The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-19
TIIIRTY-sECOND CONGRESS-.
SECOND SESSION.


| WASHINGTON, Feb. IS, 1853
The Senate called order at twenty minutes past
| IL o'c ck.
THE PACIFIC RAILROAD BILL,
Mr.. GwIS, (dem.) of California moved to take up the
Pacific Railroad bill, which was agreed to-
Mr.. HAMIIS, (dem.) Of Me- gave notice that on Monday
he would move to take up the bill Miss Dx's) for the
benefit of the INDECENT insane
Mr. BUTLER (dem of s. c., said he hoped the Texas
Debt bill would not be overlooked
Mr.. ADAMS (dem.) of Miss, said that as soon as this
bill disposed of he would insist upon considering the
Homestead bill.
Mr.. HUNTER, (dem) of Va, said that Of the Ap-
preparation bills would be before the Senate to morrow
and that they ought not to be deferred.
Mr.. BRoDnEAp, (dem.) of Pa said the bill granting
to all the soldiers of the last war 100 acres of land was
most important and un less it reported by the Com
mittee Public Lands soon he would to add it to
the appropriation bill
Mr. DAVIS, (whig) of Mass presented by consent the
credentials of the Hon Edward Everett as Senator for
six years from Massachusetts, from the 4th Of March
next.
Mr.. COOPER (whig) OF Pa, who had the floor on the
Pacific Railroad bill not being present,
express his views the subject of railroad bills par
tcuarly with respect to the bill granting land to the
State OF Arkansas for railroads. which passed
weeks ago while he was absent.
Messrs SEBASTIAN and BoRIAND made explanations as to
the Arkansas Railroad bill
Mr. COOPER spoke for hour in opposi ton to the
BILL and in favor Of Mr.. Brodheads substitute which
strikes out all after the enactng clause and inserts pro
visions for preliminary survey and exploration of the
country, with view to ascertain the most practicable
route for the construction of the road.
:, Mr. DODGE ldem OF Iowa. and Mr. GEyEE (whig) of
Messrs. souIE and BRADBURY said they would vote
against the substitute but not thereby regard
ed friendly to the bill as it now stood
Mr. Brodheads substitute was rejected, by yeas %,
YrAs-Messrs. Adams Bayard, Bright, Brodhead, But
ler Charlton Chase Cooper Dawson, De Saussure Dodge
of Wis, Fitzpatrick Foote Hunter Mason. Morton, Nor
EAys-Messrs. Atchison, Badger, Bell Borland Brad
bury, Brooke Cass, Clarke Davis Dodge of Iowa. Doug
las Downs Fech Fish, Geyer Gwn, Hamlin. Houston,
Rusk Sebastian, Seward Shields Smith soue Spruance
Summer, Underwood, Wade, and Weller.
Mr. BUTLER moved an adjournment Lost.
Mr.. MASON (dem) of Va, addressed the Senate in
earnest opposition to the bill He said the constitution
and it had right to delegate irresponsible execu
tive He 1t rape the constitution of the
vest it in the executive. He examined other provisions
of the bill and held them to be entirely unconstitutional
If this bill became law, need fear Of being
cuded the democratic party for then there would be
parties in this country, the in power and the
one in opposition. The only element and principle Of
party then would be the power of geld The constitution
would be gone The government will become of un-
limited power and charged with unlimited control Of the
Mr. PRATT (whg) of Nd followed in reply contending
that there constitutional obligation the federal
government to put itself in such condition towards the
several States to enable it, in Of foreign to
defend each Of them road to California indispen
SADLY necessary to the protection of California and there
was an express constitutional obligation to construct the
Mr. MASON moved to refer the bill to the Committee on
Roads and Canals.
