New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-19

RsIroad Bill not being present Mr. BozIaSp took tn.
opportunity 70 express ~ views or the subject OF RAJ
read BILE and particularly with respect 70 the b grant
ING land 10 the State Of Arkansas Tor railroads which
Wa Passed some weeks ago, while he was absent
Messrs. SEBASTIAN and BoRLASD made ex
piansiions a. TO the Arkansas Railroad bil
Mr. COOPER spoke for over en- hour IN oppo-
s;ion 10 the bi md in favor OF Mr. Brodheads saost
tute vch strikes 81 after the enscting clause aad
inserts provisions for preliminary survey and explra
ton country. viii view 70 asceranng the mos;
practicable route for tbeiconstr1eon Of the Road.
MIR. DoDGE, OF Iowa, and Mr.. GErER sup
ported the bill
Messrs. SoULE and BRADBURY said they
would vote against the substitute but not thereby
to be regarded friendly TO the b as il stood
Mr. BRoDHEAD's substitute was rejected
Yeas g. Nays Gas follows:
yEls-Mesrs- ADAM, Bsysrd, Bright Brodheaa. Brter.
VIE Fit1psi1eL. Fo6ts, Hun.sr Mssoa Morton N5rrs
Pesrce Petit, Phelps, Toucey. ami Walker.
bury Brooke Cass CIsrIe Davis Dodr. Of Iowa Doug
es DoVnes, Feeh, Pish Geyer. Gwin. HAmn, Houston,
Jones Of Iowa Jones Of Tenn Mangum; Miiler, Pratt
Sumner, Underwood Wade and Weller.
Mr. BUTLER moved al adjournment. Lost.
Mr. MAsoS addressed the Senate in earnest
opposition the bin He said the Constitution made
Congress the e le depository Of legislative power and
hsd night delegate TO an irresponsible executive
he considered a rspe on the COnsttutIon OF the
United States 10 wresi hat power from Congress and
vest in the Executive He examined other provsions
OF the oil and held them to be entirely unconstitutional
II THE bill became law necd fear Of being ex
eluced by the Democratic party, for then there would
be 10 parties in this country the one in power aud
the one in opposition The only element and principle
Of party then would be the power Of gold Toe Const
tuition would be gone. The Government wi become
one OF unlimited power, and charged with unlimited
control ofthe public money
Mr.. PRATv followed in reply cOntending that
there was constitutional obiigstou on the Federal
tn ifsaH no
several States 10 enable IL in OF foreign war TO
defend each ofthem road 10 California was inlispen
sadly necessary 10 the protection OF California aud
there express constitutional obligation to con
construct the road.
Mr. Mason moved 70 refer the bill to the
Committee on Roads and Canals.
Mr. RUsK said that, by failure Of Congress
TO discharge It's constitutional duty Of protecting the
people of the frontier Territories and California aheayy
tax OF $500 was laid on every man gong or comingrom
that State This hi repealed that tax. and Afforded
means Of protecting the people OF those Territories end
thar State
Mr.. SOUIE asked what would be the condition
Of this law If the next President should say that he did
not find In the Constitution any authority for the exer
else of the duties BY him which this bill imposed.
Mr.. BELL said he would find that il was his
duty 10 execute the laws of the United States
Mr.. RUsK said that the constitutionality Of
this law would have to be decdedupon Of every other
law.
ne QutsilOu WIS ldhtu uH tue DiOtiOu w TO-
commit the bin and lost-Yess IS Nays 33-as follows:
YEas-Adams Bayard. Bright Brodhesd. Butler. Chirl-
ton Cooper Dawson, De ssussure FIupsfriek. Hunter
EsYs-Atchison. Badger. Bell. Borland, Brooke. Cas-
Chase. Clarke, Dodge Via Dodge, Iowa. Douglas Downs,
Fish Foot Geyer Gwin Hsmlin, Houston. Jones Iowa;
Jones, Tenn Miller, Pratt Rusk, Sebastian Seward,
Wsner Weller.
Mr. PRArT moved amendments providing
that the costract should require the work to be con-
sucted for the sum appropriated IN this bill, and that
tie Corporation should not have banking powers
Agreed 20.
Mr.. WELLER moved TO strike out the thir-
teerth srciion. which IL in these words:
Ind be nenaeed That for the purposes OF this act the
contractors their assooses and successors are hereby
ated and constituted body polite and corporate by the
name Of the Pacific Railroad and Telegraph Company, by
which name they may and b. sued plead and be i'm
pleaded and have and enjoy all proper remedies at law aud
deem Necessary, and have and a common seal They
may also open Looks and issue certificates Of stock and per
ions herein contained Provided however that he proys
ions this shall have force effect whatever within
the limits Of State without the consent 81 the Legss
tuie Of said State previously had and obtained7
Mr.. CAss said he would never vote for the
bill with that section IT. He did not believe Congress
had any power to create Corporation within the
States and not having the power, no consent by the
State could be given.
Mr. UspERwooD said If that section be strick-
en- out the inducements 10 private individuals 70 engage
In the work would be gone.
Mr.. RusK said he could show former legisla-
lion. wherein the came poWe exercised.
Mr.. CAss said he was not bound by any pre-
vous legislation bank of the United States had been
established, but he not therefore bound 10 admit
that the power existed 10 charter IL.
Mr.. ToUcEY commenced at quarter to B
O'Clock 10 speak IN favor of striking the section out but
becoming too III to speak was unable to proceed.
Mr. soULE moved an adjournment Lost
Yeas, . Nays, 81.
Mr.. ToUcEr said he felt too unwell to pro-
coed, but as Mr. sou6 wied H. be would cndeayor 10
do 20.
Several Senators appealed to the majority not
10 force the Senator to SO ON.
Mr.. UNDERWOOD said he would not consent
to compel the gentleman speak tonight, and moved
TO adjourn.
Much confusion prevailed, and the motion
was agreed to-Yeas 30; Nays, u.s. and at ten minutes
past 5 clock, the Senate adjourned.