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


be amended 10 conform TO the views OF The sena
tor; but this amendment is in the third section, and does
not touch that question. IL does not aaae 10 u In the
MIR CASS thought the honorable senator, from the
remarks he made, intended attach 10 his amendment
the provision OF the first section.
Mr. WELLER. said that | did not consider por-
ton OF the amendment OF the senator from Illinois as
necessary that was opposed to portion OF 4, because
thought The FIRST section Of the bill already guarded
sufficiently ~ relation to the rights OF the States but this
amendment has nothing 10 do with the declaration which
made In regard 10 that amendment II is an lndepend-
ent proposition. simply requiring that the money shall be
expended IN The Territories
MIR CASS have no objection to that Then was
right in my view OF the intention OF the senator from
California, which 49, that the original section shall re.
main, by which this government is 10 get jurisdiction over
the subect-matler by of the States II that pro-
vision is retained, | shall vote against the bill.
Mr.. BELL. 1 want TO inquire OF any senator who
answer, whether this is anything or less, IN rel
erence to these questions OF constitutional power that
have been started by various senators, than simply the
question whether this government has the power TO APP
propriae money for the ucon OF national object
national road, within State, and whether affects the
jurisdiction otherwise any respect whatever Is 1t not
simply the power to appropriate money, which under
stand that Madison and Monroe and Jackson, and Cal
houn, and MeDuiie have sanctioned again and again
The question being taken by yeas and nays on the
amendment. resuted-yeas n, nays 25-as follows:
YEAs--Messrs. Adams, A,chson, Bayard, Bradbury,
SON. Dssanssore, Douglas, Downs, Fitzpatrick, lamlin,
Hunter Mallory, Mason, Morton PeaTee Phelps Shields
Dodge Of Wisconsin, Dodge Of Iowa, Foot, Geye Gwin,
anm Mer Pratt Rusk SEBASTIAN seward smith, spru
ance, Sumner, Underwood, and Wade-2o
So the amendment was agreed to.
Mr.. WELLER. | have another amendment to offer
in the sixth section, order 10 carry out the principle
which has been Incorporated in the bill by the amendment
just adopted tits to insert alter the word .road where
i first occurs, the words "wthn the Territories, and to
insert before the provision in relation 10 forfeiture the
following
That whenever fifty miles of said road shall have been
completed within the limits of any State organized,
States said contractors shall entitled hs of
public lands TO which the completion OF said fifty miles may
each successive fly miles until the road SHAH be com.
plesd within the limits OF such State and when all the
OF the have been fully complied with, they
shall be entitled TO receive the remaining oneth oil The
public lands
Mr.. BORLAND. | was in hopes. when this bill was
introduced, and in the various stages of its progress that
that we should assume, by legislation here, and by
the provisions OF the bill TO fix the location OF this road
or do anything which would give il sectional charac
ter either North or South In that spirit on Saturday,
when proposition made here TO declare that II
should mol go beyond certain point Memphis, on the
Mississippi which, so far as the bill could have provld
ed. would have procured its passage through my State
voted against it, voted against the amendment because
was opposed to giving the bill any sectional character
whatever. But the amendment which we adopted just
now, and Of which this that follows is but part and
parcel, does, my opinion give it sectional character.
and by express legislation in this bill excludes the whole
range OF southern States from any participation in the
benefits of this road Look al the country through which
this road is 10 CO. and you will find that by the terms OF
the bill you have made provision MAT il shall not pass
through that southern range to which | refer You
have made 1t necessary, III order to enable The company
to avail itself Of the given, TO make the road at a
point north of the country to which aude Sir, you
have given $40 900 to company to make the road
through the Territories; and what have you given for
making the road through the Siates' Land You have
given lands in the Territories also, but you give no money
Tor the States; | ask, il you have authority to make
this road at all the States much entitled to
have that portion of the road which through their
limits aided by appropriation OF money as the Terrific.
riesi Why not. sir But yon give large portion OF
the States, and you give S2oooo,ooo besides, for
| The road in the Territories
Why should you give this preference to that portion
OF the road within the Territories that portion with
in the Staes' II you pass the bill, you recognise The
right OF the government 10 make road and to appropn-
ate the means OF making ii; and then you make dis
ncton to the kind OF means you make use OF IN one
case and in the other. What do you give to Tex
as to build this road You make it the interest," the me-
cessiy OF the company building the road to leave Texas
out OF the question: and not 10 pass over loot oil her
Territory.
Mr. RUSK And Arkansas
Mr.. B0RLAND. Yes, sir, of course, because if the
road is not through Texas you cannot get through
Arkansas without taking very great bend and Leaving
the straight line. cannot see the fairness OF this pro-
vision. ] would not if an amendment were offered to
make Arkansas the horoughfare OF this road, vote Tor
it, | should vote against ii and should go for sum.
lar and even Tor stronger reason against all provisions
which will make II certain that the road must go NORM oil
and leave out OF the question altogether Sir there
is soundness the bill now stands IN the provision
which you make in the beginning Of it, that survey and
exploration shall be made, and that the President shall
locate the in accordance with the survey and expo.
ration because by the provision which you have just
voted you render the whole action nugaoy and IL
should be demonstrated by this survey that the route
through Texas and through Arkansas Is the bcue and
in fact the only practicable route, IT would be entirely out
of the power OF the President 10 give the work on the
road TO a company who could bald II on that route
Therefore il is that say the adoption OF the amendment
has impaired a sectional character 10 the bill.
Sir the senator from Texas right when he said. on
Saturday last that the provision then adopted, and now
adopted emasculaed the blf far all fairness IN IS
concerned ir all absence OF secuonalism IN II Is
concerned Ii has emascuated and rendered the oil en-
ely worthless for the purposes Tor which II was pro-
posed II gives money for building the foad-wheret In
the deserts where every foot will have TO be made TO the
right and TO the left before you can avail yourself OF he
benefits of the road for any practical purposes Whatever
either to carry the materials with which IS 10 De con-
srucled, pay tolls in any manner to help 10
deray its expenses -,
When the senator from Kentucky was speaking little
while ago this subject he seemed to think that There
was no precedent for such proceeding as 'his oI
had in nv mind 10 suggest TO him and to show him tha,
there precedent for just such proposition as ms
amendment.
Mr UNDERWOOD What isitl
Mr. BORLAND Why. sir, in that noble work the
rraves-he max his traveller go into country where
he found tina, speculaons of all kinds had been carried
to the highest degree OF retnement-o The metaphysics
of metaphysics, il may call II and there he found
various projectors Some OF them not mentioned but
he found whom had occasion to allude the other