Year: 1869

eign Relations, where it was very care
fully considered and digested, cabl
3 has been landed on our shores from
France.sand THAI makes it importan
to modify the bill SO as to render it
provisions applicable to that cable.
therefore propose, in the third line o
the first section, to strike out the wore
whenever and insert the word cal,
and after the word Communication
to strike out the words ''shall hereaftel
be established ;" SO that the clause shal
read; "that all communication be
tween the United States and any for
eign country" instead of reading, a:
1T does now, "that whenever commu
nication shall hereafter be established


between the United States and any
foreign country" The effect of the
amendment is make this language pre-


cisely applicable not only to all future


cables, but to all existing cables; and


it proceeds, as Senators who give at


tention to the bill will see, with a reg.


ular code, if may so characterizesit,


on the subject, equally applicable to all.


Mr.. THURMAN. 1 rise to obtain


some information about this bill, to


which 1 am stranger. If 1 compre-


hended hearing it read, it asserts the
power of Congress or OF the General


Government over the subject of land


ing cables, all telegraphic cables in


fact from any foreign country, on the


shores OF the United States. The SEN


ate is aware that there has been q very


serious question mooted as to the right


of a State to permit the landing Of q


cable on her shores irrespective of any


assent of the General Government, and


that very distinguished lawyer, once


among the most distinguished members


of the Senate-I refer to Mr. johnson,


of. Maryland-gave it as his opinion


after thorough investigation of the


subject, as he said, that any State in


the Union had the right to permit the


landing of a foreign cable upon its
shores.
| If | understand the scope Of this
| bill it denies that right and asserts that


the subject is under the absolute and


unlimited control of the General Gov


efnInent,s5 or at least, if not under its


absolute control, if the assent of the
State is necessary, that still the sub


ject Is one over which there is a supe-


rior power of regulation in Congress.


| express no opinion OH that point, for
l have not Investigated it; but it is a
subject which is certainly worthy of
investigation. l should therefore be
glad if the Senator who moved to take


up the bill and who is pressing it
should permit it to be referred to the
Committee on the Judiciary for the
purpose of considering that question.


1 know the Senator says that the
bill passed the Senate at the last ses-
sion of the Fortieth Congress, and it
is with great deficence that 1 make a
motion to refer bill which has once
received the appreciation Of the. Sen
ate; but there are new members in the
Senate who were not in the Senate
when this bill passed, and it seems to
me it would be well that we should
have q report from the Committee on
the Judiciary upon the law of the
case. 1t is an exceedingly important
question, certainly, whether or not
State has the right to permit the land
ing of a cable against the will of the
General Government. l say again
express no opinion upon that point, for
l have not studied the question at all /;
but surely after lawyer as eminent
as the gentleman TO whom / have re-
ferred has stated that to be his delib- |
crate opinion


Mr.. SUMNER. Who was the law
yer, may ask?


Mr.. THURMAN. Mr.. Reverdy |
Johnson. He stated that opinion, pro-
Tossing to have formed it after deib-
crate Investigation of the question. 1t
does seem to me that it is question,
therefore, that merits investigation
and that the bill ought not to be put
through the Senate without that inves-
tigation. If, then, there be no objec-
ton on the part of the Senator who is
pressing this bill, l would move that
It be referred to the Committee, on
,he Judiciary.


The VICE PRESIDENT. Does
he Chair understand the Senator to
make the motion?


Mr.. THURMAN. I make the mo-
ion.


The VICE PRESIDENT. The
senator from Ohio moves to refer the
ill to the Committee on the Judiciary. /


Mr.. SUMNER. My friend from
)hio shows that he is new in this {
chamber. Had he been here longer


think he would not have made such a s
notion. This bill comes from one of the {
landing committees of this body. l {
ave stated that it was the subject of
areful and most mature consideration |
" that committee, and the Senate has f
low before it the result of their best G
onsideration. And now my friend I
rom Ohio proposes that their work I
hall be reviewed by court of review, s
nd 1 understand him, being another 1
ommittee of this body, in whom at b
east he shows more confidence than +
n that committee to which this sub j
ect was referred by the Senate. / o
annot quarrel with the Senator for S
is opinion; but do not think the d
'enate will concur with him that the b
ction of one committee of this body O
to be referred to another for review. r
such 1 do not understand to be the Or
er of business in this Chamber. I r
oubt ifthe proceeding could be adopt t
d without disrespect to one committee a
f this body, however much it might
xa1t another 7 cannot helieve that t