Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-01-22

promote commerce among the States and TO
cheaper the transportation of the mails and
military and naval stores.
The Chief Clerk read the first ameudmeut.
which was in section one. line i've, TO insert
the name of s.John =. Kennel W, in hees 50 "a,
and eight the names Of ga. r. Stewart" .. Jesse
Hoyt, and MARSHALL %. Roberts, in line fen
the name of "John NJ. Forbes" in line tveIys
to strike out ..Shouler" and insert ssSchouler;''
and in lines thirteen AID fourteen to insert the
name of civilian Dennison." The amendment
was agreed to.
The next amendment was in line twenty.oue
OF section three. TO strike out the word zone"
and insert "three," so as to read: Sand when
ever an amount CT not less than %, OOOO(O shall
nave been subscribed in good faith to said
eaRi'al STOCK. The amendment was agreed to.
Inc next amendment was in section ten, line
Iohrteen. 70 strike out the words "have the
rlght to-: and after s'fTeights," in lire fifteen,
70 strike out Ito the city of Washington" so as
70 reao: 'Such connecting lines shall sell
through tickets, check through baggage, and
ansPort frelghts in such manner and upon
such terms as are customary between connect.
agreed 10.
The next amendmen: was in section eleven,
sfter the word "act," in line seven, to insert
"and in which the validity of any franchise
conferred by this act is denied" so as TO read -
THAT If any suit or proceeding either in law
or equity. or any criminal prosecution shall De
commenced in any State court against the New
York and Washington Railway Company,
their successors or assigns, or any person au-
thorized or employed by them. for any act done,
or omitted 10 be done, in and about the con
structlon OF the railway hereby authorized IN
der and by virtue of this act, ana in which the
validity OF any franchise conferred by this act
Is denied, &c, the case may be- removed TO the
United states Circuit Court" The amendment
was agreed TO.
The hext amendment was in section four.
teen, line five, to strike out "three" and insert
"two:" so as TO read alt shall be fully com.
pleied and equipped in two years from and az
Ter the election of the first board OF direc tors"
Tne amendment was agreed to
Mr.. Nlckers said the Senator from Ohio Mr.
Sberman) mad introduced subjects in his dis.
cusslon OF this bill 10 influence the Judgment,
he trusted nos the preludlces Of the Senate,
which We're foreign 10 II. Mr.. V. quoted from
the writings of Alexander Hamilton as to thu
powers Of the States. Ii now proposed to
exercise the dangerous power of building rail-
roads IN the es,of taxing possession of their
SOIL without their consent, and this Is claimed
under the power TO regulate commerce. Mr.
V quoieo from the decisions of the Supreme
Court on the powers of Congress under the
CONSTITUTIONAL provision committing TO that
body the power 10 regulate commerce. Moth
ing can BE- clearer than the organic law was de.
signed to prevent the exercise OF any construc-
live power.
Even Gen Hamilton, In his latitudinarian
construction OF the power of Congress, dIu NO;
claim the right 10 build csnsls. Mr.. Madison,
In his papers. gives an account of the proc eed.
lDgs III the convention on this subject The
Senator from OHIO admits himself tuat Con-
grees has NO pc wer to Interfere with the inter-
"
TO quote from various authorities, and argued
In opposition To toe propositions laid down by
Mr.. Sherman. MIR. Madison was decid-dly OF
the opinion that no power existed IN Congress
10 build canals, and the idea of incorpor ltiug
It III the onstitutiOn, when proposed, was al
ways REJECTED the belief that the States
would never ratify the comforting of such a
But for the enterprise OF the State of MARY
land We N g1t now have the stage-coach pIy.
ing between Baltimore and Washington. The
State OF Mary land had in vested largely of her
wealth IN developing internal Improvements
for The teneflt eqally with her own citizens
OF the rest Of the country. She had been obliged
~ obj tine to tax every source of revenue to
save her credit, aud that credit she had always
preserved, even in the most trying times The
Senator (Mr. Sherman) says Maryland OBJ
structs The way to the national capital, when
the fact Is that Maryland has furnished the
only modes of getting here. The disposition
~ inoed by the State towards railroad enter
poses bad always been OF the most liberia.
