The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-02-21

Inc ChAlR laid before the Senate MESA e.
/ from the President of the United States, communi
eating report from the Secretary of State on tn,
subject OF Ncaraguan affairs; which was referred
4 10 the Committee on Foreign Relations and or
oered 10 De printed. The message the sam,
as appeared in this paper on Saturday last it bay
! ing been laid before the House on Friday.
1 5.aaN THE ARMY BILL. i-s
Mr.. HUNTER, from the Committee on Finance
reported back the Army Appropriation bill witt
sundry amendments, which were ordered to b,
printed. ai III gssfl.fg..5-
THE ANEsTHETIc AGENT.
| Mr.. WALKER, from the select committee tt
which were referred the memorials of Doctors
1 Morton and jackson, and of the heir of Dr. Wells
claiming to have been each the original discoverer
of the anasthetic agent, used in the army anc
navyln surgical cases, made report The com.
mittee are unable to determine the question as tc
who should be declared the discoverer of it.
| mr. EMPLOYERS OF THE SENATE.
| Mr.. HUNTER submitted a resolution, which was
agreed to, directing the committee on the contin-
gent fund of the Senate to report ecae of fixed
salaries for the persons employed in the Senate in
order that the usual allowance of extra compensa-
| ton may be dispensed with.
| bill for the relief of Besey Norton lady over
| ninety years OF age, was taken up and passed
GEORGETOWN AND cATocTIN RAILROAD.
| On motion of Mr. PRATT, the Senate proceeded
to consider the bill granting to the Georgetown
and Catoctin railroad the right of way through
the District of Columbia private property to be
paid for, and the assent of the corporation OF
Georg etown to be first obtained; and the bill was
passed. 3
| The resolution heretofore submitted by Mr.
HALE. calling for information to whether any
complaints have been made on the part of Mexico
as to the failure of the United States to execute
the eleventh article of the treaty of peace, relative
to Indian depredations, was ia ken up and adopted.
PACIFIC RAILROAD BILL.
| On motion of MIR. RUSK, the Senate proceeded
to consider the bill making provision for railroad
| to the Pacific ocean. Gst4 - -
| Mr.. TOUCEY resumed the remarks commenced
| yesterday BY him in opposition to several of the
provisions OF the bill. He particularly opposed as
unconstitutional that part of the bill incorporating
the contractors, and that which directs the road
to be constructed within the limits of the States
Mr.. DOUGLASS replied, the provision incor-
poratng the company would be stricken out; the
bill expressly provided that the eastern terminus
OF the road should be fixed by the President II
the President should consider it to be unconstitu-
tlonal to construct any part of the road within a
State he would not so direct it. 1t could not be
| constructed within the limits of State except by
the direct act Of the President. The whole objec-
ton was therefore founded on a dietrust of MIR
Pierce's fidelity to the Constitution. laa
Mr.. TOUCEY said, if il were unconstitutional
for the President to locate the road within State
why authorize and direct him to do 500 Why pass
a bill granting him such power when the Consti-
tuition expressly forbade it? z ~ 5.f
Mr. UNDERWOOD argued against striking out
the thirteenth section of the BILL If that section
were SIT icken out the bill would not be worth pic
ayune. No private individuals could, without be
ing incorporated, command the means necessary
to construct the road.
Messrs HUNTER and BUTLER argued alien 9Th
the unconstitutionality of the measure. -
Mr.. PHELPS did not believe Congress had the
power to establish this corporation within the
States, nor did he believe the road could be con-
stfucted without incorporating the contractors. If
the bill passed, he should regard it as gigantic
project prematurely undertaken.
Mr.. PETIT said There are four reasons why
/ shall vote against this bill: First. Because it
commits Congress to the power ofincorporation-a
dangerous and anti Democratic doctrine. Second.
