The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-13

WIN view 70 gel possession oil the land that persons
would buy il. Now, they cannot buy il because il is
land appropriated 10 settlers
Mr. DOUGLAS. will Try to make myself understood.
Here are mese alternate sections open 10 settlers. Any
actual settler who chooses may go and live upon them
and anybody can TO the land and settle outside OF
the reservations before the lands surveyed under The
general usage in the settlement OF the whole country.
Then the whole country is actually open 10 settlement on
the ousde; and the idea that speculaor will send young
men INTO that region where all the lands are vacant TO
hold tract OF land for him is difficulty which never
suggested itself 10 my mind have the slightest diff
hcnliy on That point. The simple question is, will we set
apart land for railroad noti certain portion OF the
Senate avow themselves being willing 10 give lands,
but moi ogve money. We have tried land and money,
aud we have failed, and now are trying the isolated
proposition OF land and the SIMPLE question presented 10,
is this Senate willing TO give land for the road and leave
the plan OF the road open TO be determined hereafter!
ask every man, therefore, who is willing 10 give land tor
the purpose, to stand by this amendment | believe the
proposition TO be clear and explicit and that i presents
only the simple question, whether we are willing TO APP
propriate land for The road or not.
Mr., GWlN. desire TO make suggestion 10 the SEN
ator from Wisconsin | think he had better withdraw
his amendment, and give up the contest The constitu,
tiona doubts of the senator from Michigan Mr. CAssl
des.royedshe Pacific railroad bill last Saturday. When
he expresses any doubts here upon any BILL is de-
stroyed and this amendment will be defeated in the same
way; therefore, think, instead OF wasting time IN It's
discussion it had better be withdrawn The suggestions
made by the will have the same effect upon il as
they had on the railroad bill las, Saturday II is very
doubtful question whether this railroad OIL ought 70 Ge
has contend with and with the suggestion OF the
senator from Michigan, it is evidently destroyed think,
therefore, the from Wisconsin had better with.
draw the amendment, and waste no more time with It.
Mr.. CASS. Mr. President, consider the remarks OF
the senator from California Mr. GwlNl in bad TASTE and
entirely uncaled for He had right 10 make them.
He gives fictitious importance by nmating that
raised doubts about his bill which destroyed it.
Mr.. GWIN. Not my bill. =
! Mr.. CASS. Well the Pacific railroad BILL Now,
sir prefer the integrity Of the constitution to the favor
OF the honorable senator much as he knows regard
him. But, sir, the senator is wrong when be speaks
bad n.,hf at oil I had a
settled conviction that two provisions OF the bill were
palpable violations of the constitution. Now, how
stands this matter and what Just cause OF complaint has
the from California; He presented project OF
great work, which desrous TO accomplished
as he is But the bill contained two pro, islons which
in my opinion violated the constitution had rlgh to
entertain constitutional objections TO that BILL No man
has right 10 doubt that did entertain them suppose
/ it will hardly be conended that with this difficulty star
ing in the face ought to have voted for The bill
What these objections were the honorable senator
knows full well, as does every other member OF this
body One was, the assumption OF the power on the
part of the United States to establish corporation within
lhe limits OF the States, and the other the power
the part OF this government 10 lay out and establish
roads, and TO exercise jurisdiction over hem N every
State The Union and IN every part OF such States;
for that is the necessary extent OF the principle II once
assumed 10 exist
hoped sincerely that these difficulties could be
moved and of them, The incorporation was removed
by being struck from the bill the other was retained ;
and 10 have voted for the bill in such would have
been sacrifice my convictions OF constitutional duty
The fact is there was no real difficulty my opinion
the way of passing practicable bill upon this subject
grant OF land in the States, and the construction of the
road there, under the authority OF the State governments
in the mode sanctioned by repeated experience, and ITS
construction in the Territories under the authority OF the
United States by grant OF any reasonable amount OF
land and money would have insured the accomplish
of the work. For all this was anxious TO voie
and for its failure not responsible. Let those as
sumo the responsibility who asked too much, and TO
whom, therefore, the responsibility Justly belongs
! Mr. GWIN. The senator's constitutional objections
not against my bill The bill which brought for
ward appropriated land exclusively for the construction
of the road The objected 10 that because
too large. He wanted road, but no branches; that
was his objection to my bill. When the bill which
reported from the select committee, providing for road
without branches, under consideration, bad not
doubt but the would vote Tor IT. never heard
that the senator had constitutional objection TO It un-
m four O'Clock Saturday, except IN regard 10 the IN
corporation section, which il was known that the chair
man OF the committee which reported the bill intended to
have stricken out AT four or five o'clock on Saturday
evening, when momentary expecting the vote
on the engtossmen of the bill, the senator sprung the
constitutional question us The relation existing be-
tween tha, and myself, and my honest convic.
ton that he in favor OF the BILL would have justified
my being notified that he had constitutional objection
TO that portion oil the bill. But he never spoke TO
he may have gone to others. That is the objection
When the senator stated that unless the incorporation
section was stricken out be could not vote for The
bill, naturally thought that he would vote for II when
that difficulty was removed His language is capable of
no other construction That section was voted out OF
that bill to accommodate the scrupes OF that senator and
others Stll, al i've O'CLOCK oanfuayt Just we
expecting the final vote, the senator brought forward his
constitutional difficulties another principle contained in
the BILL and made a speech al that late hour, after
six hours sitting, and after the bill had been long
before The attempt TO amend The bull to accommodate
his views on this subject defeated IT, and that defeat has
inflicted deep and lasting injury upon my State, and
therefore feel fully justified in the remarks have made
Mr. CASS. Mr.. President, the remarks which have
lust fallen from the gentleman from California [Mr.
GwIN still more extraordinary than those upon which
| have Just commented. Time and again in my place
in the Senate, have expressed my views upon this sub
iect and stated conviction that this government pos
sesses no power establish and exercise jurisdiction
over the roads within the States, and did suppose
there was member OF the Senate who had the remotes
idea tha, would for such proposition. II he had
il his fault, not mine This view will be found in
every speech have made the general subject of inter-
nal improvements and especially in the remarks made
at the last session. the question OF the construction OF
a canal st the Sault Ste. Marie. With respect to what
the senator says about my not urging this objection until
late in the discussion have but brief reply to make
for brief reply only be necessary lido not under
this objection has do with the fate of the Its
effect, whatever that was, would have been the same
whether urged at the commencement or the termination
| of the discussion.
Bat the fact is, sir, stated my views upon this point
the brst time had the opportunity, after the measure
brought into discussion. When the question of the
power OF Incorporation presented gave my opinion
upon H. and when the question OF jurisdiction was pre-
sened gave my opinion upon that also. do not
dersand that under any obligation at early point
OF time in discussion 10 present my views, and il is
certainly not little strange 10 hear II contended that
because member IS not among the FIRST TO his OBJ
lecton therefore he is committed to the details OF the
time TO express my own CONVICTIONS as had right TO
do and w in in draw any coprl