Mr. RusK, (dem.) of Texas, said that by failure of
Congress discharge its constitutional duty of protecting
the people Of the frontier territories and California,
heavy tax of $500 laid every going coming
from that State This bill repealed that TAX, and afforded
means of protecting the people Of these territories and
Mr. SoUE asked what would be the condition Of this
law # the next PRESIDENT should say that he did not find
duties by him which this bill imposed.
Mr.. BELL (whig) Of Tenn said he would find that 1t
was his duty to execute the laws Of the United States
Mr.. RusK said that the constutonality of this law
would have to be decided upon as in the case of every
other law.
bill, and lost by yeas 1S nays 33-as follows
Yeas-Messrs. Adams, Bayard Bright, Brodhead But
Hunter, Mason Norris rearce Petit Phelps souc and
Touccy.
Cass Chase, Clarke Dodge OF Wis. Dodge Of Iowa, Dou
glas Downs Fish. Foot, Geyer Gwn, Hamn, Houst sn
Jones Of Iowa Jones Of Tennessee Miller, Pratt Rusk,
Sebastian, Seward Shields, Smith, Spruance Sumner
Underwood, Wade, Walker, and Weller.
Mr. PRATT moved amendments providing that the con
sum appropriated in this BILL and that the corporation
should not have banking powers. Agreed to-
,. Mr. WELLER {dem o. Of Cal CAL moved to strike M % out the
acted that for the purposes Of this act the
their associates and successors are hereby created and
the Pacific Railroad and Telegra ph Company, by which
they sue and be sued plead and be impeaded
and have and enjoy all proper remedies At law and in
deem necessary and have and use common SEAL They
may also open books and issue certificates of stock and
perform all other acts necessary to carry into effect the
provisions herein contained provided however, that the
provisions of this act shall have force effect what
within the limits of any State without the consent
Of the Legislature of said State, previously had and OBJ
| tanned"
fIp 1xyn n in Ie
gress had the power to create corporation within the
States, and not having the power no consent by the
Mr. UNDERWOOD said that if that section be stricken
out the inducements to private citizens to engage in the
| work would be gone.
Mr. RusK said he could show former legislation wherein
| the same power exercised
Mr. CAss said ho not bound by any previous legis
ation Bank of the United States had been establish
ed but he not therefore, bound to admit that the
| power existed to charter It.
Mr.. ToUcEY, (dem) Of Conn, commenced, at quarter
to FIVE o'clock to speak in favor of striking the section
out, but becoming too ill to speak, unable to pro.
Mr.. soUIE moved an adjournment. Lost, by yeas %
nays 81.
Mr.. ToucEY said he felt too unwe to proceed but
the Senate wied It, he would endeavor to do SO.
Several Senator's appealed to the majority not to force
the Senator TO go on
| Mr. UNpERwoop said he would not consent to compe
the gentleman to speak night and moved to adjourn
Much confusion prevailed and the motion was agreed
to- by 80 to nays 15 and at ten minutes past five
O'Clock the Senate adjourned
House of Representatives.
WASHINGTON, Feb 49, 1853.
| STEAM REVENUE CUTTER FOR TIE PrCrF1c, ETC.
The Speaker laid before the House several executive
communications among them from the Secretary o
the Treasury recommending appropriation Of s75
for the construction Of steam cutter for the Pa
cGc coast Referred to Committee of the Whole tn
state Of the Union
| PROPOSED REVOLUTIONARY PENSIONS ETC.
Mr.. WILSON, (dcm Of Va asked permission to rep0r
BILL from the Committee on Revolutionary Pensions TO
the relief Of the family of colonel who fell at the hea
of his regiment He said the bill recommends
unanimously by the Committee who had had no oppor
tunity to report 1t for the past year.
Mr. EASTMAN (dem) Of Wis, objected, saying he ha
his drawer full Of bills ready to report
| THB LIGHT HOUSE
Mr. DUNCAN, (whg) Of Mass, from the Commerce, re
ported the Lighthouse BILL which referred to the Com
| mittee Of the Whole ON the State of tho Union.