Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-07-15

longer than the time for which it is so paid.
SPEECH OF MR.. McDOUGALL,
OF CALIFORNIA,
ON THE PACIFIC RAILROAD BILL.
HOUSE OF REPRESENTATIVES, MAY 20, 1854.
The House being in Committee of the Whole on
the state Of the Union
Mr. McDOUaALL, Of California, said: Mr. Chairman,
the bill before the committee has been postponed
ed to this not for the that this measure was OF
less Importance to the country than other subjects pre-
sented for consideration. In my Judgment and believe
important one that has claimed the attention Of Congress
in peaceful es since the establishment OF the Federal
Constitution My object has been to secure for it the
calm and just consideration OF this body and with that
view have sought to and withdraw it from the
agtang controversies that have disturbed this hall dur
ing great portion Of the present session.
now ask Of this committee, and earnestly ask Of
them that they will give their calm and serious consdera
ton to this great question: for the purpose Of justly and
ntellgenty determining what action in the premises is
demanded by the country and what duty, any, is de-
yolved upon this Congress
regret that the rule Of this body limiting the time Of
debate renders it impossible for me to discuss the various
and complicated questions that relate to and directly
bear upon this subject will endeayor, however, to
distinctly the nature Of the presented by
the select committee and then state briefly some Of the
leading facts upon which found the conclusion that the
construction of railroad to the Pacific through our own
Territories is present political necessity and is OF the
very first commercial and pecunary Importance. shall
leave to honorable gentlemen however, to deduce what
they themselves consider legitimate conclusions.
The select committee from which this bill has been re-
ported was organized at an early day in the session After
much deliberaon and with great care this measure was
matured and presented to the House.
While the committee adopted many Of the features of
the bills heretofore passed making grants for railroad
purposes it thought for many reasons advisable in
this instance to guard with additional indeed with the
utmost the interests not merely Of the Government
but what is Of Importance, the interests Of the
people.
The Bill
The bill reported makes no grant Of lands tprovdes
that grants shall be made upon conditions named In
other instances grants have been made directly to the
States the lands have been parted with by the Federal
Government without any guaranty for the execution of
the work By the terms of this bill the lands are not to
be parted with until complete guaranty is furnished,
and then only as The corh progresses And here may be
proper to remark that with the road itself the Govern
ent has nothing to do, either proprietor director
The Office Of the Government is simply to demand proper
that the road will be constructed within rea
sonabe time and that the business Of the Government
terms. The work ITSELF its location control and man
Agemen left to private enterprise or to those who by
advancing the capital thereby ente themselves TO con-
troll its results.
The Secretary Of War is directed to advertise for sealed
proposals. and to offer concession Of alternate sections
and transportation contract in consideration Of the con-
may be required for Government purposes The propo-
sails invited are to state
l. The time in which the parties propose to complete
the work. together with what extent thereof they
to complete in each year.
q The time in which such parties will surrender the
road, free of cost, to the United States.
g. The sum- not greater than six hundred dollars per
mile per annum which the said parties will receive and
take for the Of the road for all by the Gov
ernment and
A. The guarantees such parties win furnish for the
construction Of the road and the performance OF their
contract withthe Government.
With the acceptance Of the most favorable proposal
and the consummaton Of the contract growing out Of
such acceptance the relation of the Government to the
road ceases, except party stpulatng for specihc
use Of the road when constructed.
have stated that the parties proposing to construct
the road stpuate for the time when they will sur
render the same to the Government BY the eleventh
section it is provided that upon such surrender 80 much
Of the line Of said road lies within any of the States OF
the United States shall vest in and become the property OF
the State States within which the is located sub
ject to theuse Of the United States for postal military
and all other Government service and also to such
regulations Congress may impose restricting the charge
for transportation thereon and all other States organized
thereafter upon the line Of said road shall acquire the
tions."
By the terms Of this provision the committee has sought
to avoid all questions of collision between the Federal
Government and the State soyeregnties Under cir
cumsances the Federal Government have any thing
to do with the direct control and management Of the road
+.
The idea OF the erection Of vast landed monopoly hos
been suggested objection to this enterprise. To
meet this objection the bill provides that onehaf Of the
lands conceded shall be sold in Eve years. and the
mander In ten years. after the patents issue and in
of failure to make such sales the remaining lands
forfeited to the United States.
That all objections that may be urged against this bill
have been met viii not 1t is not in human
Skill in matter of this sort, to obvate even oil just
objection 1t has been said and said truly that there
is nothing good but that there touch Of evil in
81 II. l.Ar Ill -
or to obviate all objections. The question before the
committee has been, what plan most free from just
objection and that plan they have endeavored to present
When better perfect plan shall be presented,
for one shall stand ready to adopt it.
Constitutional Po,cer.
have presented the general features Of this bill, and
Inow call the attention of the committee to two Of its
proysions and FIRST, the provision providing grant of
alternate sections do not propose to make argu
ment before the committee this point The question
has been already ably discussed upon this floor
not avoid however, calling the attention Of the committee
to the language Of the Constitution which provides that
Congress shall have power to dpose of and make all
needful rules and regulations respecting the territory
other property belonging the United Sates II this
grant OF does not vest in Congress the complete
jus doned in the property Of the United States within
the Territories would like to learn from some Of the
astute expounders Of constitutional law where thew pd
the limitation to the grant The term odispose used
in this relation, is the largest term known to the
and the power to dispose is the largest power that
be exercised over subject II the GovERsnEsr sbould
make grant without consideration to A. and afterwards
make grant Of the premises for consideration TO
b. would any undertake to maintain ejectment upon
the grant against the first granteee Whatever NAV
be thought upon the subicct here the country has %