The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-01
THE UNIOM WASHINGTON TUESDAY MORNING. MARCH l. 1853

gisature. Then. whether the road was 10 be one
continuous work not depended upon Stale leglsia.
uon. The amendment OF my colleague 49, that this road
shall not be made through the States by the authority
OF the federal governnent and IN no other manner Than
by the authority OF the State derived from the legislature
thereof Therefore, the legal effect OF the amendment
IS precisely The same on that point as was The provision
OF the original bill II the road disolnted and divided
into several parts by the amendment, Il was also als
Jonted and sslded by The original bull Tor the legal enee
OF each is precisely the The senator, therefore, either
does not understand the legal effect OF ms original o
or he is mistaken IN urging this objection 10 The amend
ment. The amendment OF my colleague does not dis
Joint the bill II does not divide the road does no
separate into different parts IL does not involve that
ncongfuly OF which the honorable senator from leAas
spoke The same provision in substance and almost 10
terms was IN The original bill in two different places
was provided in the commencement OF the bill that me
road should not be made through any Slate except by the
consent OF that State Again, in the latter par oil the
billin the thirteenth secton- provided that The
road should not be made except by the express consent
OF The State, given through lis Legislature The amend
ent OF my colleague, therefore, only asserts and makes
more speehc that which was twice provided Tor IN other
parts OF the bill.
Then. since that amendment does not dsjont the bill
does not change It's legal effect it's being road
FROM one end 10 the other does not involve any OF the
ncongrues Of which the spoke does not pro-
duce any one OF the consequences which he dreads-l
again ask by what authority does he say that the amend
ment has killed the bill The bill is perfect now as
before. The means supplied in lands great and
the means furnished In money precisely the same The
facilities granted for making II are all the same. Them
what is the effect OF my colleagues amendment II is sim
ply this Certain friends Of the measure could not vote
Tor il Il this money was TO be expended in the States
but every man who could vote Tor the bill as was can
vote for now, without any violation OF principle The
effect OF the amendment is to relieve constitutional obec
lions the part of those who desired to vote for The
measure, without nterposing any obstacle which should
drive any original friend OF the bill IRON It's support
Mr.. RuSk IL has made some who could otherwise
vote Tor i not able now 10 vote for II.
Mr., DOUGLAS. !, may make some man who was
Tor 1t before mad and, from passion and disappointment
drive him against it, but not for any feason which he can
assign for his vote
MIR RUSK No, sir
Mr. DOUGLAS. There is no principle that can be
stated upon which who the advocate OF the
bill before justify himself in opposing It, The
amendment does not violate any mans constitutional
scnples while il obvales the scruples OF many who were
anxious 10 support The measute.
Mr.. PRATT, The honorable senator will allow me
to say that with this amendment. l. who was as warm
friend OF the bill any gentleman the floor, shall GER
tainly vote against the bill u# 4#
Mr.. DOUGLAS. That may be.
MIR. PRATT will state the reason why, II this
amendment be finally adopted, | shall vote against the
bill II will then confne the selection OF the route by
the President necessarily 10 northern route There
no public lands in Texas. The amendment excludes
the expenditure of any money in making the road
through Texas so that the bill neither gives land nor
money 10 run the road through that State II there
fore necessarily follows that it canno; be run there
along that route, which had hoped would be the route
adopted, and the President is excluded from selecting
that route
Mr.. DOUGLAS. The senator again shows that he
does not understand the original bill The original bill
provides that where there are no lands adacent to the
road equivalent alternate sections SIX miles wide may be
taken Tor that purpose elsewhere II The government is
not the of the land has sold the land or dis
posed OF it, made any arrangement by which II is IN
competent 10 convey the andsothe lands are 10 be Sc
lected in lieu thereof 10 make up such deficiency.
Mr.. PRATT. But the lands so taken must be within
The same ate and there no public lands oil The Un
ted States in Texas al all.
! Mr.. DOUGLAS. | doub, whether there is any luiita
ton which is have the effect apprehended by the sena
tor II so, verbal amendment would obviate The difh
Guilty which be made at any moment Texas has al
ready granted still larger amount. of lands, IN the
event the road shall be located through that State, and
thus held stronger inducements for It's location through
that State than provided in this bill If the road shall
run on line further north But have already shown
that The gentleman is mistaken when be says that no
money is provided in the event the road runs through
Texas The bill approprates $4,000 900 TO the compa-
ny whether the road shall be located in Texas or not
The company is 10 get that amount, no more and no
less no matter where or upon what line the road shall be
located whether through the States or entirely within
the Territories Hence, The senator will observe that
there is no foundation for his apprehensons IN respect to
the right. OF Texas By the terms Of this bill, and with
the aid OF her local legislation she will possess undue ad
vaniages in controlling the location OF the road But The
senator from Maryland that be will not vote Tor the
bill with that amendment Then he votes against II on
grounds oil policy. This amendment does not RAISE any
insupeTable barrier the score OF principle, and hence
its effect is TO avoid constitutional scuples and allow
gentlemen to vote for the bill who could not otherwise do
II does not erect an nsuperabe barrier which ought
10 drive any from who was before It's supporter
therefore say that the bill Is killed. II has been done by
the abandonment, OF lis friends without sufficient cause,
and not by virtue of lbe amendment Of nay colleague,
which has given il strength IN point OF
without diminishing ioa the resources provided Tor
/ the construction OF the road.
Mr.. WALKER 1 hope the question will be put on
my motion
| Mr. BELL | am afraid have lost the floor.
| The PRESIDENT. The senator from Tennessee
yielded il a long while ago.
MIR. ADAMS. | must insist on my point OF order.
| The PRESIDENT The senator from Mississippi
again raises point OF order The Chair is OF the opin-
ION as he has announced several times that this discus
sion is out OF order The question before the Senate is
on taking up the homestead bill but the Senate con-
4 troll its own action.
MIR BELL | wished to suggest
! MIR WELLER lbeeve am entitled TO the floor.
| Mr. BADGER The senator from Tennessee is emil.
/ tied 10 the floor. He gave way for explanation.
! The PRESIDENT. The senator from Tennessee
yielded the floor.
| Mr WELLER. And thereby lost his right to il
| The PRESIDENT The senator from California is
now entitled to the floor.
| Mr.. WALKER. On what question:
The PRESIDENT. On the motion to proceed TO the
consideration OF the homestead bill That is the motion
before the Senate
| fro CoNTINuYDl