The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-25

Mr.. UNDERWOOD. I believe. Mr.. President. that
the retention OF this corporation clause 10 called is
essentially necessary carry out the objects that
have in view and think that il strike os this sec
lion. the whole bill will be good for nothing, and will
be executed Now upon the subject OF lis execution
lei me say few words Where you End an individual
OF a dozen or hundred individuals who will have ca
pacy by private association TO execute the work But.
sir il you will allow thousands and tens of thousands to
come in, you Will have strength and power. and in that
way the work can be executed, What is corporation
in the sense that we mean by the term when we make
one by the bill Ii is nothing on earth but enabling
these thousands and tens of thousands who may be
sociaed for the accomplishment OF this great work to
use common name BY which they can contract Allow
TO say that II you require ten thousand persons TO
put their signatures 10 the bond, sign the
contract for piece OF railroad iron s-e, the
whole thing will become utterly impracticable With.
Out corporation if il becomes necessary TO sue or be
sued, you could never bring suit OF that to
till the end of time. The deaths which will occur, the
attachments which will take place in consequence OF
death, and the reviyals which will be necessary will
postpone the determination Of any such sui, until the end
of time, you have thousands to enter into it plain
fs and defendants All that that there shall be
name by which these persons, thus associang
for common purpose, can be reached. We want some
thing practical We cannot get II in any other way than
through this common name
think the Bank of the United States was objected to
because there object foreign to the powers EN-
braced by the constitution brought forward and secured
in the operations OF this government by that charter
much opposed TO enlarsng the objects OF the fede
raj government any living But in regard to the
execution Of the powers which haveand that Is the
dstinctlon-we may execute them by corporation or
by anything else; but you have not right to make a
object TO enlarge the powers OF the federal gov
eminent You cannot get along practically in this asso
citation for this purpose, without some common name
by which all these persons may be regulated II is.
however, too late in the day to make speech No
doubt every senator has his views upon the subject and
therefore will simply content myself with asking for
hs as only 10
that the government of the United States did not original
ly incorporate the Chesapeake and Ohio Canal Company.
That company was incorporated BY the legislature Of
confirmed that act Of Incorporation far allow the
company which might be formed under provisions to
IN the limits OF the District Of Columbia. over which
Congress had jurisdiction, and no further That is the
language of the act
Mr. iOUCEY. Mr. President, hope that the mo ion
othc senator from California TO strike out the thirteenth
section, will prevail regard the subject of uniting the
valley OF the Mississippi with the Pacific coast by rail.
cation Of the unfortunate -Bulwer treaty, which
to Great Britain the ascendency in Central Amer
lea, regard of vastly increased importance
to unite the Pacific with the Atlantic States by railroad
the contnent and declare here thai am will
ling TO 60 to the whole extent of the powers OF this gov
ernment according the constitution accomplish this
object; but can go no further. The bill as il now
stands contains two provisions which must meet with my
incorporating opposition. II authorizes the consuc-
ton of railroad. as the private property of company
within the limits OF the States OF California, Texas, Lou
more OF them al the discretion OF the President II
Jurisdiction the soil of those States. author
ICES the construction OF this road through hem and il
appropaes money from the public treasury for that OBJ
ject
Now, sir wish to know if there is senator in this
body who entarlans the opinion that it is competent for
Congress TO construct road within the limits OF State
Is there statesman in this country who entertans the
opinion that Congress has the power to assume this ju
rsdicon, and construct such road any road, within
the limits OF State on any ground-eher the ground
OF the public welfare, or to carry any OF the
ted purposes of the constitution. had supposed that
that doctrine was entirely exploded had supposed that
who formerly enterained Has moi State sovereign and
exclusive power over its own soil and the roads
and canals within lis limits II has been said that Con-
gress has power TO establish" post-roads but will any
one say that that grant of power by the constitution
thorizes Congress to construct road, and in this
case to assume jurisdiction H. TO take possession OF
It, to control II, and 10 manage H. 10 regulate its business
and to protect il by federal charter by federal laws
Does any one suppose that the power TO establish post
roads is not only power to establish the existing roads
OF State as post according 10 the uniform
OF the government but also to construct ones
already existing not already opened and established
by the laws OF the State
II is enough to say that. if Congess possesses that
power, il can take jurisdiction every road and
nal in the country under color of post Office and mill
tary purposes. There is not highway canal, rail-
road, or a telegraph line in the whole country over
which, upon the same grounds, Congress might not
sumo jurisdiction. Ii Congress can do that this gov
eminent IS consolidated government and the sovereign
broad construction is to prevail, there ia no limit to the
power OF this government; and government OF such
unlimited power administered here could not long exist
IL is sad that, by the provisions OF this bill the assent
OF the States is required before the road be
ed within their limits. Bat can State leg slaute,
der the constitution OF the State, part with ls gslative
powers 10 the federal government ls there State IN
this Union where the people, in establishing consu
ton, have authorized The legislative body al their WILL
10 part with their legislative powers to Congress Can
they part with the sovereign legislative powers with
which the people OF the State have invested their egsa-
legislature alter the constitution OF State 9-jiyest
itself OF its own legislative powers and grant them TO
another government Again can the federal govern
men receive any such powers from the legislature OF
State Will any senator rise II bis place and affirm the
doctrine that State legislature part with any oil is
powers to the federal government or that The federal
government receive them except IN
expressly provided for by the constitution
Mr. BELL Will the gentleman allow me 10 ask him
Mr.. ToUCEY Certainly
Mr. BELL Can the State OF Illinois, in considera
ton OF receiving from the government OF the United
States three million OF of public land In aid OF the
construction OF road from Cairo TO Chicago stpnlae
that the company with which il contracts for the
srucion of that road shall carry forever free OF charge,
the mails of the United States, and all the munitions OF
and that the exactons upoa general travel shall
not exceed seven, eight, or ten per ceni.no matter
wha, to the amount II the gentleman admits that, he
admits all we ask in this bill.
Mr. TOUCEY. do moi doubt, sir, that legislature in
proper il authorized 10 make contract but il is
very different thing that the legislature Of State should
by one act to-day dves themselves for thirty years. or
for all time TO come, Of all legislative power over road
or over district within their limits The legislature Of
State cannot stop the public mall cannot interfere with
the Post Office Department cannot interfere with the pro-
gress OF an army; bat IL widely different matter 10