The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-04

SEc Is. 4ad 6s "a f4to saa'ted That for the purposes
hereby created and constituted body polite and
corporate by the Of" The Pacific Railroad and Teo-
Sued, plead and be mpIeaded and have and enjoy ali
proper remedies at law and ia equity, may organize and
and use common seal they also open books and is
certificates OF stock and perform all other acts neces
Provided howper, That the provisions of this act shall
have force effect whatever within the limits Of any
State without the consent of the Legislature OF said State
previously had and obtained
the President OF the United States shall cause
the public lands through which it passes to be surveyed
and whenever, in his Judgment the same may be necos
say, order troops and military accom- pany aud
protect the persons engaged in tho construction Of said
road
Mr.. SMITH. / desire 10 move slight amendment
with to ncongruty that appears the
fourth section Of the bill move 10 strike the word
Throughout in that section, and insert the words "by
contract as hereinafter provided
MIR. RUSK. That correction is necessary 10 make
the sense perfectly plain
Mr.. NORRIS. | would like TO inquire OF the Chair
how this bill comes before the Senate
The PRESIDENT. The Chair understands that on
taed this bill for the bill then pending before it, and that
the question is upon this amendment reported by the
committees as a substitute ior the bill
Mr.. NORRIS. do not know how that was see
that this is reported by the committee substitute for
another bill, proposing to strike out all after the enacng
clause. That is the record
Mr.. RUSK. will explain to the honorable senator
This bill Is substituted on the special order for bill $50
reported from the special committee, and proposes to
insert this by way of amendment lis, therefore, sub
sttue, and open amendment, and the question will
be upon striking out all OF the original bill and inserting
this
Mr. NORRIS really do not understand this matter
If this amendment has been adopted by unanimous
sent in lieu of the original bill which was up yester
day. all amendments are foreclosed.
Mr. RUSK. The senator is mistaken in supposng
that this bill adopted is not adopted is only sub
stitue the calendar for the bill 562 Such the
understanding when the order made. The change
in the calendar is made as to make this the original
Mr. BoRLAND ] would suggest to the senator from
New Hampshire, Mr.. NoRRs,l that his difficulty is
avoided by this view of the subject The other bill.
which was under consideration and made the special or
der for yesterday is not under consideration at all II 10
laid aside by consent and this substituted
in its place as the special order for to-day We
considering this bill by ITSELF without reference to
any other bill whatever.
Mr. NORRIS. | would like to know how the journal
makes tbs stand, for it seems 10 me it is most singular
The PRESIDENT The Chair will state 10 the hon
orabe that there rule OF the Senate observed
in this case By unanimous consent the other bill was
set aside and this bill made the special order This 10
separate and distinct BILL and has been read even
first and second time. The unanimous consent being
given, the Chair considered this taking the place of
the other BILL which being considered in committee
Mr.. NORRIS would respectfully suggest to the
Chair that this is not bill, but amendment.
Mr.. RUSK This is a proposition to strike out tho
original bill and substitute what has been read. Tho
original bill for the protection OF the emigant route,
the Missouri river and the settlements in California and
Oregon, and this proposition to strike out all after the
enacng clause of that BILL and insert this as an amend
men,.
Mr. NORRIS. That is just my understanding exact
ly.to strike out the original bill
journal relating 10 this matter
"TGe Senate resumed, in committee OF the whole, the
bill for the protection of the emgrant route, and tale
graphic ine and for an overland mail between the Mis-
sour river and the settlements IN California and Oregon'
with the amendment reported thereto
"On motion by Mr. RUSK,
"Ordsred That the further conside thereof be post
poned TO and be the order for tomorrow.
Mr.. BELL. | no rregularty in that 1t is per-
ecy in the power OF the Senate to have taken up tn.t
and referred TO tbe-seect committee, and make II the
order for to-day This bill is the product OF the labor
that committee, and il 10 me that IT Is perfectly
in the power of the Senate, without any violation OF
rule, TO make il the order for future day. This not
the bill we had up the other day; that bill still stands
Mr.. NORRIS This is reported by the special COM
mittee amendment TO the original bill.
The @ PRESIDENT That is the state Of the case .,
the all understand IT, Al the last session
reported from the Committee on Territories bill 396.
providing for emigant posts and overland mail to Cali
forna This session the senator from California MIR.
GwS] brings in bill (No 56o) for Pacthc railroad
Pending the discussion OF the bill $780, the Senate refers
bill 396 to special committee That COMMITTEES report
a substitute for 1906, which they offer by way OF amend
ment Then is the desire Of the Senate TO consider
the report OF the special committee the Senate by nnan
instead of considering the bill introduced by
the senator from California. Bill No 396 is therefore
under conslderalon-that is bill for the protection OF
emgraat and military posts, &c and the subsi-
u,e or amendment reported TO It by the special commit
tee is railroad bill So that there can be no irregular
| ity in the proceeding as il now stands.
/ Mr. BRODHEAD The first question presume, men,
is upon the amendment offered substitute by the sen
aior from Texas, Mr.. RUsK
The PRESIDENT. The first question u upon tho
amendment to the amendment offered BY the senator from
Connecticut, Mr. SMITH
Mr. BRODHEAD. | have amendment to offer in
the shape OF a substitute for the whole.
Mr. DAVIS | would suggest to the senator from Con-
neccut Mr.. SMITH 10 transfer his amendment to the
I first section, after the word Constructed"
Mr. SMITH. That will answer the same purpose. l
will move, then, TO insert after the word constructed
the words "by contract, as hereinafter provided"
The amendment agreed to-
! Mr. BR0DHEAD now move to strike out all atef
the enacng clause, and substitute what send 70 inc
Chair. -,
/ Mr. DOUGLAS. | would raise the question whetner
or not such motion can be entertained -
/ The PRESIDENT In the opinion OF the Chair u n
ou, of ORDER because there is proposition now before
the Senate to do the same thing
| Mr. BRODHEAD. In that case. ask merely to have
il read for the Information oil the Senate, and a the proper
time will offer il a substitute.