The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-25

road through State and gives the power construct the
road 70 company Whs s aoss ne n 90 sup
the value Of its road and would fer the
not allow other companies 10 JON theirs Then, sir here
is positive requirement and Congress may at any tme
and under any circumstances, authorize many other
companies hey please to prevent this IRON being mo-
nopoly
The State, that has control, and the State with
out the consent oil Congress construct road within lis
own limits to join or cross this road
Mr. GWIN. This road cannot be located without the
States authority and cannot the State this power
connect another road with this at any time it pleases
The State has express power to limit the concessions
S M % P Pss wIsS r. obtain
TO difficulty which strikes my mind in
reference this BILL which has been explained away
by it's supporters and friends Do the friends of this bill
consider that il is within the powers OF Congress
the obligations the powers OF the President under
the constitution! And if that power is vested in US,
would like TO know how senators feel as to this CUES
give bis sanction TO this BILL believe you that the incom
ing President is not likely TO exercise his paramount pow
er TO This Is not duty known to the constitution
what would be the position OF this Senate Where
would your bill be and what answer would you give to
a President who should refuse to enforce such law'
Mr. BELL Execute the laws by his oath
Mr. SOULE. Execute the laws by his oath. But if
he tells you that he finds in the constitution nothing that
conveys 10 him that power, will he permit you TO AFRO
gate to yourselves the paramount right OF imposing upon
him new obligations and extending his power | want
Mr.. PRATT. suppose the government of the
United States has right. without conflicting with
the constitutional powers of the President. TO make
roads necessary for military and necessary to
bill to pass will certainly be upon the ground that
this road is necessary for military purposes The senator
from Virginia Mr. MAsosl correctly says. that where
authority given in the bill TO the President Of the United
States to discharge duty, il becomes an obligation on
his par. to discharge it, and will the senator from Louis
lana [Mr SouLrl say that the President Of the United
States would not exercise this power for the purpose Of
constructing military road when it is authorized TO be
constructed by an act of Congress!
Mr.. RUsK.. have only this to say 10 answer to the
senator from Louisiana, Mr.. SoULE that, when the
President comes IT, the conslitutionality OF this
well every other law from the foundation of the gov
ernmen, will be before him. and he must perform his
duties according to his own judgment.
The yeas and nays wefe ordered upon the motion to
commit the bill and the question being taken, the result
was--yeas 10, nays 33-as follows:
YEAS-Messrs. Adams Bayard, Bright Brodhead, But
ler Charlton. Cooper, Dawson, Dssaussue, Fitzpatrick,
Hunter, Mason, Norris, Pearce, Petit, Phelps soue, and
NAYS-Messrs Atchson, Badger Bell, Borland, Brooke,
Cass Chase. Clarke, Dodge OF Wisconsin, Dodge of Iowa,
Of
Sebastian, Seward, Shieds Smith, Spruance Sumner,
Underwood. Wade. Walker, and Weer-as
So the motion was lost.
Mr.. PRATT. / now move TO amend the fifth section
by inserting the following proviso
Pyouided the same can be effected upon the terms stp
uasd by his ACT and ~ to the United States
herein stipulated"
Mr.. RUSK That simply carries out the provisions of
the bill in more plain and explicit terms, and hope it
The amendment was adopted
Mr. PRATT. move TO insert at the end OF the 18th
section the following
Providsd, That nothing In this section contained shall
be construed to grant the corporation hereby created
banking powers privileges A~d providd That the said
corporation may be hereafter regulated and restricted by
INV tvbi may he Inv AT TINA
hereafter"
Mr. WELLER desire to make a motion to strike
out the whole OF that section OF the bill suppose.
however, that the first question will be taken upon the
amendment which is proposed, the friends OF the bill
having right TO perfect the section before it be
stricken ou t give nouee iha Whether this amend
the whole OF that section OF the bill, being utterly OPP
posed to creating corporation.
The question being taken the amendment OF MIR
PRATT, II was adopted.
Mr.. WELLER now move to strike out the whole
OF the 18th section.
Mr. CASS Idesire TO state, Mr. President, that am
in favor OF this BILL and as much so any member Of
the Senate but cannot vote for it while it contains
this section creating corporation. do not believe Con-
gress has any power 10 establish corporation within the
limits oil State and II there is such power in the
stituon, do not believe any assent OF the State will
give that power You must look to your constitution
for the power, and not 10 The assent of State.
The thirteenth section, which IL proposed to strike
out. was read as amended. as follows:
"SEo 10 And IL further enacted That for the purposes
OF this act the contractors their and
hereby erected and constituted body polite and
porate by the name of THE Pacific Railroad and Teie-
graph Company" by which name they may and be
sued, plead and be implicated, and have and enjoy all
proper remedies in 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 issue certificates OF stock and perform all other
necessary carry into effect the
no force effect whatever within the limits OF State
without the the legislature OF said State previously
had and obtained Provided That nothing in this section
by created banking powers privileges dnd provided
That the said corporation be herea regulated and
restricted by any act which may be passed by Congress
any time hereafter
Mr. PRATT There is one point 10 which desire to
call the attention OF the senator from Michigan The
Chesapeake and Ohio Canal Company, to which refer
red IN my remarks short time ago. originally char
tered according TO recollection, by the Congress OF
The United States. That was recommended by
convention OF gentlemen collected from all sections oil
the United States, and II my memory me- Mr. Cal.
honn acted as the presiding officer. That company
chartered by the Congress OF the United States and the
act OF incorporation provided that with the Assem-, OF the
legislatures OF the States OF Maryland and Virginia,
through whose territory this canal pass, the char
Ter to take effect refer to this not for the purpose
Of controlling the judgment Of my honorable friend from
but for the purpose OF saying that from that time down to
this had concluded that the Congress OF the United
States might make proposition TO State. might pass a
charter saying that the company should be authorized
10 and and that should not do within the lin
s OF particular State without the OF that State
So the State gives its assent it becomes charter
PASSED by the State and not by the Congress of the United
States Suppose this bill passes, and suppose that the
,ny State upon which il is 10 operate the State OF Tex
n the moment the State OF Texas assens TO this bill
md TO this charter il enacts the charter II is then the
State of Texas granting the charter to the persons or the
Md in thok