Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-02-13
Discussion ON the AMAulment Of
the Charter Of the Minnesota and
Northwestern Railroad Co., I'm
the United states House Of Repre-
sentatives, January 8Oth, 1865.


the United states House Of Repre-
sentatives, January 8Oth, 1855.
Daily Globe.
MIR. CUrrMG.-The Committee on the Judiciary,
which was charged with the following resolution
| of the House: .... t''
Whereas, the law organizing the Territory Of
Minnesota in the last clause of section six, in the
following terms, viz :-"All laws passed by the
Legislative Assembly and Governor, shall be sub
mitted to the Congress of the United States, and,
if disapprOved, shall be null and of no effect" re-
serves to Congress the right of reviewing and dis
approving all laws passed by said Territorial
Legislature Therefore
Resolved that the acts of said Territorial Legis-
ature, as certified to this body, be referred to the
Committee on the Judiciary, and that said Com
mittee inquire into the propriety of declaring the
| act chartcring the Minnesota and North Western
Railroad Company null, and ofno effect, and that
they make report to the House of their action in
| the premises, have directed me to report q joint
| resolution.
A resolution to disapprovc and disaiiirm an act
of the Legislative Assembly of the Territory of
Minnesota, entitled San act to incorporate the
Minnesota and North Western Railroad Com
pany." ...
Mr.. Cutting.-Mr. Speaker, am directed by
the Committee on the Judiciary to make a brief
statement Of the circumstances connected with
the act proposed to be disapproved, and upon
which this report is founded. 1t is within the re-
collection of the House, that at an early day Of
the last session, bill came from the Senate
granting portions of the public land to the Terri
tory of Minnesota to aid in the construction of this
Railroad, should be, and thereby were, vested alb
solutely in the individuals composing this Com
or grant so that the title, by virtue of this act
to all these lands was, as far this Territorial
Act could make it, perfect. The amount of land
disposed of by these bills to aid Minnesota was
eight hundred and fifty two thousand four hun
dred and eighty acres.
The bill which came from the Senate was re-
ferred to the Committee On Territories, and, hay
ing been reported on favorably by that Commit
tee, was referred to the Committee of the Whole
on the state of the Union. After discussion in
Committee, that bill was reported back to the
House with amendments. One of these amend
ments was carried into the House, and then, on
motion, the bill was laid upon the table. Suisse
quently, the bill, which had been introduced, on
notice, by one of the honorable members from
Michigan, and referred to the Committee on Pub
lie Lands, was reported back by the same gentle
man, and was retained in the House, and, after
various questions taken on it, was finally passed.
But inasmuch as anterior to that action there had
been the Territorial Act, now proposed to be dis
approved, passed, by which title, in fee, to all
hundred and eighty acres were vested in this Min
nesota and North Western Railroad Company,
this House declared that no portion of the lands
provided for by that bill should inure to the ben
eft of any Railroad Corporation, constituted or
organized. As this North Western Railroad Com
pany had been constituted by law, but not orga-
niZed, it came within the direct purvcw of the
act of this House, and was Intentionally excluded
from any benefit from the grant of these lands
After this bill had passed, it is within the rccol
lection of the House that unauthorized atera-
ton of it was made by cffacng the word sor,'
and inserting the word ''and," so that the act was
made to read-that no portion of the lands thus
granted should inure to the benefit of any Rail-
road Company, constituted and organized. But
rs this Railroad Company was only constituted,
and not organized, it was thus made to escape
from the provisions of the act thus spoliated but
it became entitled, by that alteration, in con-
ncctiOn with the act which we propose to annul,
to these lands-thus pervertng the act, by the al
tcratiOn, to the exact contrary of what the House
had determined.
This bill went to the Senate, and from there to
the Executive. Having been approved, it was re-
turned to the House. 1t was approved by the Ex-
ccutive on the 29th of June, and on the Both of
snS or ts the st Jg dsnnss Was eGs s
by certain individuals at the Aston House, who
there, in point of form, organized this Minnesota
and North Western Railroad Company, and claim
cd the title, in fee simple, to these eight hundred
and ffty-twO thousand acres of land, and insisted
that they had acquired thereby vested AMI per-
feet title thereto.
1t having been suspected that some unauthor-
lied and fraudulent alteration had been made in
the act, Committee of Investigation was raised.
The result was two reports; and bill being in
troduced by portion of the Committee of Inves-
tigatiOn, declaring the construction of the act as
it passed this House motion of an honorable
gentleman from North Carolina, (AIr. Craige,)
everything but the cnacting clause was stricken
out, and section repeating the act granting these
lands to Minnesota, was substituted and carried.
After this repeal had thus been consummated by
the House, the Senate, for want of time to concur
in the House Bill, amended private bill by ad-
ding section repeating the Minnesota Land Bill,
and in this form returned it to this House, which
concurrcd, and was approved by the President.
Notwithstanding this repeal, this railroad COM
pany insisted that it was beyond the power of
this House, beyond the power of Congress to re-
peal statute which had vested right, or inter-
est in lands in the Territory of Minnesota and
that, therefore, their title to these lands, claim
ing under the Territory of Minnesota, had not
been, and could not be, impaired by any act of
Congress-. Shortly afterwards, and as early as
the 23d Jay of October desire the House to
notice dates-the district attorney of the United
States for the Territory of Minnesota, without
any instructions from any Department, without
the knowledge of any Department, and in viola
ton of his official duty, commenced an action,
in the name of the United States, against this
Northwestern Railroad Company, the object and
purpose of which was to enable the title of this
company to these lands to be adjudicated. TWAS
an action of trespass for entering upon these
lands, and cutting down timber, and carrying it
away. 1t was commenced on the Odd of October.
The proceedings are exceedingly volumnous; but
within the remarkably short space of twenty days
the summons was served, declaration filed, plea
put in, replication to the plea fled, and demurrer
to the plea; issue was thus joined, the cause set
down for argument, argued and decided against
the United States, and all in twelve days! So
that on the suit, which was commenced on the
23d of October, there was judgment entered on
the 4th OF November absolutely against the Uni
ted States, without any power to amend the plead
| ings, or without any further action there. This
judgment was contaminated on the 9th of Nov
ember. From this judgment a writ of error
was brought to the Supreme Court of the United
States, and the cause was docketed here on the
2lst of January. And the first kn~ ~ledge, or no.
tice, official, or unofficial, that any of the Depart
ments of Washington had of the existence of
this action, was the docket of the cause in this
city on the last mentioned day.
Now, Mr.. Speaker, the Committee on the Judi
ciary, without entering into the disputed ground
as to the right of the people of Territory to
legislate upon matters involving the great funda-
mental principle pertaining to their general reg
ulations, are of opinion it cannot be denied and.
apprehened, it will not be denied, that Congress
hoe fha 70 h. To- L.