Year: 1869

we know that almost everything has


been claimed runder~it at one time or


another. Certainly it is not to be as


sumed at once and without discussion


that that is a power which overrides
all the rights of the States in this mat,


Ter. / have seen it stated-I do not


know how true it is; the Senator


from Massachusetts, can correct
the report if it is an erroneous one
that the State of Massachusetts au-.
thorized the landing of 1.-THE French
cable on her shore. If she, did she
must have thought that there was
something like State rights; that there


was something that required her as
| sent. She must have thought that
she was not simply a county in. tho
United states under the absolute do


nlinion af Congress. 1 say I have
seen it stated that she gavestfiat assent.


Whether that would have been 9sufff-
cient without the assent of Congress,
or whether even granting that it would
be sufficient the Government of the


United States would not have some
power Of regulation OF of control over
that cable, are questions of great inn
port, but upon which have not form
cd decided opinion. The inclina-
ton of my mind, I will say, is that q
power of regulation and control ought
to be and is vested in the Government
oil the United States. That is my
first impression; but it is an impress
sion that l wish time to either verify
the correctness of or to find ont fhe
error of, if there is error in it. jai'i :!


But protest, sir, that there Is no
disrespect to the Committee on For
eign Relations, there is no disrcspect
to the Senate, in asking that this
question may be considered. 1t isa
great question. The Senator from
Massachusetts knows as well as any
member of this body to what q debate
the proposition for mail steamers gave
rriseFin Congress, what an investfga-
ton of the powers of this Government
took place when that proposition was
first mooted. This is going a, stop
beyond that, but perhaps in principle
not really stop beyond. 1t is anew
thing, however; differ ent from that in
its practical operation, however much





for one am not willing to take new
steps without investigation; and; while
the first impression of my mind isthat
the Government of the United States
has the power of regulation over this
subject, not so much under the power
to regulate commerce rs under the
war power, which may make it essen
TALLY necessary that the Government
of the United States shall have some
control over these c'bles, shall have
some power of regulation over them,
at the same time l should like to have
my thoughts matured on that subject
before this bill is pressed to a passage.


1t is said, sir, that this bill has al g
ready passed the Senate. I am sure it
never passed this Senate. 1t may
have passed the Senate in the Forti-
eth Congress. This body is not COM
posed now as it was in the Fortieth
Congress; and although that may ree~'
ommend and ought to recommend the
bill TO he constellation of the Senate
as now constituted, it certainly is not
conclusive on the question. We are
not to pass the bill simply because
our predecessors passed it.


L have only to say that if there is
unusual, if there is anything
contrary to the custom of the Senate
in moving to refer bill that has come
from one committee to another COM
mittee, then L with great Difference to-
that usage withdraw my motion, sim
ply declaring aga n that such a thing
is dlsrespect for the Committee ON
Foreign Relations was the furthest
hing possible from my thoughts
That committee contains lawyers as
,minant as any upon the Committee
IN the Judiciary or upon any other
committee in the body, and to whose
egal opinions L should pay as much
reference rs would to those of the
members of the Committee on the Jut
liciary or of any other committee,
'ut still must be permitted to say
hat when a committee is charged
rith a particular subject, as the Judi
iary is of legal questions, a reference
t a bill from another committee to-
he Committee on the Judiciary to in
estigate those legal questions is not
isrespectful to the committee that
eported the bill nor is it contrary to-
,gislative usage. -a s..t