Whilst deeply convinced of these truths, I yet consider it clear that, under the war-making power, Congress may appropriate money towards the construction of a military road, when this is absolutely necessary for the defence 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 and necessary work. I believe that many of the difficulties in the way, which now appear formidable, will, in a great degree, vanish as soon as the nearest and best route shall have been satisfactorily ascertained.