The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-27

proximatlng TO the very doctrines which ascnoed 70
the senator from Kentucky. Those were the words
used, ii remember them correctly,
Mr.. BORLAND. Does not the honorable senator
recoec that he took the example OF his own etate pro-
posing to make railroad connexion win tie CITY OF
Cincinnati He referred 10 the fact mat Souh Cafoha
sent delegation TO the States OF tennessee anu neh-
lucky Tor the purpose OF obtaining lher pe!ssioh con-
currence and co cooperation in carrying on that road and
they deemed il necessary oget their assent lie said his
State had acted the doctrine that was necessary to
get the assent of those States and that Kentucky refused
on that occasion 10 give her assent She did refuse when
first applied TO- do not know whether she afterwards
persisted in her refusal not he mentioned that to
show the view which South Carolina took oil the ques-
tiontha the assent OF the State through which the road
was should first be obtained and he said that The
doctrine laid down by the senator from Kentucky, which
was illustrated in the bill, controverled the doctrine
which South Carolina held on this subject and would
put every State the mercy OF any other State which
might choose to come forward and be successful in get
TO enforce their right to 60 through the territory OF
other State without its consent Now say that the pro-
visions Of the bill expressly require that assent
MIR. BUTLER only said this bill was the first step
towards that illustration of the doctrine; and
again say IT s illustration OF the system Swallowed
out by the senator from Kentucky said that we were
experimenting 10 his doctrine; used those very words
II y an illustration in some respects, but not in all
Mr. PHELPS. The question now is suppose, upoa
the proposition OF the senator from Missouri Mr. GEY
I'm, to amend the thirteenth section OF the BILL which
section the senator from California proposes 10 strike
The PRESIDENT The first question is on the mo
proposed to be stricken out
Mr. PHELPS. Mr. President, il appears to me that
the friends Of this bill have stumbled upon obstacle
which they will find it very difficult TO If the
proposition OF the senator from Missouri prevails, the
measure itself s imperfect You will then have in your
bill agropostion TO create railroad in the Territories Of
the United States, without any power on the part OF
those employed TO construct it TO act within the States
Therefore, il this proposition carries the measure must
Dc ssasd as ,e oa me Other hand se
present FORM you encounter the nsuperable difficulty Of
ntrudng upon the sovereignty of the States in matter,
in my Judgment not within your jurisdiction.
Sir, have always been an advocate for the power of
Congress to create corpoatlon but only means of
carrying out the powers vested in them by the consu-
ton and if that corporation has other and further OBJ
jects, inlrudng upon matters within the exclusive juris
dicon OF the States, you have power to create it,
because the purpose of that corporation is to go beyond
the powers conferred upon you by the constitution
Now what does the bill before u.s. in its present shape
propOse9 II proposes the creation OF a corporation
within the States In order to act efectually that copo
confer this power go further and regulate the
ner in which that property shall be taken. You ought
to impose the proper limits and the proper guards The
bill proposes no such thing leaves the matter at loose
ends. But you 90 further. You not only regulate the
transportation of your mails and OF your troops and mil
itary stores but you regulate the ordinary intercourse OF
the people OF the States their ordinary modes OF
munication Now, cir is not this very different matter
from the creation OF a Bank Of the United States, whose
main object, and whose only object, may say, or at
least whose principal object 10 regulate your
rency and your finances Here you go further. And
how the argument of the senator from Connecticut
lMr. Toucry] be resis,ed' II by reason OF this incl
dental advantage the transportation OF the mail and the
troops and military stores OF the United States, you
the construction and regulation of roads in the
States does the whole power fall within your urs-
dicton' Where you to stop II you construct
one road you can construct ano,her and II you please
conceivng necessary for your convenience in those
particulars you exclude the State altogether from the
exercise OF power which has hitherto been considered
matter of State regulation.
There IS another difficulty IN this matter. You required
the assent OF the States What is that assent worth 1t
is assent TO the exercise of political power which
does not belong you You are, therefore better of
with that assent than without it, for the very next legis
lalure that convenes in the State may revoke IT,
Now, sir, without OBTAINING the Senate, II appears TO
that there is radical difficulty in this matter, which
is not to be avoided unless by device with which |
not acquainted. Situated as am, differing as do
from personal and poltical friends might with very
great proprieiy express at length my views OF the policy
OF this measure; but instead OF OBTAINING The Senate,
will content myself with a single remark regard IL.
and shall regard it, il the bill passes, gigantic pro.
lect prematurely undertaken.
Mr.. PETIT. Mr.. President, there are four reasons
why shall vote against this bill
/. Because il commits Congress 10 The power Of
Incorporation dangerous and anti-demoefatic doc.
trinei
q Because Il commits us 10 wild system of inter
nal improvement. denied by creed and dangerous 10
the wholesome action OF the State and federal govern
ments.
aton with load that II ought not against its will to
carry II this bill passes, MIR. Pierce may well ask TO
be saved from his friends.
4. Because the wings for il, with the evident de-
sign, az think, of fastening upon these odious prin-
c'pes and this dangerous policy. tlaughierl
The amendments OF Mr. GEYER TO the thirteenth sec
ton were agreed to-
The PRESIDENT. The question now is on the mo
ton OF the senator from California tMr WrLLrRl TO
strike out the thirteenth section as amended.
MI. WELLER. | will modify that motion TO
strike out the whole OF the section except the following
.proviso originally reported by the committee
Proviad hoioep, Thai the provisions OF this shall
State, without the Of the legislature OF such State
previously had aud obtained T"
Upon that question ask the yeas and nays.
The yeas and nays ordered
Mr. BAfARD. The proposition understand 10 be.
IN effect 10 destroy the corporation proposed be created
BY this bill
Mr.. WELLER That is it,
4 Mr.. MASON. Il will be competent hereafter pre-.
sumo, to move TO strike out that provso alsol
The PRESIDENT. Certainly
Mr. BELL. rise TO a question OF order. II the Sen
ate refuse 10 strike out the entire portion of the thirteenth
section which the senator from California moves to
strike out. will Il then be in order still further 10 amend
the section, or will the vote OF the Senate not strike
out If that should be their determination be equivalent
10 retaining the section az II isl
The PRESIDENT II is proposed 10 amend the sec
ton by striking all except the poviso which has been
read The proviso viii be subject TO amendment after
wards Of course
Mr. BELL. Then, will ask the senator from Calfor-
ma he objects TO The power OF Congress to create
Pofanon or 70 construct this road By contract with
porauon within the Territories exclusively. 1 do not
want 20 me subject, but wish know whether
he opposed TO the incorporation OF company for this
purpose, the powers OF which are 10 be exercised excu
sively 10 The Territories, and not in any State
Mr.. w kLLEk. My object, undoudte,ly ia IN aot rid