The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-02

pending the public money from the federal treasury for Inn
pfovcnents within the limits OF Stale Did thai obDec
ion exist 10 the bii thought not. Tor two reasoss
rs upon the general ground that this local OBJ
eci-tha, il great national work more national than
anything proposed since have known anything o pub
lie aiairs and therefore clearly within the consltu
ioDa power oil the federal government 10 make the road
Admitting the power Of HE government TO make The
road, as national work would involve, oil necessity,
the exercise of the means within the power OF the gen
government. which deemed necessary Tor It's con
sruetion II appears TO me 10 constitutional Also upon
another ground, and which Is the second why
was satisfied with the bill without any amendment, and
that is that the assent OF Stale before commencing the
work within its limits was condition required by the
provisions of the bill Such consider the character oil
the bill as stood before the amendment offered TO
it, For that reason, conceive there necessity
for any amendment even TO save The political conscences
II has been said by those who have had this bill spe
caIly in charge that the amendment has dlsjonted it.
think that such will be the effect OF IT, Sir, there is
fact which il to must strike the mind OF every
senator at oncehat that this amendment introduces
various agencies in the construction OF the work which
might not act together haImoniousy There are three
States al least through which this road is likely 10 pass
The company forbidden TO make the road al all within
the limits OF State It to each State the power
OF making the road within lis own limits What, then,
is the effect and result OF this amendment! Why, that
you have company operating in the Territories under
the authority OF the federal governments and if il so
peases the several States through which The road will
pass, you will have three other companies operating
within the States, and constructing the roads there.
There four agencies thus provided for What har-
mony can there be in such case or what concert OF &C.
ton! What security have you that these different agen
cies will act together? None Senators may say that
they would from of their own interests. unite
and act tremendously together That may be posi-
bility. II may be probability but hold that in
important as this we should leave nothing to
possibilities or probabilities but fix upon the terms OF the
bill as we have in all other cases. SO that there shall not
be any uncertainty nor anything left TO what may be
considered peculiar local sefnlerest or that OF any party
interested in The work. -. a.-4.
The honorable senator from Illinois, [Mr DouGLAs,l
| in cnst min the IA
offered, and which carried on Saturday, made what
might be called specieus argument, and, 70 my mind.
one that proved entirely much he reminded the Sen
ate that this amendment did not withdraw any Of the
which the bill provided for the construction OF the
road He said the amount OF land provided in the Terrific
es and in the States remained the and the amount OF
the money--$2o 600 OO0-remaned the same fiat there
reduction in the means, either IN money or IN land
He argued that therefore there could be no objection 10
and the company who might undertake the work would
have all the which the bill provided before and
that the only limitation was that they should expend
ia the Territories and not in the States. 1t only limited
the application OF the to narrower space, so that
the company would have more means to expend on The
Territories They were not, therefore, limited in the
means, but the power of spreading 1t over the whole
extent OF the road in the States as well as the IerI-
tories
say that argument proved too much for his position
Ii the argument had any force IN II, It meant that they
would have more money than would be necessary 10
build the road in the Territories What them ask, is
10 be done with The surplus, after building the road in
the Territories The senator had objections to giving
all this land, and these 900 BESIDES TO make the
road although according TO his argument, The $40 000,
900 in addition TO the land was more than sufficient 10
build the road in the Territories What 10 be done
with the surplus Should they take the money raised
upon these twenty millions of bonds, and apply to their
own private purposes or, TO show the practical opera,
ton OF it, could they put that money in one pocket, and
take money from the other Tor the purpose OF building
the road IL is objection that The money shall not be
sen, OF the State, build great national work. which
all admit TO be national and necessary Tor the public IN
eIesi And none have conended for its nationality more
than the senators from Illinois But though you may
give money to the company lor purposes OF private
profit you cannot under the constitution, as under
stand this argument give money TO company 10 build
the road within the States, with the consent oil the States
But you may give them money to build road IN the
Territories, and there be surplus, let them apply II
for their private purposes. II not, what is 10 become OF
the surplus, | ask Z .
confess am some W hat inclined 10 think as the SEN
ator from Texas said this morning that he did with
gard TO these arguments that there is altogether too much
metaphysics III them, llhnk there was lt0e too much
refinement upon the constitution in them My friends
have generally considered me as sufficiently narrow IN my
construction OF that instruments but II seems 10 me that
this construction is lille too narrow Tor my comprehen
sion. The distinctions little too nice and mcaphys
cal The proposition is IL ! understand the argument
that this is great national work. All admit that IL
comes within the power OF The general government to
make such work. or to authorize the construction, and
appropriate land and money Tor H. IL Is competent for
The government the exercise OF that power TO appro
PIRATE land and 10 appropriate $40 900 TO the use OF
company for the purpose OF making the road They make
II within certain limits. and II there be surplus over and
above the amount which may be necessary Tor The road
they may apply il for their private uses; but when
they attempt carry road Within the limits OF State
even with the consent OF the Siale they debared by
the constitution. Whyl ! cannot answer the question
II TO there answer TO IT, and tor that rea
conclude there is no foundation Tor The proposition
al all am unable TO how you can grant money 10
company to build road, and permit then 10 take the
surplus for private USE and not permit them TO apply to
the construction oil continuation OF The road IN State
with the consent OF the State first had and obtained
Mr. President, dill intend 10 60 further into the con
ration OF this subject 10 examine the operation OF this
BILL and especially the proposed amendment as 1T will d.
ecly affect the interests OF my own Stale but as pre-.
Ter votng-sonetbng practical and TO the pont-ratber
ID speech ing and in order that this bill may, n
can pass it, 90 to the other House, and become law
at this session, will abstain from saying anything
further
Mr. SMITH asked for the yeas and nays the
amendment. which were ordered
Mr. GWIN. The question, believe, is on the adop-
ton OF the amendment offered by the senator from lli-
nos and adopted on Saturday evening, which has been
reconsidefed. hope that the Senate will vote down
that amendment hope the friends OF this measure will
rally its support in the form in which IL was maured
in committee OF the whole and reported TO the Senate
because believe that II you open the door TO amend
menis, you will lose the bill even in the Senate be-
was in late on Saturday evening" before The amendment
OF the senator from Illinois was offered, there may be still
some hope of it's passage. And inasmuch as we have
spent deal OF time in maturing ibis bill and bring
ing OF the committee OF the whole into the Senate
hope that may bring 1t back 10 the shape in which
was Saturday evening, and that IN that form II may
be passed. am not going into this argument about The
consliiu,onay of voting money Out OF the treasury OF
the United States to build military or postal road through
the States OF this confederscy with the consent OF the