New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-30
XLIVrH CONGRESS-2D SESSION.


PAYMENT To JAMES b. EADS.
SENATE WASHINGTON. Jan. %, 1877.
Mr.. CoopKR Dem, Tenn.) announced that
Jos c. Bailey recently elected United States Senator
from Tennessee to m vacancy caused by the death
OF Andrew Johnson present, his crcdehuais hN'ne
been received few days ago. MI Bailey was eScor'eu
10 the desk President tempore. and the oah
of ofhoe was administered TO him by Mr.. Ferry tAlr'
Koy ned the vacancy by appointment OF the Tow
ernor since death of MI JohnsonS
Mr. INGALLS, (Rep Kanl gave notice that as soon IS
the hill IN regard 10 the Pacific Railroad sinking Fund
should b disposed Of be weed ask the Senate 70 COZ
slider the bin amending the pension laws % d" e''
Petitious in reference 10 the Conpro
mise bill were presented Mr. WRIGHT REP owa) pre-
SION to re%d his action IN Voting for tie Mn
MIR. CONovEK CRep, Fia) Chairman OF the commit MI,
tee Enrolled Bills, SAID he was aoilzeu TO E a., un.
the President the United states had signed the OIL IN
regard 10 the electoral count ana ne wT .aV
Mi. HOWE (Isep., WIs presented resolutions ny ne
asSags Of hi TO repeal the law imposing bank
deposits. circulation. and csp''ai similar Pet P9p
DOCK CRrp Ncbj, both of which were referred to The
Committee on Finance.
THE ELECTION IN SOUTH CAROLINA.
Mr. ROBERTSON (Rcp.. s. c. called up the resolution
rcceniy submitted by Mr. Gordon declaring that the
State Government existing in South Carolina repre-
sentcd by Wade Hampton is the LEGAL government Of he
State and said he did wish TO have vote to day. but
called np merely for the pnrposr OF sSm IS SCSc
Gus indspcsuon Of Mr. Robertson aud at his request,
recent campaign in South Carolina. the occupation Of The
State House by the military, The action oi United SateS
ianrens County Representatives. the Legislature by
the military illegal act as each house was ,bs
lie tset tSat majority of the Board Of Canyassers
were candidates FOR Oibce and said thar was VOCATION
part of the whites toward the blacks oon-
ing tie campaign IN SdsrS1 f RspuDe s
were violent toward Democrats OF Their own color
There was Intimidation ON the part OF blacks towmrG
those of their color ana ne 1td no d9no tat ua
backs were prevented from '4nE tnc p9 Tnr
was the legal y elected Governor o South Carolina ne
w pledged 70 P%teST ~, Sesed he Would 10 So f
resolutions referred 10 the Committee On riiN-
Inc CHAIR land before the Senate message from the
President OF the United states. giving his reasons ioI ap
proving Electoral Count bill After u iid DG ii
read. Dir. CONkLING rep, n " said; move tI ms
important and wise message be printed ana lie Oh tie
The CHHIR also laid before the Senate from
I nHpontcd To examine me whole subject
form and reorg dnizaon in the army OF te Oheh otee
Ordered he printed and lie on the table. - $500 ,... -
Sir. SARGENT rep. CALI from the Committee on
PRIVILEGES aud submitted rccH spS made 81 fse h n
el.d t Ne printed aud lie on the table. He gave
notice thai M. Cooper would present report on DcHi
OF the minority Of the committee
THE PACIFIC RAILROADS.
The Senate then resumed the consideration of the I'm
finished business, being the bill reported by the judiciary
committee amend the Pacific Railroad acts 80 as to
provide sinking fund for the liquidation of the indeb
cdneSs due the Government by said road.
