The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-07-16
CONGRESSIONAL
DEFERRED DEB ATE.

TUESDAY. JULY 10. 1852.

n The consideration OF the bill for the otection Of the
emgTant route to The Pacific, which had under
sidefaon last Thursday and which was then postponed
until 10 day. II Is Senate bill No 800. tlaA
The question being then taken the motion agreed
10, and the Senate 10 committee OF the whole, pro
ceeded 10 consider Senate bill No 395-being bi Tor
the protection OF The emigant route, and telegraphie
line and Tor an overland mail between the Missouri
river and the settlements in California and Oregon "
which read
Mr. DOUGLAS | win now offer an amendment, 10
the sixth section OF the bill TO obvale objection which
made the other day. that as the section now stands
il might be considered establishing monopoly 80 far
permitting telegraphic line TO be established along
TINS route lmove, 10 the second line oi this section TO
strike out after the word UReilly the words /" and
such persons he sal associate with him., and insert
the swords and any other person or persons who shall
desire 10 do So" The section viii then read I. ...s
'rnst Heny O'Rsiy, and any other person persons
who may desire do hereby aphoaz y, ~ their ow'
expense, establish operats lines telegraph
alion public domain along said and
ude the Of said military postsand stations, sub
ject 70 s.cn regulations and codlt,ons shall he pre-
scrbed by the Preden; ring the period OF three
yeats shall be permitted TO ue the military posts and sta
tions as teleafaphc stations Tree OF charse
Mr. CHASE, If can have the attention OF the sena.
tor from Illinois Nh. DouCLAs] Tor moment, would
suggest 70 HIM thai perhaps would be expedlent
the Uhed States the discretionary power to grant the
right 10 establish such teegraphic company 10 such
persons as he deem expedient may mol be known
the honorable senator and pei haps not TO other mem
bers of this body that the right TO tie OF the tee
graph ia involved at this lime in serious coniro-
versy There are three modes OF ieiegrapang 10 com,
mon use viz: the House printing Telegraph, the Bans
chemical Telegraph, and The Morse electro, tee
graph Mr. OReiIly, am aware, has bad the control Of
d sss adfs o. Morse aad hs q M
cales control the electro magnetic telegraph and be-
ieve, though am not quite certain ol that, that Mr
House and his associates control the printing telegraph
| am not prepared to say which of these modes OF
eegraphng il best adapted 10 the objects contemplated by
this bill But il that all OF those modes are in
voved in controversy, and neither OF them at the present
moment has the sanction OF all the courts, so lar as the
decision OF The validity OF their patents concerned All
of them patented Instruments and therefore It must
be very clear that We should not be IN hurry to grant
any exclusive right 10 any individual, whatever may
be his relations 10 any particular mode OF teegraphng
would therefore propose, and hope that VIII meel
the concurrence OF my friend from Illinois, MIR DOUG
LAST 10 amend this section by striking out all from The
enacng clause 10 The word authorized" inclusive, IN
the third line, which reads, that Henry OReily,
aud such persons he shall associate with HIM, are
hereby au,hotized &c, and insert IN lieu thereof the
words that The President OF the United Slaes be, and
is hereby authorized 10 grant 10 such person or persons,
upon such terms as he may deem eKpedient, The right
II will then read, That the President OF the United
States be- and hereby authorized TO grant to such pei
son persons, upon such terms he may deem expe.
dent. The right their expense to establish and
operate lines OF telegraphc communication the pub
lie domain along said roules &c. which will be giving
10 the pres,drnt all the authority necessary TO obviae
these difficulties, .t 4..-
CHAsEl istIeadly 10 the object which we have IN view
Now, will state to him that inserted the name o MI.
0Reiiy in this bill merely because he had pettoned
Congress for permission 10 establish teegaphic line
from The Mlssisslppryer TO the Pacific ocean. lie only
asked permission 10 set up the posts support hs iee
graphic wires upon our public lands presumed this
permission would denied any citizen OF The United
States who desired establish this elegraphc commu
nieaiion But al the suggestion OF The senator from
Texas tMr. RUsK, chose TO alter the provision so as
TO make IL read, that Mr., ORey, or any other person
PERSONS hereby authorized &c This provision, ~
The language which now propose to embrace 70 H.
gives the privilege 10 Mr. URely, Mr Morse, MIR BAN,
Mriouse or any other person that has patent or may
procure the privileges oil patent, the right 10 establish
line OF telegraph along these routes ! presume there
bp IN win he
who desires i But would not be willing TO give TO
the President OF the United States the privilege Of desg
mailing the man men who shall have the right 10 esab
sh this line OF Telegraph, and conbning y to hum or
them, because that would be authorizing the President
by law TO establish monopoly Butit we give 10 every
person the right TO establish line OF telegraph aeross
your public domain there is no monopoly established
and II more Than individual chooses 10 establish such
line, The competition will be beneficial instead OF niu-
fious, TO the public.
AS the different kinds Of elegraph-as TO what pat
ent shall be used-l not certain but that that matter
will be subject the control OF the President oil the Uni
led STATES by the provisions OF this bill IL says, further
along in this section, that the teegraphc line shall be
established, subject TO such regulations and conditions
shall be prescribed by the President" &c.
Now. my object IN inserting that clause was, that The
President OF The United States should require elegrapbe
stations 10 be established such points the public
eresis might require For instance, IL would be very
important in military operations upon many accounts,
10 have elegraphic station at Fort Larame--perhaps
one at Fort kearny, some other point wished 10
give me President power to require any company that
should undertake TO establish this teegraphc ine TO have
stations al such points as the public interest should re-
quire. IN order TO facilitate the transmission OF ine
genee 10 and IRON army, for such other purposes
as should be deemed necessary and expedleni.
think, therefore, that, with the amendment which
have proposed, this section is free from all objections,
and accompanies all the objects which the senator from
Ohio MT CHAsE1 10 desire, without being liable
the charge thai authorize. the President establish
monopoly by giving this privilege 10 man or COM
pany oil men, and Withholding II from another
Mr.. CHASE. The bill as il now stands, | think, ia
liable 10 the very objection which the senator from -
nois Mr. DoUcLAs urges against the amendment which
| have submitted. No man, 1 apprehend, who knows
anything OF the character OF the eegaphc enterprise in
this country imagnes that great extent OF
territory more than a single line OF telegraph be
stretched or course, If you give the authority 10 any
body in particular, you give exclusive authorlyhai
clear The question then recurs, What u the best
mode Of coDfefriug this authority II you confer IL
upon single individual and those whom he may choose
10 associate with him. those who may choose 70 asso'
cate themselves with him, you necessarily limit II TO one
OF these nodes ol telegmphng.
Mr.. DOUGLAS. VIII the senator allow me 10 make
one suggestion Suppose that strike out the name OF
Henry OReilly entirely and let Il read, THAT any person
otpesons who may choose 70 do 90 are hereby aohor
zed al their own expense to establish and operate lines
along said drouies"-w that meet his views will mod.
liy my amendment in that way. The name OF Henry
Okeiy was inserted merely because be bad peiiioned
lo me privilege Of establishing this telegrapbic line
Ht ShASE will accede very cbeerfnly TO That
susgesnon wish 10 have 1t understood, however, that
Whle am destrous that this matter shall be ieit open,
ana WINE should prefer that should be lett TO the ds'
ceoh OF lhe President OF The United States TO make Tins
CONTRACT upon such enns he think proper, YET