Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-01-21
THE RAILROAD QUESTION.
The Debate in the Senats YesierdaY.

In calling up The railroad bill YESTERDAY,
Senator Sherman stated hat the oil "a it nos.
STANDS upon thei table has received the ssuctloA
of the House of Representatives at two or three
different times. 1t was reported at the last
session by a unanimous vote OF the com nitter
of the House. Ii has been sent 20 the Senate 10
one form or another At least three tim. 49, au
the Senate have never yet approached a vote
on the question so important 10 tue local
interests of this city and TO the people of tue
United states. He would say 10 the Senator
from Name that he could have uudoub,etIy
obtained the vote OF the Seuate at an earlier
period OF the session on this particular bill but
ior me aosence Of his Mr.. Fessenden's) COL
league At his request he did not call il up II
seemed 10 him that TO postpone II any longer
would De simply to defeat the bill. The DILL
contains no new principle. He kne " it was an
important measure; but IL IL is passed in the
Senate be had no dou bi " hatever of its passage
In the House of Representatives, because the
same Dill has passed there repeatedly. There
Is scarcely doubt but that the bill as il passes
mere, substantially will pass the House; so that
It's passage depends upon the Senate. or upon
! us being taken up now. We shall be crowded
al later period OF the session with public
Now, a word as TO the i'm portance of this bill
surely 10 man wishes To submit 10 the legtt
restriction which compels 10 come TO tuis
city only by one way; and the more Senator's
think about the restrictions by which this Dis
. trict IL curbed and restricted the more impa-
tent they viii become. II there is 70 be no
lief by Congress and we mus submit TO tnis.
We generally endure what cannot be avoided
| But II seemed 10 him that the is so press
l ing. so manifest, that Senators will not waste
mnch time ia providing the remedy. Instead
of voting for the bill ly ing he table he \, ould
great deal rather vote for two or three gen
tral declatorN resolutions. or a bill in the ma.
tuTe of general railroad law, authorizing
anybody 10 build railroad TO Washington
who desires TO do IL and will risk the necessary
capital. Now, there is a struggle here bet ween
bills that propose 10 take from the Treasur of
the United States sums of money in the way
of subsidies and public lands and the like to
aid In the construction OF railroads. Whyi Be-
cause railroads develop the country And vet
We refuse 10 consider the proposition to al
low people, without cost to the Government
10 build railroads from TIL capital OF our
country. That Is the position in which we
( placed.
He trusted the Senate would take the bill up
and give II such consideration as IL deems
necessary. and make such amendments as
Senators shall agree upon. This was not the
child OF his fancy, as his friend from Maine
seems TO say. ltI true he INTRODUCED the bill;
but he Claimed nothing as original In It, He
took the House bill with some slight modifi-
cations to make II. as he thought. more .cept.
able TO the Senate and more acceptable to his
own views. and introduced il. liz was only by
his desire that special committee was or
ganiZed; but NJ was upon the sug gestion Of the
Senator from Michigan. Fdr. CnandIer,) VINO
laid the Committee on Commerce had already
considered the subject, and would rather not
consider IL again on accoun' OF Their di vision
/ upon IT. Therefore q speci1l committee WIS
organized and the bill referred TO that commit.
Tee We however did not press II at the last
session recause 1t was introduced AZ the close
OF the 'ssiOn, but We carefully considered the
bill. the committee went over ITS details care.
fully and made some mod ticarions in 10, and
reported II back TO the SsnaIe There rs notntuR
new IN II; nothing difficult IL 1t. except the
4 question VINE her or not the Cons resS of the
niied = ats can authorize the cOnstru ton
OF railroads 10 and from Washington. lie
trusted therefore. II would b. taken up and
not he antagonized with any other measure.
After some further dlslUssiOn ha hK
vote Of 20 10 -, decided 20 take The DILL mp.
and the debate was contin ued a given in yes
terday's STAR down 10 the folio wing porjlon
OF ~ Whyte's speech in opposition to the
blii.
