Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-03-24

Work-a Government which, by means OF Con-
| greSslonal Investigations and strange Commits
| sions clothed with authority unknown to the
Constitution and laws of the English-speaking
people, has proceeded as though they were not
|! the men who inaugurated and carried out the
! work which led to these consequences and
! which gave to civilization and to this Union d
I magnificent domain.
THE CONNECTING COMPANY.
! The Union Pacific Company could not accept
the provision OF this grant. Mr.. Adams tells
| you here that books were opened in all the
! prominent cities of the North, and that for the
| stock which has since become so valuable but
| 1900 was subscribed. The Union Pacific did
not commence work until 1865, after the passage
| of the Act of July ?. 1854 At that time the Cen
I, trail Pacific road was completed to Clipper Gap,
| forty-two miles east OF Sacramento. and had
reached an elevation of 900 feet above the
| level OF the sea.
! In 1866 the Union Pacific was vigorously press
| ing its work in the Platte valley, and had COM
pleted at the end of the year go miles, whilst
the Central Pacific had passed Cisco and was
| eighty miles east of Sacramento and 5000 feet
above the level of the sea.
THE AMENDAToRY ACT.
On the d of July. 1864, before any part of the
J Union Pacific had been constructed, Congress
/ passed an Act amending in many respects the
| Act of 1862. Ii increased the land subsidy TO
ten sections instead of five, and directly author
! lied each company on the completion of each
/ section of its road to issue their first mortgage
bonds respectively on the telegraph and rail
! road lines to an amount not exceeding the
| amount OF bonds of the United States of even
| tenor and date of the time of maturity and rate
| of interest with the bonds authorized to be
| issued by the United States.
| Some of the reasons for the passage of this
amendatory Act, which it is i'm poriant for you
| Court of the United states in the case of the
! United States VS.. the Union Pacific Railway
| Company, 81 United States Rep. ~. Speaking
of the construction of these very Acts, this aIl-
| gust tribunal said
| OPINION OF THE SUPREME COURT
"In constituting an Act of Congress we are not
! at liberty 10 recur to the views OF individual
members in debate, nor TO consider the motives
| which influenced them to vote for against its
passage. The ACT itself speaks the viii Of Con-
| gress and this is to be asceItained from the Ian
| guage used. But the Courts, in constituting
statute may with proprlety revert TO the his DRY
| OF the times when it passed and this is fire.
quently necessary in order TO ascertain the rea-
! son, as well as the meaning, OF particular pro-
! visions i'll IT.
MANY of the provisions in the original Act
| of 1862 outside of the usual course of legs-
| lative action, and cannot be construed without
| reference TO the circumstances which existed
| when it was passed. The War of the Rebellion
| was in progress, and owing to the complications
with England the country had become alarmed
| for the safety of our Pacific possessions. The
| loss of them was feared should the complica-
| tions result in open rupture. But even ii this
| fear were groundless, 1t was quite apparent that
we were unable to furnish that degree OF pro-
| lection to the people occupying them which
| every Government owes 10 its citizens. Ii is
| true tie threatened danger happily
4
| making suitable provision for the future. This
| could be done in no better way than by the con-
struction OF a railroad across the continent. Such
| a road would bind together the widely-separated
| parts of our common country and furnish a
| cheap and expeditions mode for the Transports
ton of troops and supplies If it did nothing
more than afford the required protection to the
Pacific States it was fit that the Government, in
| the performance of an imperative duty, could
! not justly withhold the aid necessary to build it,
aud so strong and peryading was the opinion
| that il is by no means certain that the people
would have justified Congress if it had departed
| from the then settled policy OF the country re-
| garding works of internal Improvements, and
| charged the Government itself with the direct
| execution of the enterprise.
This enterprise was viewed national
undertaking, for national purposes, and the pub
| lie mind was directed to the end in view rather
than to the particular means of securing it. AL
| though this road was military necessity there
were other reasons active at the time in produc-
| ing an opinion for its completion besides the |
| protection of an exposed frontier.
There was a vast, unpeopled territory lying
between the Missouri and Sacramento rivers |
which was practically worthless without the |
facilities afforded by railroad for the transpor
| tation of persons and property. With its con- |
| structon the agricultural and mineral resources
of this territory could be developed settlements
| made where settlements were possible, and |
| thereby the wealth and power of the United |
| states largely increased. And there was also |
the pressing want, in time of peace even. of an
| improved and cheaper method of transporta- |
ton OF the mails and supplies for the army and |
| the Indians.
