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


as reason why they should abdcae powers with which
'hey are vested by the constitution and give them 10
o,;n branch OF the government to which the con
s.tuiion mas denied them. SIR am against the whole
o-not because il makes communication between The
Auanic and the Pacific, but because il done in viola
Non OF Tue constitution OF the United States
ms is not q new subject Those with whom | have
always acted IN public life have denied the power OF Con
10 appropriate either money land for the purpose
OF internal Improvement They have denied Congress
Tue power by any agency, either directly indirectly. TO
construct works OF internal Improvement but this BILL
oy one ,e swoop, declares order OF the Congress
Of the United States, that shall be done and that il
cannot be done by ordinary egsaton il shall be done by
the nat OF Executive will What is the discretion given
70 The Executive The Executive determine upon
he whoie mississippi border, and upon the whole Pacific
ootuer-on the east and on the weswhere this road is
TO begin and where it is to end. You will see at once
tue immense discretion vested in the Executive and the
noidha,e power that i gives HIM when It invests him
with that discretion. Why, he may control the legisa
lion OF whole district of country, of whole tiers of
States BY hswll, in fixing where this road is to begin
and where is to end But that is nothing in the world
10 gentlemen. The destnies OF this country well
conded 10 an Executive, who is not responsible the
constitution provided they get the road Could such
power as this be given 10 the Executive, unless there
was an interest behind il greater than the control of
stltutonal obligalion-hat interest with which gentle
men are 80 much impressed herethe indispensable i'm
poriance of having this road
But that is not the only power He is 10 fix the ter
nln and in the vague language OF the bill he is to fix all
the important intermediate points | think that is the
expression He is to fix the termin and TO select the
general route where tie road is TO 60 He is control
the Immense interests that will be involved in and affected
by this work, between the North and the South, by bis
hat alone. The representatives of the people in the other
branch OF Congress, and OF the States this branch
not 10 be consulted in this matter Everything that per-
ains to legislation and the expenditure of the public
money or to the regulation and adjustment of the vast
and great interests OF the different portions OF the
ederacy had thought by the constitution vested in
Congress; but the bill takes them from Congress- great
and extensive they are, and leaves them to the dscre
hon OF slngl man. Why, We all knowgentlemen here
admit-,he conflict that will arise whenever it is deter
mined what route this road shall take-whether il shall
go to the north or to the south. They know the i'm
mense influence will exercise in building up the section
OF country where il goes, and injuring that where it
does not 60 Yet gentlemen say, indispensaby
sary is il 10 have The road that they will take all that
power from the representatives OF the people and vest it
in executive discretion, alone.
Mr. President, there is but one term in my judgment,
which will characterize measure of this kind 1t is a
rape OF the constitution. The constitution has vested
these powers in the legislature. The bill wrests them
from the egsaiue and confdes them to irresponsible
Executives for he is not responsible under the consttu
ton, ior the exercise OF this discretion
What is the next power' The Executive is TO make the
contractshese immense contracts which to inv olive
an expense, all admit, OF at least 500. 100000 The
Executive is 10 make these contracts and to dispose Of
them at bis discretion. Congress has part nor lot in
making them The people OF the United States create
agency, through their representatives by which the pub
c money is 10 be expended but II is given by this bill,
almost by rapne, 10 an irresponsible Executive. And
the bill insugates the President TO DISPENSE far
practicable, with preliminary surveys The language of
the bill is that he shall act under il early day"
And that emphatic language is repeated in snbsequen,
part OF the bill insligating him 10 go Immediately TO
work to determine where the road is to go, and at
early day commence its construction Is this the Ian
guage OF solidy OF Judgment Is il language which be.
the representatives of the States OF this conedera
cy when they are ordering an expenditure OF some
Sl00 900 OF the public money! 1t is to be done at
an early day-almost with indecent haste.
Sir there is another clause in that blone that struck
me with extraordinary force. The honorable senator
who reported this bill from the committee undoubtedly
did what he thought Il was his duty TO do in reporting
He cred n af nant Nac,
this connexon, that the extraordinary ends which the
bill proposes TO be attained by the extraordinary
means which the bill contains What are they II is
proposed TO pass through the Territories OF the United
States by the poenalfty OF law OF Congress, and il is
proposed 10 pass through the States by the OF the
Satesthat is TO say, that IL the States be in
vaded by this federal power then the federal power is to
construct the work within their limits Now, submit
1t TO the honorable senator IRON Texas, and submit;
IL TO every senator upon this floor, where do you
find anywhere in the constitution the power in State
TO enlarge curail qualify TO any extent the power
OF the federal government Is this TO be added TO the
platform which spoken OF by the honorable senator
from South Carolina, as presenting fundamental law,
potent than the constitution itselfihat where the
constitution is silent, any State increase its power or
enlarge II by its single assent.
Sir. the language OF the constitution is his-and beg
10 call the attention OF senators 10 ittha the laws made
pursuant TO the constitution supreme within the lin
its Of the States and when the federal power goes
into Stale, armed with law OF Congress- it goes there
with supreme power and the State legislation bows be
fore it, But by the terms OF this BILL the law OF Congress
goes WitDlu lne OF ana otae 10
give It's sanction 10 H. thereby giving strength and vgor
II this be the law OF the constitution, then is ia the
power OF any State whatever TO enlarge and ampy, or
10 restrain and control II, at ats pleasure, And yet
The honorable who reported this bill from the
special committee, appreheni. found himself under the
necessity OF so constituting the constitution, in order 10
give his bill any value.
Again, SIR the bill creates corporation, and corpo-
ration 10 act where To act through the whole confed-
eracy and based upon the public treasury; not such
corporation the Bank OF the Usied Sates-snd, by
the way, that could be chartered by Congress
u was most eloquenlly said by senator from Ken.
lucky, now longer living. they had esored TO almost
every clause 10 the constitution TO find authority for il,
that he called IL vazfsn po Here is a corpora
ton proposed TO be cresled for the purpose OF federal
agency, based upon the federal treasury And what j.
the corporation. and who the corporstors They
the body OF the contractors for the work. The President
them Is TO control this corporation, for he selects the
contractors The President is TO designate who these
copotaors are to be- and II is by his fat IN the
oise OF the patronage given TO him. that this immense
poration s TO be called into being The bill presents
body Of contracors TO make this railroad from the Pa
cihc TO the Mississippi, aud you are TO pay them from the
pube treasury, partly ~ land and partly in money. You
pay Them full equivalent for the work they to do
and then when YOU have done that, you create them
into corporation and present them with the work, and
they are to draw the whole emouments from it, Sir,
this extraordinary machinery It found necessary in
woke IN order TO enable the federal government TO
cse power not granted, and through agency
to the constitution
Look al the OF that clause "Thal for the pur.
poses OF THIS act the contractors their associates and
SUCCESSORS are hereby created and constituted body
poluc ana corporate by the name" &c These men who
contract TO do the work under the selections and desig
nations TO be made by the President are created into
corporation the federal agent To do this federal Job