Because it commits to wild system Of internal
improvements, denied by our creed land danger
ousto the wholesome action of the State and Fede
raj Governments. Third. Because it burdens and
clogs the incoming administration with load that
it ought not against its will to carry. If this bill
passes, Mr. Pierce may we'll ask to be saved from
his friends. Fourth. Because the Wings are for
1t, Laughter with the evident design, as think,
OF fastening upon us these odious principles and
their dangerous policy. laughter
The question pending was on striking out the
thirteenth section, which is in these words:
SEC Is. And be it further enacted, That for the
purposes of this act the contractors, their ascot
ates and successors, hereby created and con-
stituted a body polite and corporate by the name
of ssThe Pacific Railroad and Telegraph Compa-
N.Y. by which name they may sue and be sued,
plead and be implicated, and have and enjoy all pro.
per remedies in law and in equity; may organize
and elect such officers as they may deem necessary
and have and use a common seal; they may also
open books and issue certificates of stock and per-
form all other acts necessary to carry into effect
the provisions herein contained: Provided hotceper
That the provisions of this act shall have no force
nor effect whatever within the limits of any State
without the consent of the Legislature of said State
previously had and obtained. IA 5-g4 savr 81 tusa
Mr.. WELLER modified his motion SO as to strike
out all of the section except the proviso-and the
question being taken, the motion was agreed to-
yeas 36, nays Ia. 5e y ire A u 80
a YEAS.-Messrs. Adams, Atchison, Bayard. Bor-
land, Bradbury, 'Brodhead, Brooke, Butler, Cass
Charlton, Chase, Dawson, De Saussure, Dodge of
Wisconsin, Dodge ofIowa, Douglas, Downs, Fetch,
Fitzpatrick, Gwin, Hale, Hamin, Houston, Hun
ter, Jones of Iowa, Mason, Norris Pearee, Petit,
Phelps, Sebastian, soule, Sumner, Toucey, Walk.
er, and Weller-36 v.,os --..t4f
NAYS.-Messrs. Badger, Bel Davis, Fish, Foot,
Geyer, Jones of Tennessee, Miller, Rusk, Seward,
Smith, Spruance, Underwood and Wade-l4
Mr.. WELLER said that the same provision
made in the proviso which had not been stricken
out in this section, was contained in another part
of the bill, and therefore there use in leav
ing it here he moved that it be stricken out also,
and the motion was agreed to.
The bill was amended in other particulars to
conform to the material change in its featuresjust
made.
striking out of the third section the words 'and
sum not exceeding twenty millions OF dollars IN
bonds of the United States, bearing interest at five
per cent. and redeemabie IN thirty years., being
the money appropriation by the Government to
aid in the construction Of the road.
He said that at the last session the Senate had,
by a vote of 80 to q, refused to vote money ap-
preparation for chip canal around the Falls of the
SAINT Ste. Marie, and, as he could see difference
between voting money for that purpose and voting
for this, he wished to know if the Senate would
reverse that decision.
The question being takena the amendment was
reiected-yeas IT, nays 30-as follows
YEAS.-Messrs. Adams Bayard, Bradbury, +
Brodhead, Butler, Charlton. Dawson, Fitzpatrick
Hamlin, Hunter, Mason, Norris, Pearce, Phelps, H
Spruance, and Toucey-16.
q NAYS.--Messrs .Atchson, Bell, Borland, Brooke,
Cass, Chase, Davis, Dodge of Wisconsin, Dodge of
Iowa, Douglas Downs, Fetch, Fish, Foot, Geyer, 1
Gwin Houston, Jones of Iowa, Jones of Tennessee, 4
Miller, Rusk, Sebastian. Seward, Shields, Smith, 4
Sumner, Underwood, Wade, Walker, and We'll /
-ler-30 DIE 9a SCI 1893
81 Mr. BAYARD moved to amend the bill by add.
ing to the first section proviso-that if in the
opinion of the President of the United States it
shall be deemed more advisable that the location
and direction Of this road should be legislated
upon by Con gress, it may be referred by him to
the next Congress-, without any action ON it by
him except the finishing of the survey and explo
ration ordered BY this bill. ~ a5
This amendment, he said, if adopted, would
evidence a more perfect reliance in the discretion
of the incoming President than was to be found
in imposing arbitrarily the whole responsibility
upon him.