" 1t was in the presence of these facts that Con-
gress undertook TO deal with the subject of this |
railroad. The difficulties in the way of build |
| ing it were great, and by many intelligent per-
sons considered insurmountable. Although a |
| free people, when resolved upon a course of |
action, can accomplish great results, the scheme |
of building a railroad 1000 miles in length over
deserts. across mountains and through coun-
try inhabited by Indians jealous OF all intrusion
upon their rights, was universally regarded, at |
the time, as a bold and hazardous undertaking."
OTHER DIRECTS
These reasons, so strongly stated, were some
of the reasons which caused the Congress of the |
United States to promote the immediate con
struction of transcontinental railroads. There
were other grave and potent reasons which |
caused the passage of the Act of 1864.
While the Act was under discussion, Johnson
with his powerful army confronted Sherman,
Lee held Grant in check at Petersburg, and |
Fairly was advancing upon the National Capitol.
He took Harper Ferry on the 4th of July, 1864,
two days alter the passage of the Act, and be-
fore its approval was announced by the body in
which it had originated the Confederate flag
was in plain sight of the Capitol and the drum
beat of Early troops could be heard: the I'M
fortunate Austrian upon the throne of
MeXico Bazaine. with the French troops, occu-
pied the country; Napoleon Ill was seeking
junction with England in order to accomplish
Intervention IN favor of the Confederacy, COM
plieations of the most serious character with
England existed and that alliance was likely to
be consummated. IL would have been followed
to certainty by blockade of the Pacific
Coast, if not by the capture and occupation of
California and Oregon. Nearly the whole power
of the National Government had been exhaust
ed; its finances had been crippled and so |
clouded was the political horizon that one of
the great national parties on the 29th day of
August, 1854 declared that the war was fail
ure, and that peace should be made at almost
any sacrifc.
SITUATION FULL OF DANGER.
1t is true that peace came sooner than anyone
expected; it is true that the resources or the
Confederacy were being fast exhausted; but
they had two small but magnificent armies in
the field lea by men who will Always rank
among the ablest captains of the world,
The illustrious General Johnson, with $4,000
or 10000 veteran troops, was slowly falling back
before the advance of Sherman's army. That
other great captain, Lee, was confronting Grant
with another army of 10000 veteran soldiers
and while upon the doctrine of chances it
seemed that each must fail, yet Congress re-
membeTed and the people knew that the grand
est triumphs of our race upon the field had often
been gained after hope had fed.
Seemingly overwhelming as were the forces
that were moving upon these two great cap,
tains, it is not improbable that if mistake had
been made in their presence the issue might
have been different.
PRESSING FORWARD.
While these events were Transporting and be-
fore a single shovelful of earth had been turned |
upon the Union Pacific, the projectors of the
Central Pacific were pushing their work as rap
idly as possible.
Loyal to the Government, and with a faith
confidence and hope in its ultimate success, it
accepted its deprecated bonds at par, and bent
every energy to consummate at the earliest mo-
ment possible the object which Congress and |
the people of the United States so earnestly de-
sired.
At par, the whole amount of the Government
loan to the Central Pacific was less than the ex-
penditures of the Government for each 100
hours.
CONGRESSIONAL ANXIETY.
So anxious was Congress for the speedy com
pleton of this road, and so important was it to |
military defense, that it reserved IN these Acts
the right to take charge of and prosecute the
work military necessity if the contracting
parties failed TO carry it forward with the requi
site speed and energy
Frequently during the construction of the
road locomotives built for the company at great
expense, and absolutely necessary to the dill
gent prosecution of its work, were freely given
over TO the Federal Government by those patri-
otie men because needed for present use on
more important scenes of conflict. They did not
stand back in that dread hour when their re-
sources were needed to assist this Government.
and haggle and make terms.
READY TO ASSIST.
When our locomotives built for our own pur-
poses, and sorely needed, were called for by the
General Government, We gave them freely. We
did not then, as this Government does now
haggle over the price, and demand the last cent
which we could take from it in its hour of ne |
cessity.
Under this amendatory Act of 1854. the whole