Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-02-04
HOUSE OF REPRESENTATIVES,.


The SPEAKER laid before the House the annual re-
port OF the Commissioner Of Patents which referred
the Committee Patents and ordered to be printed
Or motion of Mr.. TAYLOR, of Ohio the Committee on
Printing instructed to inquire into the proprety OF
printing hundred thousand extra copies Of the report
INSTRUCTIONS TO TRANSPORTATION OF THE MAIL.
Mr. JONES, of New York, moved to reconsider the
vote by which the House referred ethe COMMITTEES Of the
Whole the of the Union the bill to the safe
transmission Of the mails of the United States upon
railroads.
Mr. OLDS said that when he reported this bfrom tho
Committee the Post Office and Post Roads yesterday
haps the Erie difficulties had given rise its introduction
at this time He then felt too much indisposed to make
any remarks the subject and scarcely able to do
1t appeared to him that the state OF affairs now
existing at Erie such to demand from Congress
some action in regard the safe transportation of the
United States mail upon railroads passing through that
town. The bill drawn with special care to guard
against conflicts between the jurisdiction Of the United
States and the jurisdiction of the courts Of
and any order coming from any court Of Pennsylvania
for the obstruction of the passage that railroad could
be executed, notwithstanding this measure Since their
action upon this bill yesterday telegraphic despatch
had been received showing that the mob had again taken
possession Of the railroad Erie and demolished por
ton Of it,
from New York paper, acknowledging the receipt Of
Western papers by way Of Canada hours after
the mail usually hand the railroad through
Erie. He had in his possession Detroit paper which
discussed and showed that the Western people con-
sderng the propriety of pettoning the Post Office De-
partment transmit the Great Western mail through
Canada in order avoid the delay that must necessarily
from the consequences Of the Erie disturbances
He then dsclamed any feeling in the matter, either
against the State Of Pennsylvania the people Of Erie
What he was doing and saying was merely in the dis
charge of his duty member Of the Committee the
Post Office and Post Roads. He urged that the House
should aet speedily If the bill had been drawn
loosely if it incorrect the House should perfect it
the exgeuces Of the mail service required some speedy
action in the premises.
Mr.. RITCHIE, of Pennsylvania, said that the bill
der discussion was long one, and from its reading
he thought it very doubtful whether did not exceed tho
constitutional power Of the House. IL well known to
every member that there already ample laws in
istence for the punishment of any person attempting to
obsruct the transportation of the mails of the United
States, and the endeavor of the BILL far he could
judge from its reading not to protect the mails, but,
under of doing to put the railroad companies Of
the United States in this attitude that when they fraudu
eny invaded the territory of any State in defiance Of
its laws and without charter and when snch proceed
ngs attempted be put down by the people of that
State it should be construed obstruction to the
mails of the United States and be punished accordingly
This question arising under the common law, the
right to abate nuisance. When o mans property had
been fraudulenty invaded without shadow Of right and
when he attempted to defend his property, should
he be interered with by making it obstruction the
mails of the United Statess This bill attempt to
abolish the common law right to abate nuisance.
With regard to this very road about which the House
had been alarmed this morning that part of it which had
been taken in Erie upon the western sde and be-
longed to that fraudulent Franklin Canal Company which
the supreme court of Pennsylvania and the circuit court
for the western district of that State had declared to be
fraud, and which the same circuit court had refused
to grant injunction to restrain the people from tear
ing up He hoped the motion to reconsider would be
voted down.
Mr.. CAMPBELL, of Ohio, said that he did not parti-
cpate in any Of the feeling which grew of local nte
rests because he fortunate to represent dis
trct which not very largely concerned in this Erie
question; he might say his district not very deeply
infar tod in tho NV pcsio ne Tho,
But few weeks since, when visit to his family,
he had occasion to spend evening in the city Of Gin
cnnat the great commercial metropolis Of the West He
there attended meeting, which composed Of the
great commercial interest of that city, and had oppor
tunty to confer with the merchants of Cincinnati those
interested to very great extent in the commerce Of the
Valley Of the Mississippi The great complaint made by
them the serious inconvenience growing out of the
distractions Of these mails, by which their remances
made. That meeting, which was overwhelming in
its numbers and in its character deiberated upon this
subject and passed no agtating resolves Immediately
his return to his seat upon the very first opportunity
scented him, he introduceda resolution calling the Presi
the House information to the official accounts
which had been received at the Post Office in
reference the distractions to the mails of the United
States in order that when they should be called upon to
act they could do so ntellgenty. Where did OPPOSE
ton to this resolution come from 1t from the State
of Pennsylvania the hand and from the State Of
South Carolina the other for gentleman from tho
latter State, (lr. ORR) when the House about to
act upon the resolution few days since Mt the only time
Wnch ~ oouu oe eaheu uhuer tue ruies Ho'eu
il on the table, doing upon the doctrine Of strict
structon.
The gentleman from Pennsylvania (Nr. RrrcHrE) had
planted himself upon the position that although the Fede
raj Government had the right to establish post routes
yetit had pass law to protect the transporta
ton of the mails lie (Mr. c. well recolccted-and he
referred to the fact for the purpose Of showing the reasons
why he thought Pennsylvania putting false
aud selfish position upon this questionthat few years
ago effort made by Pennsylvania to strike
down and destroy that beautiful structure the
Ohio river at the city of Wheeling This question
carried into the OF law and decree procured
declaring the bridge nuisance and ordering it to be
moved Congress exercised the power of declaring the
bridge be post and it this power Of Con-
pres exercised in relation TO the transportation OF
the mails that saved that structure from destruction
And now gentlemen put themselves upon the position
that the Government, although might have the power
establish post routes had not the power in the
provided by the bill before the House. protect its mails
According this doctrine Congress had the right build
place. yet they had not the power to punish who
would apply it the torch midnight and destroy the
edfce after it had been erected at so much He
held that il the Federal Government had the power build
custom houses il had the power to protect Them II it
had the to establish post routes and transport the
mails, ii had the power to protect the mails.
Mr.. STRAUB was understood TO inquire whether tho
Legislature Of Ohio had refused act IN the pre-
misses and if So would the gentleman be kind enoughto
tell the House the reason?
Mr.. CAMPBELL confessed that he was not very fully
posted up the proceedings of the Legislature OF his
State the reason which he very frankly that he
had the very highest degree of respect for any thing
that that body might do He bad seen some things very