The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1855-04-07
FRIDAY MORNING, APRIL G. 1855.
The Railroad Debate in tn. senate

alnnl the charter Of the NJ. IN. W.RR. Co
The proceedings upon this question occupy min,
columns o. the Globe, and of course would oc
enpy, in detail. much space in our columns Il
allow Us 10 give them entire.
lie question was brought before The Senate
- The following manner: A private bill was
IN providing TO continue the name Of Franci
J. Baden upon the pension list. when
Mr. PEAEcE moved 10 amend the bill by ad
ding:
And he it further enacted, That Congress
Goes hereby disapprove and disaffrm the act q
Ire Legislative Assembly of the Territory o.
A!nneSota, entitled IN act 10 incorporate the
transit Railroad Company" approved by the
Governor of the said Territory On the 4th o.
March. 1884, and the said act is hereby declar
81 null and void, and Of no eject.
THE II. & y W. r. Z. was undoubtedly
meant Instead of the "Transit."l
The President of the Senate (Mr Bright. o.
IA decided the amendment out of order, and
Sir. Pearce took an appeal from the decision OF
The Chair. The Chair was sustained by Messrs
Stuart, OF Michigan, Jones of Iowa, Cooper OF
Pa. and other Senators. AS is allowed by the
custom Of the Senate, Mr.. Stuart gave the ques-
j.oA which was Immediately pending wide
margin, and went al length into the merits OF
The case lie indicated the doctrine of popu-
lar sovereignty in the Territories, stating the
facts connected with recent Minnesota lcgsla-
lion upon The matter al issue, DC. Mr.. Mason.
. a.. entered the lists against Mr. S. and IA
running debate Of considerable length ensucl
IN which these Senators were the prime iias.
Ia 10 M,
III for his temerty in attempting to overthrow
"nc of the great principles of the Democratic
lagiy. as laid down in The Kansas and Nebras
- organic acts Dir. Weller, Of California.
took small part in the contest, leaning strong
j. TO Mr. Mason's side : tEr. Chase, Of Cha WI
- bltwiXt and between" and Mr.. Frat ~ IA
rylan1. Che movers cplloagu. AID IA Whi2)
,pi il few suistaut al + ualk- tor liz. right.
o. tie Company AM &c ini rel, @. Minnesota
Finally we co.n' t" ttc ,',n Il III >rli>lb!,
views OF the VII SENATOR from Penn vl,at'. -.
Mr. Cooper. H ar..-e ut.r Nj. Mt>ol, aud
gave concise l!stu1y ot t.e facts. Il, th.y
stand upon the record We here make al ex-
tract from the debate
Mr.. Mason. l hope tie Senator will under
stand that / made no charges OF fraud
Mr.. COOPER. You spoke Of il as Il fraudulent
transaction.
Mr.. Mason. l say that the House, as we
learn historically, at the last session repealed
The grant, because it was alleged that there
Sad been improper dealing with the legislation
u Congress but that of the facts | knew no.
thing.
Mr.. COOPER. If the Senator had first remark
td in the same way that he does now / should
not have referred 10 that part OF the subject
'0t. Mr.. President, what | WISH to say is. that
10Th thc majority and minority Of the commit
tee eXOnerated the parties connected with the
trausaciion-that is. with changing the word
1rom or: 10 ani' with any fraudulent pur-
pose Or design. Now, how does the case stand?
I;io honorable Senator tells you that this pro-
position il 10 vindicate the purity Of legisla-
ton. Is there anything impure alleged in re-
iati0n TO the legislation Of Minnesota. or any
1hing impure even in relation to the legislation
"f Congress? Congress intended TO grant the
and TO Minnesota. The land was granted.
iLe act was afterwards repealed. Whether
HAT repeal IS valid and constitutional is
question not for this tribunal, but for another.
i.,,ore which it is now pending. Now, arc we
10 punish Minnesota Tor an act which was COM
ni.tel by others entirely beyond her control?
There are 10 CrieyoUs charges alleged against
Minnesota, and yet a stranger to our doings
ere would have believed that she had been
eGiltv OF some ericvous offence against pro
rricty.
The Senator tells you that Minnesota had a
iii for the payment Of her public officers at
1ached to a pension bill. Minnesota had no
such thing. Some Senator, or member of he
House. had the amendment made perhaps with
oGt her knowledge. l presume it was my
friend. the able chairman Of the Committee on
Territories (Mr. Doaslas) who had ii done be-
cause it was part OF his duty as chairman of
the committee to have it done Minnesota was
not to blame.
Now, Mr. President, are we, after a wear has
elapsed, to do this? l admit that we have the
power to disapproye Of her act--an act which
she has repeated during the present winter
twice over, by her legislature first passing a
law in strict conformity to the act of March 4,
1854, and when ii was vetoed by the Governor
then passing it over his head by the constitu-
;ional majority; and after that majority me-
,noraiZed Congress and asked them TO forbear
IS touch the legislation Of the Territory. Yet.
the Senator from Virginia, forgetting the me-
mortal OF the majority. tells you that there is Il
memorial of the minority. and asks You to take
it without reference TO thai of the majority.
Let US go step further. Having orgariz ID
a company in pursuance Of the act OF incorpor-
alton Of March 4th the company went to No.
located the road. gave out contracts borg /,
provisions, made all necessary arraugem al
1or going on with the work. They went ,:;y4.
the public lands, which had been the p,O,r,y
Of the United States, but which by the act .,i
June 20 were granted to the Territory OF Mil-
ncsota, and cut timber. The district attorney
il pursuance OF his instructions, being at a dis
tance from the seat Of government. commenced
4 suit against them for trespassing upon the
public lands. That sn;t was first tried i'm th.
county in which the alleged treepas< a 10, ~,
committed. \ judgment was r...ri,r E,,s.s
o. the defendants. and aga ~ tli, L I'D Stale,
The United States app ,'..'i "a" ,eat Il { -inn
The case was cdrri''i ,uiv li- sDprem urI v
aDDeai or writ -, rr" / ,iu an. k.t,. A., vi ga
Ii was there ar IL II ! + tiic Cni,d State IL,
the district all RI IN tn" AID Of "a II Il Al
counsel. The IA gilA II ni Nh C art below ~.
affirmed. From .hat an appeal Was IgSeu 1,
the Supreme Coert Il IA tn.t~d states whcr,
The case is now peudu-. Tie qde,tiun arisina
being whether the act Of the An oi August last
repeating the grant. after the subscription hat
been made, and the money paid, was valid ant
constitutional or not.
The Senator from Virginia tells you that
without notice the district attorney cOmmen
ccd this suit. He AYERS most positively, ant
shat testimony was before the committee tba
lie Immediately transmitted to the Attorney
General of the United States Intelligence of thu
fact that he had commenced it. But if he had
not done so. the instructions addressed to al
the district attorneys Of the country require
them 10 commence proceedings when trespass
cs are committed upon the lands of the United
States This being one OF the enumerated cas-