, 1865-03-03

| would involve the Government In a mpr.
larger expense than the arrangement
made By his predecessor. Hc says, how
Iany no money under this arransemsn
except under protest. reserving the sfuht /
recover 1t back according to the process &
the common law ns money received Yithou
authority. He says. whether it is wort
whilo to rcserEe this reservation or not is 4,
Congress to determine but at any rate, b
them m allowance ut least for their runnin
expenses, will be substantially to compel th
Government Of the United States to run al
/ these r1i1rOadE-a c3usummation that h
wishes to avoid. We have a!so letter fran
the Q1artermaster General to the same effecf
think ,he officers Of the Government hay
| eudcas ored to protect the interests Of tn
Government IN this Arrangement; and afte
the most careful consideration We could riv,
toll, VIC we're Of the opinion thatit would be nm
Wise for COngtess by prOYiso to an n nnnronr;c
tior bill to disturb thisatrangen1cnt.a and there
fore nc propose TO strike it out, | have Tol
number Of documents and. papers here ur
the subject, which will not read to the Sen
ate unless further Information is desired.
believe that finally the C3mmittee were unan
imously Of tho opinion that 1t was Higs tc
strike out this provision.
Mf' lRUMbGII.. There we're laid on The
table some papers which think it would be
we'll to hive published, but I shall not ask
that this bill be laid over on my account un-
u ne1t week, because I shall not OCCUPY
mere I1an 1t" minutes In what I have to
say: Unless the chairman of the committee
having The bill in Charge consents to its going
'oyer, shall not ask it on my account,
wish TO call the attention Of tho Senate
for lew moments to the net itself, to the
very terms Of the grat. It seems to hare
been conceded by quite number Of Senators
z rl-nSS T.
laW the terms OF the grant were upon condi-
ton that the company should transport,
should carry the property and troops OF the
United States over the road that it should
furnish cars !; that 1t should furnish the nee
essay hands to haudle the property, and tho
engineers, conductors and bratemen to run
the trains. was little surprised to hear
was more surprised when heard Que gent1c-
man after another rise md give that as the
trlie meaning Of the law. think an exam-
1nat1on Of the Htatute shows that it Is not the
law, and If we were sitting here Us judges,
and the easc WAS now presented for our de-
and look at the law, We should find that it
was not thus written.
Now, sir, what arc the terms Of this grant?
+" And the said railroad and branches shall be
and remain public highway" What is
public highway? Is It a road that the own
ers OF the highway are compelled to transport
people upon? This road is by act Of Con
gress declared public highway, Tor whate
- For the use Of the government Of the Unit
ed States" This is what it is q public high
way Tor. Now, suppose the grant had stop
ped there; that the land was granted to the
company on the condition that tho railroad
and branches should be a public highway for
the Use Of the Government Of the United
States, and nothing more had been said,
would anybody have contcndcd that there
was any thing more than q 6. ant to the united
States Of the right to use it: What is the
meaning Of public highway? It means
read that, If 1t were not restricted by the
subsequent terms of the grant, anybody
would dn haSe 1 1jght & t4 u use: & 4 public htghway
|. restricted BY the words, for the use Of the
Government Of the United States" Then
II Government las the right, by this grant,
10 use this public highway.
these arc the very terms Of the grant.
Thus the Inv is written, tina: the Government
that The railroad company shall transport
this property. The road Is to be highway,
tree 10 the Government Of tho United States
10 use it-:hat Is the word to "use" 1t for
what? To use it "for the transportation of
any property or troops Of the United s,ates."
here is not q word In the grant about the
company being compelled 10 transport the
!
What is railtoads Does q rail1oad conslst
of brakemen and engineers, and conductors,
md locomotives? is that The meaning of the
term 1ailroad!" It is the "rail.oad" and
its branches " that are gsanted for the use
Of the United States free from toll in the
t5anspo1tatton Of any property OF troops Of
by the rall,oed company. Can 1t be said that
the right exists here to compel the railroad
{. mpany to furnish engineers, and c.nduc-
tors. and br2kemen, and hcnccessary hands
to handle 1he property Of the Government Of
the United States, because the Government
ct the United States has reserved the right to
purposes? The Government of the United
stntes c.nnot use it for all purposes, but SIM
ply for the transportation OF tie property or
troops Of the United States; and another
clause Of the grant provides that "lhc mails
ehall be transported on the said railroad uu-
der the direction Of the Post Office Depart
ment at price which Congress may fx.''
this law. I say that II you are to give any
meaning to the term ''pub1ic highway" and
the language Of the act ttself, it does not com.
pei the company to transport over this road.
But says the Senator from Michigan, in reply
TO this, "Oh, but 1t meant something every
body cannot run their trains On the road, and
4 the Calted States put car upon the road
lherc viii be collisions" Why 50! It is not
10 be presumed that the Government Of the
United States, in the exercise Of one of its
lights, will 50 Use tue roads IS improperly to 4
With the rights of others You
mSht Just IT. q y, vel 81 that there Eoula bo
Try bccause the Government of the United |
States has its mali carried In a coach over a
turnpike lead. I suppose the coach that goes |
.long bearing the United States mail. when it |
meets team coming In the other direction
:nrns to the r1ghtshand and they pass cac,i |
,:her, rs the local laws regulating the use Of |
he read direct, just the same ~ if the coach
lid not belong to ths Government of the |
United States; and suppose If the Govern
peut OF the United States put car on one |
# these roads, they would have to run their |
ar In accordance with the regulations adopt
d by law for the running Of the road.