The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-02

western portion OF the State. Terminating on lis western
from point about forty iss distant from ST Louis and
having its terminus at the mouth of the Kansas river
and another from Hannibal 10 st Josephs on the Mis-
sour river The right OF way there has been granted
and II you create corporation, authorize corpora
ton created by The State OF Maine or any other Stale 10
construct road within Missouri you impose upon il The
necessity OF granting 10 that company the right of way
nay ST. more. you impose upon that State the necessity
u gianling the right of way upon the precise OF
me charter That may be given by any other State in the
Union AS the bill now stands, the contract for the
whole road from the Mssissppi-ii it shall be located
with It's terminus on the Mississppi-to Pacific will
be under the control OF company TO be incorporated by
some State OF the Union without reference TO the States
through which the road is 10 pass
Now, MIR President, will be readily that IL the
road shall be extended TO the Mississippi through the
State OF Missouri or Arkansas, or il may be OF Iowa,
will require Of them 10 grant the right OF way upon
Just such terms and under such regulations, may be
incorporated in the act OF incorporation creating the
company. II is TO that object, not on any constitu
tional grounds, but because il presents difficulty and
imposes necessity upon the State through which the
road to pass which do not think Congress ought to
impose
But voted for reconsideration OF the amendment also,
because there is clause in II which did not advert
proposedthat is, that the road. without any adequate
provision on the part OF Congress, is committed alone
TO the Stale through which passes had prepared an
amendment obViale that difficulty, and it printed
some two weeks ago and laid on he tables of senators
On Saturday proposed IT, The first clause rejected,
and with j, The others fell | acquiesced because
work shoald be commenced, and would have voted
Tor the bill without any such restriction in il. But
now, when the subject is again before the Senate.
! desire TO say that, in my opinion, adequate provs-
ion can be made for the construction OF the road
upon the plan OF this bill. which will not interfere with
the power and control OF the States in reference TO the
for the condemnation OF those private lands in State
shall propose therefore, il opportunity is afforded
again, the amendment with some notifications, which
had the honor 10 submit before. My proposition is
that II the road is located in Slae-and hope il will
not be. except perhaps Californathe President shall
limit the eastern TERMINUS at the western boundary Of
the States west OF the mississippi But il the road is
TO be extended to the Mississippi river, it becomes i'm
portant, in my Judgment that other provisions be made
therefore propose that the road shall be located in any
State, there shall be appropriated in aid OF lis consruc-
ton in the State the al,e nate sections of land for ten
miles each side of the road with provso that il the
road shall be located upon any route for which land has
already been granted those former grants shall be con-
Quoted according 10 the provisions of this act.
then propose that that road shall conform in gauge
and general construction TO the road which shall be
adopted in the Territories that connects with it; that
shall be subject TO the eighth section of the act which
requires that the transportation OF the troops and proper
~ of the United States shall be free that the President
shall let the construction OF the road within the States to
the company or persons authorized by the State within
which lies TO construct the road This provision will
leave to the State TO grant the right OF way to impose
the upon which il shall be granted, and the mode
in which private property shall be taken for the OF
this road, and not leave H. the bill now leaves it,
pusoy upon the States to accept just such terms as
Maine, Massachusetts, or Delaware. or any other State
tina, shall incorporate the company, shall prescribe
Mi. BELL. The States must now give Their consent
in advance, according 10 the provisions OF this bill
Mr.. GEYER The senator from Tennessee reminds
me that the States TO give their consent in advance
Why sir they give their consent before the act of
incorporation is passed by the legislature OF another
State they to give II before The location is made.
The senator says he does understand IT, Then,
sir, inquire how the President locate the road
less he has the previous consent Of the State How
the President know whether the road be constructed
IA ia h.
obtained in advance
Mr., BELL. II does not require him to know it at all.
Mr.. GE4ER II il please the honorable senator, the
first section OF the act made upon The condition that
the States shall accede and the whole bill proceeds upon
the idea that the assent IS 10 be obtained As the bill
originally stood. with the thirteenth section in II as
amended my motion, they would have understood that
the corporation was only created with certain powers
within the Territories, and they then might have pre-
scnbed Their own terms within their own limits But
how they do not know that The contract is 10 be lei
TO any corporation that may be created by any State
and il is against that that wish 10 guard. have
objection TO that provision il il is provided also that
within the States through which the road shall be made
the power Of the States shall be left free, and that they
shall not have imposed upon them the necessity OF
quescing in any act OF incorporation that may be made
BY any other State wish also for another reason,
and that is that the President shall not be embarrassed
in the selection OF the route that he may understand
with whom he is to contract and there be no OBJ
stacle TO grant the power by State, the road shall be
located through II.
These my objections TO the bill it stands.
f1du leinAineu WIN
that the act OF incorporation should extend only TO the
Territories, when it would be company incorporated BY
Congress, with It's known limitations, 10 afford The
States opportunity OF Judging what those powers were,
should have been ready TO vote for the bill without the
amendment of the senator from Illinois, without any
further amendment the subject, although my
opinion from the beginning that ought TO provide
separately for the construction OF the road in the States
and II there be any difficulty about Texas the road
located there should have hesitation whatever in
making provision for that also But will be observed
that the whole amount Of money which remains for the
construction OF the road through the Territories will
main uader the control OF this company, when they shall
have constructed the road for the distance which allows
any payment TO be made Now, Mr. President 1t makes
the State through which the road goes, or whether is
expended IN the Territories, except ,hsthat for the DIS
lance that the road may through any State there will
be apportlonment, and the company that undertakes
the road will be obliged to construct IL through the State
upon its means, and means which are furnished by
the public lands, where there are such.
The bill, II amended as proposed, would be this; IL
lars and the alternate sections for twelve miles in width
on each side OF the road, to make the road through the
Territories from point TO point under the contract and
II IL will through Texas, Texas has only 10 give her
consent, and still the lands will be appropriated to The
object she has only then 10 grant the right OF way
through the State upon her TERMS and 10 regulate
The IN which private property, i there be any
should prevail, it may have another effect by making
distinct appropriation for the States OF the whole amount
Of money-the maximum twenty millions-and twelve
sectons OF land for each mile of the road IL being the
maximum-H there be competition, il may be reduced be-
low that amount And In the States, according TO the
amendment which intend to submit, the United States
will be ndemnhed for at least three hhs OF the land
~fuf, h.