New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-01-18
XyXVIrfr CONGRESS.
orrOND SESSION.
spNATE .WASaINeros, Jan; u. lSo,'

IRE Of OHIO, directing him to presen; the Gre
J",als of the Hon. $. T. Chase as Cnted STATES oena'
tor iron Omo. .-,oa
Mr. HUNTER Dem. Val called up the Deficiency
A. q AllERON Clep., Pal desired to postpone, Ill
order 10 lake up another BILL which was very import
MIR. HUNTER--I can't give way. The amend
n,ent il TO substitute $3.50 600 instead of $4,000.
Mr.. FESSENDEN-sijO,O0O will be necessary TO
nav the expenses of the two savers already captured
Mr.. HUNTERS i50, 900 Ii the amount necessary 70
protect the Treasury. The amendment was adopted:
Mr. HUNTER offered an amendment on the END 81
the 6ill for $780, 900 TO pay the Chlq contract intGe
bv 4. W. Thompson, in May, 1852. The contract Is
for "A coaliRg station on the Isthmus oIPanama.
Mr.. CLARK called for the Yeas and Nays when
were a. follows:
YEAsMs Baker Ben.gir BsS B DYSa Bss GS
FleR foot foster Green, Grimes Gwn HemPhi h9niei'
I 1on;OS M ss SSssnn pc Fdx RcG sc5s
scwd sonnsI Ter EYSk %sS' Ds1SSG Hole King
P,alcc salisbury, Wilknsol-s
Nh. FITCH Dem, Ind.l, from the Committee on
Printing reported an amendment TO the Denclehcy
ill to enable the Superintendent OF pnoc Printing 10
cary out TIE provisions of the resolution creating
Bureau of Public Printing. Agreed to, 81 to y.
YEAs-Mess's. Anthony Baker Benjsuin BiisI BFss s
caTf F eFF% o.g C G% enP Ganter
johnson CA1k Kennedy Lane Latham Ma,on SiGao,aon
NAYS-Messfs. Bingham, noolite Hale johnson CFenn''
King Morrill, Powell, Wade, Nikiuson-s
Mr.. GWIN Dem. Call offered an amendment to
tie Deficiency bill to pay Com. Vanderbilt sou per
annum for Carrying the mails from New-iork VIA ran
ana to San Francisco. .
Mr.. LATHAM Dem. Cal. moved 10 strike Out
Com. Vanderbilt name. Agreed TO.
Mr. HALE rep, NJ H. moved 10 amend so that IL
should read from he LIT of July, 1860, to the Isl OF
MI Mr.. Johnson Dem, Ark, from the Committee
on Public Lands reported an amendment appropnatlDg
sl2s57 " for the Hickspoo Land obce, hansaS'
Agreed to-
The hill WIS then Iassed
Al hallpast one the Pacific Railroad bill was taken
iir. BENJAMIN Dem, La took the floor. lie
said The Senator from Illinois Gays the Congress Oh
the United States having none but delegated po"tis'
can rci.c bat those delegated powers whether III
the Stgtcs or Territories But that depends on whit
subject The Constitution has made a dis "ctlon 80
far as the States are concerned Inc C"hsnthboh pro-
yides that the States shall have all powers not ex-
presrlv delegated 10 the General Government Con-
grees has power and eNolusive lgl.ia'lon over tue
District Of Columbia. The question has been raised
Has Congress power 10 egislao Tor the Territories ON
that subject Congress assumed powers. III mas
brought bills for The Tcrt res for a number
of wears. II has not only assumed tho pow'r,
but organized and governed the Territories, ana
provided how they should be governed. In relation
10 the Government eXerc ID Ia the Territories there
j. no other source Of power bat Congress. In the
States the Government is e.n on, on all subjects
not expressly delegated to tic General Government
by the State Government. by the decision oi the
Supreme Court Congress hos powers IN tho Territories
far exceeding those exercised III the States. thlnk
The Senator runs Il nix by asking grant oil money
from the Congess OF the United SAFES Inc
events Of the last eighteen mouths nave nave
satisfied me that the people OF California pos
fess tie amplcst means. l have visited Cahioriii'
In forty -four hours from the time left San fitnelsco
was in the Pl4ins Of Utah In fix months atei VA;
discovery Of the silver Mines the People htd seiel
the entire road from the steamboat landing on the
Sacramento River to the Ws.hoe Mines, crossing two
ranges Of mountains. The people formed themselves
into voluntary assocaions and built the roads over The
mount ms and levied toll on passenger oil quarter
or hall dollar for driving bis horse acroar The nounia
found one continued great road Let Congress buili
=, here tLcy have the power shall vote for striking
cut any States where the funds come from the Federal
1reasfry no matter whether the road passes through
Texas, California, or where. Nothing viii damage
the morals of the people OF tbs toNcriiet more lh
for Congress 10 build railroads through Ststcs.