MIR MITCHELL (Rcp Oregon argued that the passage
hill would he transcendinS the plain weiLte,c
limit constitutional IOwer The nature OF contract
made bctT the Government and great corporation
and The uues, on of the power Of the Government To
change tIl: contract without the consent Of sach cor
loatou propositions that must he d. Ifhnheh DS
precisely the rules and upon the same pcPle' aS
thnu.h the party holding such contract was weak 'hslS
nineant and rowmless lie Then referred TO G me- p a
ilees conferred nOn the railroad COMPANIES ~ lne actS
OF Congress anl sad BY these acts taken together
was provided, among other things, .....,o.oo .,,
tl.e bonds issued III aid Of Their construction To-
gether with Ia. interest on the same, was PAD az ie'sl
five per Of the net earnings should DC annually ap
Scand: mat onr-haf Of the compensation for sr-
vices rendered the Government 10y such companies shohu
be- retained 10y tue Government and applied 10 The pay
mont of The bonds issued by the in aid OF
The construction of said roads These bonds running 30
If The supreme Court United states not required
10 be refunded by the companies until the m3tmdy o.
the principal OF the bonds here, tHel We hdHc tno
pain teos Of the eonIaGt i@ eAf a a hC S 9m
when the interest natures, as TO the com
panies free it seems 10 me from all ambiguity inc
dovcIumcut whether wisely otherwise; 1t Is lina-
i,uaI 10 inquire, made grant Of lands issued It's
bonds stipulated for the payment OF the annual interest,"
powers (Which, when accepted and acted ufoh ny ihe
Companies respectively be,ame III mon \esie9 ifhls
winch 10 legislature can disturb Upon tnt !aih OF
these grants. and pursuance Of these conrcs siocE
narfirS cntyactdi mortgages executed. and Obligations
were thus created which cannot be rgitfuiy impaired
lY any legislation under any reserved power 10
alter amend. or repeal Under Tins contract thus v0lnn-
t4ri, mad, by the Government with hc ColuldGt>. the
III ut IN annual provision for the PAYMENT oI
principal ana interesou!hese bonds was concerned vas
sun least per cent annually or inc lcl calf
iDgs the road was completed ami onr-iaii OF te
conpensa, for services rendered the Government
ihe Government might have been provided
Tor when these contracts were AUTHORIZE, but
in he wisdom Of the CONGRESS hat enacted tbe.y laws
yded ,, cyond TINS, While the Zen of the GVyeihncnt
assecry Tor final Ieyment o. Ptincpai &ad nleGi
for what AT the tine was deemed a sufficient considers,
tu aud subordnated 10 TIE nT;or liens Of TIC nJiI-
clauses the original acts reSeTNIh% To te HoNtTheht
thc right alter. amend and repeal, ant drgUcs tnat
sad clause was by the express terms a. the reservation
itself restricted Ia snch manner as 10 auhoilIe HS'N
cri,, only the purpose Of ccctne certain purposes,
1a,pclv promote the public interest ana welfare by
iln construction OF said railroad ana telegram lines
aud kt.pug I'd, same in working order, and 10 secure
Of the Tor postal, military, and Otr purposes
Tc tb referred Ia me bill now before the senate. and
argued thai proposed to change IN most material
the Liabilities of these coinpa1os az hXed by me
original acts. ltnvaded tLe r'ghs 81 mni.ini sl3cF1
holders who have invested their money on tie ftlth Oi
,afsre6 MA, The oblig,tjous OF innllnarabc persons,
both at home and beyond the who have contracted
with theso companies in divers upon thc 13Ith Of
t,'.ir rgIfs tbeir credit Their liabilities ami their
responsibility financially fixed by the terms Of the
original acts. "a word, It impaired the obligations oi
"a contract, it destroyed vested rights but what wac
the GoyerhIn- lie denied thai Congress had any
right pass the proposed bill, as the Con
fofe with tho Obligations of a contact or invade
vested rights. The Passage Of the I'll would
De departure from the province OF legislation ana en-
teiDg the domain OF the Judiciary. He claimed thai
WHOM the Government contracted with one or more OF rs
far as il related o. TIE construction ana
Interpretation Of the terms anu conditions Oh the cor
tract, II Invested of is sovereignty and stands precisely
IN jhc position as private individual The act
Of 1862 provided that at least per cent OF the net earn
iugs shoid be paid 10 the Government for The hqud3
ton 81 ther ndeOfdn' s. %c.' and mere was no power
In Congress TO increase ms amount 20 TO- 20 or 30 per
cent. Thc companies might pay as much over ana above