Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1878-04-13
WHOLE NO. 2,233.

D searching examination, and have
: been analyzed IN all their parts,
section BY section and clause BY
: clause; yet no person has been able
: to find, either in their spirit and
: meaning as whole on In any OF
their separate parts, aught that in
dicates even by Implication a pur-
pose to yield the sovereign power TO
regulate, govern, and IN nll things
q control their affairs but to the con-
trary, and as If to guard against the
very pretensiOn made here to-day,
we do find an express reservation Of
i power to Congress, at any time and
in its discretion, to .'alter, amend,
or repeal" the acts in question. The
force of these words and their effect
have been discussed by other Sena-
tors and will again be referred to BY
those who win follow me In this
debate, and / will not detain the
Senate with an argument to prove
that the reserved power is sufficient
without more to authorize the leeis-
| lftiOn proposed. And vet II would
IL were not TO say that the power
to repeal these acts, and, BY con-
sequence Of their repeal, TO strip
these corporations Of all their fran
chises, and then compel the mar
shaling Of all their property and
assets and the payment Of all their
debts, is too clear for argument.
And 1t is equally clear 70 my mind
that the power to 'alter and anendn
does necessarily refer to the exercise
of the franchises and privileges
granted, and confers upon Congress
the right, in its discretion, to inter
pose, and, as settled in the case of
Miller vs.. The State, IL Wallace,
49S, give directions "that will carry
into effect the original purpose OF
the grant or secure the due admin
istration of its (the cOrpOratiOn's)
affairs, so as to protect the rights OF
the stockholders and OF creditors
and the proper disposition Of its as
SETS" 6.... Icy. .....
Now for what purpose were these
corporations created and clothed
with, the important franchises emu
merated in the acts In question {?
Why did Congress with such lavish
bounty bestow lands greater in eX-
tent than principalitiesa and advance
its credit upon terms without prece-
dent in the history Of this or any
other Government? The answer Is
given in the act of 1864, It was
done "for the purpose Of aiding in
the construction of said railroad and
telegraph line and to secure the safe
and speedy transportation OF the
mails, troops, munitions Of war, and
public stores thereon.n This was
the view that dominated the minds
of the Representatives and Senators
at that time. The building of the
road was regarded as a necessary
work. The necessity OF keeping the
road at all times in condition To
serve the Government Is recognized
in every part of the act. The grants
were made ION condition that the
corporations would pay the bonds at
maturity and keep said railroad and
telegraph lines in repir aud use, and
at all times transmit dispatches over
said telegraph line aud transport
mails, troops, and munitions Of war
supplies and public stores for the
Government whenever required 10
do so by any Department thereof"
This was a great national work, OF
the highest importance to the SOW
ereign power, promoted by IL upon
political and public grounds. Gov
ernment was at that time engaged
in war with the confederacy; the
commerce of the country on the
ocean and open seas was threatened
by confederate cruisers almost ev-
cry coaling station reaching in the
direction of the Isthmus of Panama
was under the control Of q foreign
power then regarded as unfriendly
to the United States. Apprehen-
si0ns were felt that the great distnn-
ces separating the States on the Pa
citic slope from the Eastern States,
coupled with the difficulty, delays,
and uncertainty of communication,
might bring about another division
of States. Inspired by these cOnsid-
eratiOns and impelled hy "a sense OF
public duty, and not for the purpose
of aiding mere commercial enter
prise, Congress inaugurated the
great work. / cannot 40 we'll eN-
press the motives that controlled its
action as Ii has been done BY the Su-
preme Court OF the United States.
Many Of the provisions IN the original net
islative action concerning grnnfs 10 rail-
roads, and cannot be pmperly construed
without reference % the circumstances
which existed when Il was paraed. The wnr
OF the rebellion was in proucss, and owing
To complications with England the country
had become alarmed for the safety OF our
feared Ia case those complications should re-
suit In an open rupture; hut, cfen II this
fsutr were groundiRsE, n was quite apparent
that we Mere unable 10 furnish that deiTco
OF protection 10 the people occupying thom
which every government owes 20 ~ citizeiis.
II il true the Threatened danger was happily
averted; but wisdom pointed out the ncccs-
sity of making suitable provision for the fu-
ture. This could be done In no better way
than bv the conEt ructiOn of a railroad across
the continent. Such road would bind to
gether the widely separated parts Of our COM
mon country and furnish cheap and expe-
ditious mode for the transportation OF tDops
and supplies. IL II did nothing More than
afford the required protection % the fucinc
States. II was felt that the Government, Ia
the performance Of an imperative duty,
could not Justly withhold the cid necessary
TO build it-The United states W. The Union
Pacific Railroad Company, Otto 20, 81.
This was a great national enter
prise. 1t was one that was worthy
Of the great Government Of the
United States. IL was a work nee
essary to be done. IL was work
necessary to be preserved. The Gov
ernment of the United States has
made a contract with these corpora
tions by which they have agreed,
and, so far as the idea Of personality
can attach to corporations, by which
they have personally agreed, that
they will maintain and keep this
road in order and sufficient at all
times to render distinct services to
the United States that are pointed
out in the charter of their existence.
This railroad Is a great agency and
the corporations are agents of Gov
eminent. They occupy that rela-
ton to the Government, not because
they are subjects, but because Of the
contract they made. It has become,
then, the high and solemn duty, Il
Is upon their part a great public
trust, one which they cannot neglect
without violation Of their most
solemn agreements and obligations,
at all times to keep themselves In
that win enable them tO
render to the Government the servi-
ces which they have contracted TO
render, and to protect, preserve and
keep for the use Of the psOple Of the
United States this great highway