Mr.. DOUGLAS said the gentleman had undertaken
e. show inconsistency on his part. ms Is not 20
Along with the power o' Congrc, Granted hy ne IO-
> on i that Of admitting new states, lho supreme
Court has decided that acquired territory, having been
formed into q Territory, Congress slall Institute "a
Temporary Government until II becomes state IN
der that laufe he had voted for bills 10 pay the mem.
bes OF Territorial Legislatures, to pay the salaries Of
Governors, and other expenses OF such Government,
growing out Of il. That does not reach the question
whether your military power J. greater IN the Ter
IfOfeF IMAM IN llc S'hlcr, nor ol tue
rover IN the Territory than in tic State or the postal
rover in the Territory than IN tire State. Whore dad
The Senator CT the right TO make military ROAD any
where than from the war power Ii he gets n from
tho war pow err IL applies as well 10 Territories 10
s,a,cs; i applies everywhere in the domain Of the
United S.aiosOf America. SO far a. tie delegated
IOwers are concerned in the Constitution they apply
iothc TcuiioIies well ~ TO the States The power
To raise revenue, coin money, fOr States and lcrriO-
ries l. everywhere alike Ii also establishes rules Of
naturalization punishment Of cOinterieitlnS. 4
want tleEScnsor 70 show nc whore he gets greater
lowgrin tie Territory than IN State, aud that ia
reference 80 making nilroat. Where does he gel
the power 10 make Territory that hc admits Where
will he 90 to! Ile mu-t' 60 10 she war power, or
Tdcr That Of commerce, or under that OF the iAa, or
uaer r,m. one specific grant of the Constitute
From Which ore did he obtain power to make Il rail-
nd iu the Territory IfIe will show me the ground
10 authorize him 10 make a railroad m q Tcritoy,
/ viii STOW Linn the same ground that authorizes
ia 10 30 il in STATE. u will apply every
yyi.re throughout. Amcrica-S'a.o and Territory
ilkc Tic only thing Congress II authorized a. Tor
1cIfi1rr thai is not for State j., when y opplc-
for adni-on as a new State 10 admit or reject her.
We must either assume thai tie right u bulld rail-
road j. necessary for the public defense, the eSecr
ton OF one oe Of the delegated power IN the Con
situtior otbcrUi-e have no right 20 make 1t. IL IL
lill alihuiliHg contract mace for the tIunsporlt-
tCn Il troop munitions OF war, navy 6npVbc- and Tho
mail. | suIpo,e We have righi 10 contract for the
transportation # tie mil in TIE ~ ltes well the
TnIitoriN. Il OF ten happens that when We make q
'"nllnt Tor ur ioFtl nhclg Tor tdsiolAilh tiHN Ut
require The mode Of conveyance specified ia the con-
fr.sf. ~ an early day u wac the custom 90 FAY
vs. cih,, o. mad wJs % De Csu,d in four or,c poet
coach, with certain guard. for protection. Would
anybody doubt the right p make contract 10 convoy
The mails from Richmond TO Warrington, and state
VIE hcr the contract 10 be- performed with four
hoc COACH or the contractor to furnish biz own "r-ci
50 viii the contract for the transported lon ri the nail
from Mobile 20 New.Oleans or N.W.Yofk Via Pano-
M 10 Sen Francrco, by steamers built in particular
form auj model, ON particular principle, nni for