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

cannot do, construct road and enter INTO business
upon 4 with which this government has no concern,
equivalent TO incorporating company 10 carry on com
merclal business, or equivalent TO opening railroad with
me assent OF the States from Boston New Oreans-f
these features OF the bill shall be expunged il will be ne
cessary Tor the Senate 10 reexamne the whole measure
and TO put II in new form which may obviae every OBJ
intended
Mr., GEYER. presume the section is susceptible OF
amendment before the vote is taken striking out
move. therefore, 10 insert after the word corporate
where llrsl occurs in the secion the words wilhn
the Territories OF the United States" so that shall
read This company shall be constituted body polite
and corporate within the Territories OF the United States
and TO add, between the words 'and" and s'perform"
me words within the Territories Aforesaid that il
shall read
They may also open books and issue certificates of
stock. and within the Territories aforesaid perform all
oher acts necessary to carry into effect The provisions here
Mr.. DOUGLAS | wish 10 make few remarks in
reply TO The senator from Connecticut [Mr. ToUcEYl
without following him through his argument He frs
states mat IS proposed to create mammoth corpora
lon more odious than the Bank of the United States
with power, from the Mississippi river TO the Pacific ocean
within 70 limits OF he States Of this Union. emit bills
o credit and draw bills Of exchange. He repeats half
dozen times that there other terminus to this road
onl 'he NssissppI rive and the Pacific ocean 1t was
necessary 10 repeat that statement in order to found his
argument upon It, II was necessary for him to make
out tat the road was to start from the Mississippi river
In order to show that il started within State of the
ohion ior II he ana not prove that it started within
state ms argument fell to the ground But while il was
necessary tor his argument to that it did start at
the Mississippi river the bill ITSELF in many wods
expressly conlTadcs, denies. and reues the statement
According TO the bill II does not necessarily commence at
point on the Mississippi river al all According TO the
bill II does not necessarily begin within any State
OF the Union According to the bill 1t is not necessary
That one inch OF the road should be in State of the
Union. According TO the bill, therefore, il does not erect
any such unconstitutional corporation according to
ms own principles as he has erected in his speech for the
purpose OF operating against the bill in the country What
islhe provision OF the bill!
" II shall be the duty OF the President OF the United
states TO cause to be constructed soon be
cabie alter the passage OF this act railroad and tele
graphic line connecting the valley of the Mississippi with
upon the terms and conditions hereinafter prescribed"
The points for the ermni are 10 be selected by the
President, one in the Mississippi valley and the other
on the Pacific coast. Cannot those points be Sc
eced without entering the limits OF any State of the
Union! May you not start at a point in the Mississippi
valley, on the western border of Missouri Iowa. or Ar
kansas and run TO point on the Pacific ocean, in the
Territory OF Oregon, without entering the limits of any
State OF the Unlons II is consistent with the bill that
such should be The and if the senator admits that il
would be unconstitutional to enter the limits of State
does he not as lawyer, know well that he has right
to put construction upon the bill which would make il
unconstitutional when different construction, equally
consistent with its terms, may be put upon it, which
would render II constitutional
Again he objects TO the bill, because he is unwilling
TO make the duty OF the incoming President OF the United
States in the beginning OF his administration, TO execute
an unconstitutional act Sir with the terms of the BILL
the railroad to be constructed enter the limits
of State, unless General Pierce shall say so.
Mr.. MASON. Will the senator yield me the floor
moments
Mr. DOUGLAS. would rather not be in errupted
upon thus point.
Mr.. TOUCEY. 1 intend to reply to the senator's ar
gument
Mr. DOUGLAS The road can never enter The limits
OF State of the Union, unless General Pierce shall say
SO because General Pierce is 10 select the terminus
the Mississippi valley, and he may select il outside OF
State he is to select the terminus the Pacific ocean,
and ne may select 1t outside OF State He is also TO
ect The pass through the mountains; and he may select
the South Pass or either one OF several other passes
which does not touch State he is also 10 indicate the
general points in the line, and the residue are 10 be Sc
eeted BY the railroad company subject TO his approval
Hence, SIR, II under the bill dollar is expended or
one acre selected or one mile OF the road made within
the limits oil State, must be done by the free dis
cIeon OF General Pierce and not by the necessary
OF the bill That beng the case, how does il become
democratic senator TO say that he is unwilling to pass the
ac TO create mammoth corporation within the limits OF
State, when II makes necessary that the President
should violate The constitution, in conflict with
Congress at the very outset OF his administration II he
has confidence IN the fidelity OF General Pierce to demo-
cratic principles and the constitution if be has faith that
General Pierce would regard such act as unconstu
tona within the limits OF a State he has no right TO as
sumo that he will locate the road within the limits of
State The assumption is declaration OF total want of
confidence IN the President elect The assumption is
declaration that he will not trust the fidelity of General
Plerces principles IN respect 10 the constitution The
assumption, SIR, IS one which |, as democrat, not
willing 10 entertain, much less TO sanction have faith
that General Pierce would give such exposition the
act and execute IL, would be consistent with the
constitution OF the United States
MIR. President, know that the remarks which have
been made on this occasion not intended for the Sem
ate much as tor the country am sorry at this stage
OF the session TO be compelled to reply 10 them but do
not intend 10 allow them 10 TO the country put 9TH
10 fase position, without showing that they not
only unwaanted by the terms OF the bill bu, in direct
defiance OF its provisions.
| The senator has assumed that this is 10 be a more
odlous corporation than the Bank OF the United States
why So Because he says, II has power TO draw drafts
every part OF the Pacific the Atlantic Sate. In
what section OF the bill does he find that power confer
red Wl The senator inform me have read the bill,
and find no such provision it. II there is one, would
be glad TO be informed where 1t is. know of right
conferred in this bill to exercise banking privileges no
medium; no right 10 do any act except that which
shall be necessary to carry into effect the provisions Of
the law OF Congress.
do not intend to 60 into defence OF the provisions OF
the bill in It's details remarked, at the opening OF the
debate upon the question, that the bill in all
spects in accordance with my wishes remarked, also
that might desire TO offer some amendments to it, II has
been my intention, if others do avoid my objections.
TO offer those amendments; and, sir the senator from
Connecticut cannot be unaware that they must, by
cessary Implication, exclude the construction OF the rail-
road by this government within The limits OF States |
say he must because he has heard me, upon this very
oo making the very point that Congress has power
10 make internal improvements within the limits oi
State He has not forgotten that fact, for remember
well what he said when compelled last session to
object to the project OF my friend from Michigan ls1r.
CAssl TO make canal within the State oil Michigan as
vioatye of that doctrine. Therefore my opinions are
well known, and deny his right TO put construction
upon this bill against it's terms, which would put ITS adj
vocaes in false position IN reference 10 ther own ex
al and cd