," "to provide and maintain a navy," and to
call forth the militia to "repel invasions." Thus endowed, in an ample
manner, with the war-making power, the corresponding duty is required
that "the United States shall protect each of them [the States] against
invasion." Now, how is it possible to afford this protection to
California and our Pacific possessions except by means of a military
road through the Territories of the United States, over which men and
munitions of war may be speedily transported from the Atlantic States to
meet and to repel the invader? In the event of a war with a naval power
much stronger than our own we should then have no other available
access to the Pacific Coast, because such a power would instantly close
the route across the isthmus of Central America. It is impossible to
conceive that whilst the Constitution has expressly required Congress
to defend all the States it should yet deny to them, by any fair
construction, the only possible means by which one of these States can
be defended. Besides, the Government, ever since its origin, has been in
the constant practice of constructing military roads. It might also be
wise to consider whether the love for the Union which now animates our
fellow-citizens on the Pacific Coast may not be impaired by our neglect
or refusal to provide for them, in their remote and isolated condition,
the only means by which the power of the States on this side of the
Rocky Mountains can reach them in sufficient time to "protect" them
"against invasion." I forbear for the present from expressing an opinion
as to the wisest and most economical mode in which the Government can
lend its aid in accomplishing this great
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