The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-26

10 an amendment which obyiates that objection II SO,
perhaps II would be well for the senator 10 allow that
amendment 10 be offered and adopted and then he could
see whether or not his objections existed.
Mr. T0UCEY. | understand that the senator IRON
Illinois is mistaken In that respect lhe oplecuonhi
which am now considering is feature OF tins biii
which regard unconstitutional proposition bv the
power OF the general government. with funds IRON le
public treasury, 10 construct railroad WITHIN the 's
Mr DOUGLAS. This is the very point which un-
dersand II is agreed shall be obvaled Tor The reason
that il is Objectionable
Mr.. TOUCEY understand otherwise from the chair
Mr. DOUGLAS II has been doubtful whether that
point now exists in the bill aud IN order TO obvaie the
objection entirely, understood an amendment was TO De
offered with the sanction of the committee
Mr. TOUCEY. am somewhat embarrassed, recelv-
ing statement that point from the chairman o the
committee which reported the bill, and quite another
from the distinguished senator from Illinois
Mr. DOUGLAS. | do not intend TO speak by au-
thority.
Mr. ToUCEY do not intend to engage in unproft.
able debate. II has not been my custom TO do So II
have erred II has been on the other slde and In failing
to perform my whole duty In that respect.
Several SENAToKs Debate the bin as it stands.
Mr. TOUCEY. | take the bill as it stands. know
there the other side OF the chamber who
advocate the bill in lis present form. and shall very
Now, Mr. President the bill upon its face that
Congress has no power to construct this road within the
States unless with their assent and it assumes, there
fore, as principle, that the assent OF State will confer
upon Congress power which the constitution has not
conferred upon it, advanced yesterday the proposition
OF the total ncapacity of any State legislature dvest
iise OF lis legislative powers and grant them TO Con-
gess, and an equal ncapacy the part OF Congress to
exercise any legislative power by grant from State,
even II 1t had the power TO make the grant There an
incapacity 10 grant on the sde and ncapaciy to
receive or TO exercise the other But shall not
peat what said yesterday will go step further.
This bill contains the unconstitutional assumption that
with the assent OF a State, the people of the whole
Union may be taxed Tor the construction OF road with
IN the State thus benefited by granting that assent Il
proposes TO construct railroad in the State of California,
with lis consent aud 10 do IL by money from the public
treasury; and If II can do II by money from the pubic
treasury that money must be levied by upon the
people OF the whole Union The principle. therefore, in
yolved in this bill is no other than this Whether Con-
gress tax the people of The United States TO raise
money TO construct road within the limits of State,
PROVIDED that State will consent to receive the benefit
Now, sir, that feature of this bill the ex,raord-
nary OF any that have ever known or heard Of law
proposing TO give the President OF the United States the
power to go into sovereign State, and alien
resident there his pleasure, is, compared with this
very mild measure. proposition TO assume jurisdiction
over the press In the several States, and subject TO
criminal prosecution Tor publications against the officers
OF the government, would be very moderate uncon-
stituonal law, compared with the proposition under
discussion
The proposition TO establish a Bank OF the United
States, and TO transfer 10 it the contents OF the public
treasury for bankers to trade upon, would be very
moderate violation OF the constitution compared with
this; because, by this BILL you 20 into State and take
jurisdiction here you take possession of the soil of the
State and you undertake 10 control and to manage the
road within lis limits. You assert power existing in
this government, by the mere assent OF State, 10
levy tax upon the people oil the United States TO
deiray the expenses Of the construction and mainte-
nance of that road II you do il in regard 10 road
you can do IN regard 10 every other road in the country
And this IS TO depend upon the assent OF a State That
say, State by consenng it, if Congress also
consents can have It's road built by tax upon the peo
pie OF the whole Union. IL one Stale can do it, another
can do H. When the people OF the Union find them
selves taxed to build road in California. in Louis
ana, if they find that such the policy of the govern
mes nil hpEIi IN aIp tbp
ure Sir, there too many States which would consent
TO take money from the public treasury construct their
own roads, without looking 10 the ultimate consequences
II would not perhaps generally be difficult to obtain the
assent OF State, because by giving its assent Il would
derive great apparent benefit from the public treasury at
the expense OF the other States. And thus, by the
promise OF immediate advantage the side and by
the pressure OF taxation on the other every State IN the
Union might be strongly tempted TO augment, by egsla
tive grant, the powers OF the federal government
Why, sir, more extraordinary peryersion, broader,
looser, more atiudinaran, and a more dangerous
construction OF the constitution, than that which is in
VOWED in this bill, | cannot well imagine With this
pewer what would be the condition of this government
Instead Of being government OF uniform powers per-
vading The whole Union, they would vary in every State
In one State they might extend TO roads, in another State
to all Internal improvements IN another TO federal
bank. You would have the powers OF this government
as various as the States themselves, and different at d
ieeni times on each as ITS interests or It's caprice might
dictate.
say that this bill assumes a principle the power in
the States 10 authorize Congress to exercise powers
Wbch 90 not Oelong 70 congress, independently oil the
assent OF the States II is this principle OF the bill that
most strenuousy object II that and the other obiec
tonabe proposition creating corporation, be re-
moved IRON this BILL the general measure will meet my
most hearty support; because as said Yesterday, am
IN favor OF the general OF eIeng the powers
OF this government according 10 the settled practice of
the government to construct railroad through the Terri
tories hnd power to do II in that clause OF the cons-
tuition which gives Congress power to dispose Of and
make all neediu rules and regulations Concerning the
territory and other property Of the United States
Now, for the bona fde purpose OF improving the pub
lie domain am entirely IN favor OF making a proper
grant. Where that is the legitimate purpose think this
government has power to do it, But when you come 10
The States, the question Is very different with re.
gard to the construction OF road within their limits
There Is no necessity for such provision in this bill
am willing there 10 grant alternate sections upon the
same principle OF improving the public domain But
there Is no necessity for the provisions OF this bill in re-
gard TO the construction OF the road through the States
The legislatures OF the States have power incorporate
companies; they have power build roads they have
power TO receive from Congress grant OF alternate sec.
uons OF land, Tor the purpose OF Constructing this road
within their limits; but this government has no such
power to construct IT, because it would be direct inter-
terence with State sovereignty And that objection is
moi removed oy The assent OF the State to-day evea il il
could be binding Tor all time 10 come Nor is the pro
VISION necessary m another view, because this road il
70 De but from the western border OF the Mississippi
States TO the eastern border OF California the remanin
sections will take care Of themselves the Investment
would be profitable The difficulty is in constructing
road through the Territories and when shall be con
structed by grant of public lands or in any other con-
sutioaal way, the great object is pished But
an not willing TO accomplish object Of this kind or of
any other kind by rampng under foot the plain proys
ions OF the constitution, or by adopting loose consruc
ton which would, in myludgmen,, be fatal to its perma.
nence.