The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-06

oDal road, your Cumberland road, which was designed
10 connect the East with what was then the lar West
first sanc TONED by Mr. Jefferson, and was approved
by all your democratic Presidents, And yet new light
has sprung up among us in The startling discovery that
there no constitutional power 10 do that which all oil
these apostles oil democracy have sanctioned. do not
propose 10 enter into discussion OF The constitutional
power OF Congress 10 carry on this work | ann only
claiming that this is great national work, important in
commercial, political, in military point of view,
and is ndspensaby necessary TO the security and pema
nence OF our government II you desire to do away
with that feeling which is likely TO spring up upon your
froners-iha feeling OF dissatisfaction towards the fed
eral goyernmentyou must take and bind them more
closely 10 you by interest and by feeling.
Now, il my friend from Delaware is prepared 10 enter
into this discnssion and will show that this bill es-
taklishes acoporaon which will be dangerous TO this
country, shall be compelled togo with him against
this measure. Ii he do 50, | ask him 10 point II
to me- My friend from South Carolina [Mr. Bur
LER,l doubt not, can show me corporation IN lhis
bill at all events, he will be able 10 discover something
in it which violates the constitution. Now. beg him to
remember that | too belong 10 the stfict-consrucilon
school OF politicians that hold The federal government
to the exercise OF those powers alone which are gwen TO
by The constitutions leaving to the States themselves an
powers not thus delegated. And II he can show me
that this is unconstitutional in It's operation, OF
course must yield, and gowih h7tn against IT, II he
show that il violates that construction which has
been given by the democratic party TO the constitutional
will 20 against this bill But till then, till we are salts.
fled OF these facts, the great Importance OF this work VIII
induce me 10 give It my support ! am welded TO no
particular scheme, TO particular measure II is a
matter OF no sort OF Importance to me what plan may be
adopted IL only be prat cable one-one which can be
executed within the shortest possible time
Now, ask my friend from Delaware to make good
his assertion OF yesterday aud show this Senate this dan
gerons corporation OF which he has spoken
Mr.. COOPER obtained the floor, but gave way TO
Mr.. BAYARD. who said With the permission OF my
friend from Pennsy yvana, Mr. CoopER,l will read to
the senator from California Mr. WELLER single sec
ton of this act 1t is my purpose TO make argu-
ment upon this subject The honorable senator from
California says that there is nothing in this act designed
TO create acorporaton Now sir, understand that this
bill does contemplate the establishment of corporation
for the purpose OF constructing this worka corporation
not only for the construction OF this road but tor its sub
sequent management.
Mr.. BUTLER And the enjoyment of the profits,
Mr.. BAYARD The frs. section OF this bill provides
that The President shall this work TO be construct
ed as soon practicable. The third section provides
for certain aids from the general government in the shape
OF stocks and lands TO aid IN the construction OF this
work The hith section requires the President, after
six months advertisement in the public papers, TO enter
into contract with the lowest bidder for the
on of This road. What road! Why, the entire road
to the Pacific ocean. Then come 10 the 18th section
which is in the following words
SEC 10 4lnd bs it further enacted That, for the pur-
poses OF this the contractors teir and
hereby created and constituted body polite
aud corporate by the OF The Pacific Railroad and
Telegraph Company" by which name they may and
be sued plead and be and have and enjoy all
proper remedies law and in equity may organize and
elect such officers they may deem necessary, and have
and use common seal they may also open books and
say carry effect the provisions herein conta
Proptded hoDsr That the provisions Of this act shall have
force effect whatever within the limits OF State
without the OF the Legislature OF said State pre-
viousiy had and Obtained"
That last clause is necessary in regard TO this whole
ac for cannot 90 inl5 effect any State without the
consent OF the legislature thereof and steps be
taken without that consent. The contractors here
made body polica great corporation extending along
the whole line Of the road for The purpose Of construct
ing and, further, look al the ninth section OF this prop
oson, and you will find that il refers in express terms
10 the existence OF company for the construction oil this
road Ii rights TO that company, aud provides
that the government may, after the lapse OF thirty years
from the ne OF the completion OF this road take II out
OF the power OF this company, providing II pays them
the cost OF constructing it, and 10 per cent profit upon
their Investments Now, II this measure does not con-
template the creation OF corporaondoes not contem
plate the construction OF this road by means of great cor.
poration which IS only 10 avery niied extent within
the control OF the Congress OF the United Sates,hen
confess that DO not understand the meaning OF the
language employed IN this bill.
MIR COOPER. Mr. President, as have made up my
mind 10 vote against this measure feel called upon TO
state the reasons upon which my determination is based
am not opposed Mr. President, 10 the construction oil
the road nieBded 10 unite the two great the
contrary am in favor OF some great ihoroughare OF The
kind 10 be constructed al some proper points between The
Eas, and West believe, sir, that the construction OF
such road is necessary in order 10 the maintenance OF
our position as naton, or at least IN order thai we may
derive all the legitimate advantages which may
from the construction oil such road and which only
be acquired by the construction OF such road Neither
am opposed TO the route tba, presume would be select
ed under the bill have preference except tina, such
route may be selected as will be the most practicable
and as will bes, subserve the great purposes which
have IN view. And | think. from hat have learned
upon the subject, that the route, wherever II shall be
selected, will be some route in latitude far south OF
this, for il is perfectly apparen think, 10 every
who has reflected upon tue subject at all that il would
be impIactcable TO make road TO the Pacific by any
northern route. II - known 10 all that the passes in
the Rocky mountains, II they otherwise practicable
blocked up for SIX, perhaps eight months Ia the
year by SHOWS sometimes from fifty TO sixty feet IN
depth route, therefore. by which this obstacle would
be avoided will be necessary and from the Information
which possess, presume that I'll Paso. or It's vicinity,
will afford the most practicable route. In that latitude
no obstruction from continuous chains OF mountains
would be with Toe character Oh the country there
is peculiar. There elevations or hills, bat there
unbroken continuous chains. There valleys be-
tween them, through which road might pass, without
the difficulty OF mpracucable very heavy grades.
therefore look 10 the southern route the 10 be
adopted whenever a road is 10 be constructed.
But, SIR, although am IN favor OF road, Al does seem
10 that, enterprise OF such magnitude this,
should embark without having clearly asceained
that the object in contemplation ~ Practicable one II
s not enough that intelligent and sktu engineers have
expressed belief that railroad ls practicable from the
Mississippi to the Pacific ocean but before we embark
such enterprise, repeat that we ought TO ascertain
beyond doubt, by practical observations and reconHos
ssnces that the route is practicable Why, when you
embark in enterprise OF this kind, the amount oi cost
of which would be hundreds Of thousands oi dollars,
wisdom always dictates that thorough reconnaissance
should be made and that country where every
step OF has been explored and is known every body
much more then in a country which has rarely been