nature.
lie was not here as a defender Of the Bsln
more and Ohio railroad, but as a citizen of his
State, and disposed TO do her and her en-
ttrprIse justice. She had now more than
eleven millions of dead capital invested in the
chesapeake and OHIO canal. There was no
jealousy ON the part of Baltimore towards
Washington; there could be none. Washing
ton equally with Baltimore was benefited by
the railroad enterprises of Maryland, and the
chesapeake ana OHIO canal only benefited
this city, not Baltimore. The Baltimore and
the war; the Contederates were continually
tearing up the trscks and burning Inc bridges
This road had suffered more than any other
TO the government.
Mr. Spencer.-I move to amend the bill before
the Senate by adding TO the first section
The following proviso: "Froyided. ho,osrer, Tnat
the Baltimore and Potomac railroad may be
adopted as part cfthe road between Washing.
ten and Baltimore contemplated by this act
upon such terms and conditions as may be
fha
Washington Railway Company and tie Balti.
more and Potomac Railroad Company" The
amendment was agreed TO.
MIR. Sherman-There is one amendment re.
ported by the committee which the SECRETARY
tells me was overlooked and not read ask
that that be acted upon now.
The Chief CLERK read the amendment, which
was in section six. iine four, after the word,
length" To strike out the words and the rails
shall BE- of American iron or steel manuf &c.
tuIe.' The amendment was agreed TO-
Mr.. Sherman moved 10 str. Ike ont the two last
sections OF the bill providing for railroads TO
Cleveland and Cincinnati, and leaving only the
charter for a railroad to NewYork. Agreed to
MIR. Conkling moved 10 add to the in CORPORA
tors Ward Hunt. Geo Opdyke and g. r. Hunt.
ington. Agreed 10.
Mr. WillIams.-I propose to modify the
amendment that offered to the twelfth sec.
ton, go thar II will read :-.SRC II And he ~
further enacted, That the said line of railway,
Win the ferries, crossings, bridges, and road.
way hereby authorized 10 be constructed, shall
be deemed and considered q national publ
highway and post road, and no tax or transit
DUTY shall be imposed by virtue Of any State
authority upon the traffic Of said com pauy its
freight OF passengers; but other taxes NAV be
levied upon said road in the same manner and
10 the same extent as taxes are levied nv the
laws OF said State upon the property Of ali
other roads constructed in said State under the
laws thereof. The amendment was agreed to-
Mr.. Morton.-After the word "Msssachn.
setts, at the end Of the twelfth line of the first
section, move TO insert as corporators "E II
Msr,indale and William H. Terrell, of Indi.
ana" The amendment was agreed to-
Mr.. Sherman.-ln the fourth line Of the first
section i move 10 strike out the name of 81
Edgar Thompson and insert s.} Dawson
Coleman The amendment was agreed to-
Mr.. Nye--In line nine Of the first section I
move 10 insert among the eorporators from
New York the name Of sHifam Walbridger
The amendment was agreed TO.
Mr.. DooiIttle moved to anne nd that the corpo.
ration herein chartered shall first Obtain the
assent of the Legislature OF the State or States
through which such rsilroad NAV he locstsa 70
lease, receive and hold such properly. but
Withdrew the amendment temporarily.
MT. Wiley supported the principle of the
Dill, and the doubts " hich he en- tertained an IN
the power were not very grave, but that he
Wouio oiscuss hereafter. OF the necessity TOR
additional commuAication with the capitai
there could be no doubt. Three-fourths OF the
people OF the country were vet deprived of
dlrect railway communication with this clty
and the other fourth had, until the last wear or
Two, out single track to depend upon He
moved TO provide for the building of a road
from Washing TO Siaunton, to connect with
the Chesapeake and Ohio road, which, he said :
would then rnish the shortest route 10 the sea
rom the whole Mississippi Valley