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

engaged in other matters that have np been able to be.
stow 90 much attention this bill as II deserves
have not done H. have been engossed by sub
scts which belong 10 The committee OF which am
member. did not suppose until yesterday, that the
friends OF the bill expected TO push this measure to
vote | imagined tha, they would have been willing TO
present their scheme and 10 give their views 10 the cOun
Try. and await public sentiment until the next session
OF Congress- perceived however, yesterday that they
were determined to have vote on the question: and as
/ regard il most important measure-as one OF the
most momenous questions OF domestic policy which
could be presentcd took up the bill last night Tor the
first time, and gave II attentive and serious examlna.
toa And sir, must say, with all respect TO the disn-
guished committee which reported IT. that seemed 10 me
to be one OF the extraordinary bills which have
known 10 enianae from committee OF this body
First in the order OF analysis. let me examine The
power which It propose, 70 vest n ns f'eseh ,s
OF the bill affirm is to determine the commerce OF the
world and upon which they say there Is such differ
ence OF sectional interest must occasion bltter ds
puies-iha the President shall exercise power when
more legtimatey belongs TO Congress, the determining
of The route Of The road and its respective temn MOI
only does it provide that. but is go indefinite az no
even 10 define distinctly the geographical regions which
are TO limit and determine bis discretion IN making ou'
ts boundaries somewhere between ne valley OF me MS
sssippi and the Pacific What is meant by the
valley OF the Mississippi May the President go as far
eastward for the terminus as waters can be found whch
river i.seif The President /. allowed to use ali the
troops and officers he may think necessary to execute
the survey; and whilst the work is under process OF con-
str0ction he may send forth such military expedition
as be may think necessary or proper TO guard it. There
is no limit whatever imposed upon the military expedi-
tions he may Organize. or upon the number o. troops
which he may send out Yes sir, there is one limit
as If by way OF showing that the committee thought Con.
gress had power TO impose some limit-the bill de-
clares that he shal no, appoint more than ten cvl en-
gineers and thus while IT bestows upon him unlimited
discretion in everything else il guards an immaleral
point in relation 10 the civil engineers
The bill provides that the President OF the United
States, said by the senator from Indiana, Mr..
BRiGHT shall be IN aci the president OF this road IL
is he who lets the con,racts he who determines the
route; he who determines the gauge he who determines
when the contractors shall be entitled to the compensa
ton allowed by lawn short he is to have not only the
power which Congress ought to exercise, but the power
OF the President OF the United States. and the president
Of the railroad company besides. There was much in
the view presented yesterday by my colleague Mr. Ma
soN of the danger TO be apprehended the legislative
branch of this government should thus abdcaie its pow
ers, and throw them into the hands of the Executive
Why sir, whenever we have difficulty or sectional dii-
feences here, in relation 10 any matter, Congress- mad.
ing settle it, has 10 refer il TO the hands OF the
Executive Thus we are fast accumulatpg into his
hands all powers, well legislative executive. This
is not the first nsancet s not The first important IN
stance--in which Congress has done this
Now ask what party that 10 prepared TO abdicate
the legislative power and 10 transfer II 10 the Executive
10 the whig parry, which was organized upon the one
idea Of resisting executive patronage! ls 1t the demo-
cratic party Why, sir il is fundamental maxim in It's
creed TO preserve all the power that can compatible
with the purposes OF go government, in The hands OF
the States and OF the peoples and by way OF providing
conservative check against the abuse OF the power which
they thus par! with zeaonsiy for the ends OF good
government, they have been scrupnlous IN INSIST
ing upon its proper distribution between the executive,
judicial, and legislative departments That, sir, appears
prominent feature IN most OF the bills OF rights OF
the States OF this conedeacy and IS an important and
necessary feature in all the OF representa-
tive governments. Sir, centralized France might hesi-
tate 10 bestow such these even upon It's Empe
ror. Even there we might expect 10 see some sort OF
check, either OF individual int rest in the shape OF
legislative snactmens order TO secure that the roads
should take the direction which the true interests OF the
country might require
Can anything be more important to be determined by
the legislative branch OF our government than such a
measure this If we are to assume TO this govern
ment jurisdiction over the railroad commerce OF the
Union is il not emneny proper that this jurisdiction
should be exercised not by its executive, but by lis legs
i.ve department. IN wha, direction are these streams
TO pour their richest Whose lap shall these golden
showers fuciy9 II these great results are not 10 be
left to the natural laws OF trade and the free competition
OF the States but 10 be determined here surely the egs
lave branch composed OF the mm eiiste representatives
OF the people and the States should have voice h
matter. know that something like precedent has been
found for this IN the law OF 1906 establishing the
Cumberland road But the analogy is apparent
than real; and even II IL were perfect, ii would only
show, remarked by General Jackson in reference TO
that very precedent how dangerous is TO depart in the
beginning from the safe ground OF the constitution That
itself established OF the iermnl OF the road leav-
ing Il TO commissioners to be appointed by the President
10 report as To the her, and IN regard to the route which
ii should pursue the report to be subject TO the approval
in whole in part by the President In point Of force,
them the pfecedeniis not analogous 10 this case and in
substance how different are the two measuresl
The Cumberland road was established not for CONNER
cial bu, military purposes. Congress assumed jurs-
dicion the soil the upon the road II
created corporation within the States and acquired
Of their jurisdiction, either by compact treaty.
otherwise II had been established for
ciai purposes it could have been construed into claim
OF other power than that OF apptopratng money
general purposes when could be done without invading
the Jurisdiction OF the States In truth however it was
10 be vndsaed II Il could be justified at all upon the
ground Of its being necessary TO military purposes.
1hn bill Mr. President, proposes TO transfer ursic.
ton the soil and internal commerce OF State from
AZ 0t~t~ 10 tkn anal,
important distinction. and when compared with this the
Cumberand road dwindles into insignhcance That was
n mere uhnE matter as compared with such scheme as
this which proposes 10 vest such tremendous power in
the hands OF one Now, let us what this bill
effects AZ between the general government and the States
And will say here that choose 10 consider The bill as
it came from the hands OF the committee lis responsible
fathers | know not what measures may exist in the
'maginations Of other gentlemen. ] know not what II
may be their secret purpose TO do. or what the mental
reaervaons with which they make speeches IN support
Of the b but take II reported, and upon that pro
pose 10 comment wish now TO anayze II IN reference
10 ia distribution OF power between the States and the
federal government First, there is provision in this
bill, contained in the tenth section. regulating the mode
nwhch me transportation shall be carried and what
lien the company shall have upon the baggage and other
maue OF mat KIND, nus transferring that whole ubject
from me states TO The federal legislature, and from
me States 10 lhe federal judiciary We thus al one
le s~oop, transfer The regulation of that important sub
Jss yom ne Sae government to tho general government
and from The State TO the federal udcisrv gn h. ba,
alli No. sir. The eleventh section Of hi, bII nro.
vdes: ~" o"' P'o
That Congress may, at any time hereafer ,,tho,,vo
individuals. conprnies States, form, cnn,esta -
tween said railroad and any railroad or rel,oad. ,
their CONTROL respectively Proridsd Thsthe oco
Iatt.. .1l-.