Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1878-04-13

Mr.. Eill-May ask the Senator
a question +? If there has been a vi
Olation of the trust, and that viola
ton gives US a right to go to the the
courts-and / concur with the Sena-
tor that that is the case-is it not
better that we should go to the
courts? Why not turn the case we
have cot over to the courts, If that
l. n good case. rather than attempt
to make another case and turn that
over to the courts?
Mr.. Bailey-Is have expressed my
opinion may be i'm error
Mr.. Hill-T say to the Senator
that / concur with him fully that if
there is q violation of the trust and
danger of an humiliation of the
road, the remedy is ample before the
courts. / agree that remedy would
extend to taking the road out OF the
hands of the corporation. / think
the Senator Is right in that, that III
a violation Of the trust exists, or
such a condition of things as
amounts to a violation Of the trust,
YOU have a rigat to 90 10 the courts.
Mr.. Bailey-I understand the
Senator. then, to agree with me that,
1 Il HAVE lAAC AetOADg
my conclusion in regard to the
rights of these parties on the one
hand and their 0bligation ON the
other are correct, and that the Gov
eminent of the United States has
the right to-day to appeal TO its
courts for the purpose of protect
ing its interests and compelling the
performance of this trust?
Mr.. Hill have said this, that
if the Senator is right in his state
ment that the action of these parties
amounts to a violation of the trust,
the United States has ample remedy
in the courts of justice.
Mr.. sBailey-Then certainly the
Senator end1 viii not differ very
widely; for, if we are agreed about
that, certainly as doubt exists in so
many minds, and instructed as both
of us have been by our experience
as lawyers in constituting statutes or
in devising remedies, he will join
with me in improving the law, and
make the remedy more perfect.
Now, Mr.. President, / agree with
very much that was said yesterday
by the Senator from Georgia in the
very able speech to which we all
listened with so much pleasure.
These acts of 1862 and 1864 are natu-
rally Invisible into two parts: First,
those portions of the acts which ere
ate one corporation and give within
the Territories of the United States
franchises to the other, which give
tO-them their rights, their priVile-
ges, their immunities, their powers.
Another division is that portion
which proposes after the corpora
tiOns are created to make contract
with them. i agree with the Sena-
tor that a corporation can be created
and franchises granted only by the
sovereign, and that in contracting
with the creatures it has called into
being for a loan of money or bonds
the sovereign occupies no higher pO-
sition and has no rights other than
will be awarded to a citizen. / agree
with him further that the reserved
right to alter, amend, or repeal
these acts does not necessarily give
to Congress the power at all times
and without regard to change of
circumstances to change the contract
made under the second division to
which l have referred.
1t seems to me that when this law
was enacted the cOrperators had a
right to organize their companies,
but were under no obligation to ac-
cept the bounty of the Government.
The two propositions were essen
TALLY distinct. Organized, they
might have undertaken with their
own capital or capital borrowed else
where to build this great line of
railway, but the proposition having
been submitted to them by the Gov
eminent of the United States for a
loan OF $55,OO0,O0O of. bonds they
could accept it or not as they might
deem eXpedient or in accordance
with their interests. If accepted, |
agree with the Senator:,..from Ohio
(Mr. Thurman) that Congress could
the next day have withdrawn the
proposition or at any time before
the work was begun upon the line
of railway but whenever a single
section of the work was done and
the bonds were delivered that were
due from the Government upon that
section, to that extent there was an
executed contract between the two
parties and that contract, and the
obligations and rights of the parties
in respect to it rested secure under
the sanction of the good faith of the
Government and the intelligence
and civilization of the age. | say
nothing about the power of Congress
in the absence of a constitutional
inhibition. That question is not be-
fore us; but without regard to that,
this contract rested under the sane
finFn nVh TNrnfnafinra Of n NrriSn rnnIinxr
of a Just policy, and is, as it seems
to me I say it respectfully to those
who differ from mel, under the pro-
lection of the cOnScienceS of the
people of the United States. l do
not think the contract could be dis
turbed, but as to the remainder of
the work not yet done the offer
might have been withdrawn, and
not until the work was finished was
the contract executed i'm all its parts
upon the part of the corporations or
beyond the control as to the unfin-
ished parts of Congress. When fin
ished the rights of the corporations
and of the Government the United
States became fixed and established;
neither could disturb it. Nor, in
my opinion, does the power that is
reserved to alter, amend, or repeal
the act give the power to Congress
to interpolate new term into the
contract which had been executed.
A contract is an agreement between
two or more persons in regard to
some particular thing. The very
definition implies that there shall
be an agreeing of minds, that there
shall be two parties at least to the
agreement But in the estimation
OF the Senator from Georgia (Mr.
HilD this bill proposes to interpOlate
new term into the contract. If |
believed this to be so l would vote
against thebill. IWOuld vote against
it because do not believe that Con-
gress has the power, acting for the
Government and people of the
United States and against the will
of a person who has contracted with
it, under such a reservation as this,
to make a new term in the contract.
But this view interpOses no obstacle
to my hearty support of the bill
which has been presented by the
Judiciary Committee. l hold that
the power of Congress in respect to
YNrOr,nrIx- .-r,1Ninaf 70,