Nj. W read from the Madison Papers rela.
tive To the debate on giving Of such DO ger
10 Congress VIII N the Constitution was being
framed, and Mr. Madison made the same
proposition which is made here day. Penn
sylvania. Virginia and Georgia wer- the only
States which voted for the proposition OF Mr.
Madison TO give Congress the power 10 grant
charters of corporation for roads ana canals
General Jackson, one whom he (Mr. W. had
, always been taught 10 respect, said. III his
I Maysyille veto, that this power had never
been attempted TO be exercised by the q overn-
Inent; and, in his (Jackson'sJ opinion, it did
not possess that right President Polk also
discussed this question. taking the same views
But We are not left TO the Executive Depart
ment. In the case of Correll, Mr. Justice
Story said the purchase OF territory within
state dld not Inyalidate the jurisdiction of
tn" State over Its sell. Several other cases
We're cited by Mr.. W; all bearing on the prin-
ciples cited by him. and he asserted thar no.
where could the Judgment of any respectable
court be adduced couceding the power Claimed
III this DILL TO the General Government How
are the penalties prescribed in this bill 10 oe
, enforced In the State courts or the United
States courts If the corporation is not
greater than the State. and the State has the
lurlsdictiOn over Its own soil. then the State
court must take cogniZance Would any one
say that If robbery had been committed in
the old United States Bank, IN MARYLAND, the
United States court could have tri-d the of-n.
der. No lawyer could successfully mainta tain
such a proposition, unless where the Iurisdic.
ton over the soil had been ced-d oy the STATE
10 the General Government. This bill is en-
titled 10 promote commerce among States and
the power 10 pass IL Il claIm-d under the DOW
er to regulate commerce. but that DO yer Is
specific, and gives NO night 10 take away the
jurisdiction over the eminent domain of a
Stale That power Of Congress is not TO build
railroads and canals. but TO regulate the COM
meree which passes over Them. In the Wheel.
ing bridge case Mr. Justice Mclean said if
Copgress was TO build a bridge Gv ranayiga-
bic rIver, ii would DE- diificu lt TO fini such
power III the Constitution, and that such q
fearful and extraordinary assumption of power
had rarely been claimed oy any one Mr. W.
further read that If any State obs;ructed travel
Congress might interfere.
IL two great railroads VI Getting on the borders
OF two States, and which had been declared
post roads, should refuse 10 make reasonable
arrangements, then h. would not say tina, Con-
sTess might not interfere, but IL couId only be
legislation applicable To every railroad from
Maine 70 Texas, and this was only incideatal
To the general power. No such power as was
CLAIMED exists III Congress under the Consti-
tuition. But even II sucn a power did exist he
would protest against the passage of the bill on
account OF the great danger 10 rae interests OF
the country. Once transfer Congress into a
great corporation making machine and ven
transfer TO the rotunda of the Capitol the lob.
bies of thirty -four of the States.
But he commended that there l. no necessity
Tor any such new roads as proposed by this
bill. The State of Mary land has been foremost
IN the promotion Of works of Improvement
IL brought its treasury to the verge Of bank.
rnptey IN advancing and pushing forward
SUCH works, and without selfisnness or dIspo-
siuon TO deprive the 40 lacent States aud terri
tory OF their benefit. OF all, the people of
washington have the least cause to complain
The Chesapeake and Ohio canal, On " hich
Maryland has sunk in principal and interest
more than fifteen millions of money, bears
upon Its waters from the coal and mineral
regions OF that State their richest treasures into
the distant cities. 1t has expended more than
twenty million dollars on which il does not
receive one per cent. interest
IL has been charged by the Senator from
OHIO with fostering the Baltimore and Ohio
rival interests. IL is denounced as guarding a
monopoly. and refusing to open its ierritorv 10
rival competition. The accusation is uniust
MARYLAND has been generous to such Improve.
ments on all sides. She has spent at least
s3,OCot'p of her money or the Northern Central
railway, and upor the Tide Water canal Al
least half as much. She has granted railway
charters without number, both on the eastern
and western shores She haa IN