Year: 1859

into competition with, and, whenever possible,
superseded, steam vessels. By the act Of July7,
1888. it was declared that each and every rail
road within the limits of the United States,
which now is or hereafter may be, made and
completed, shall be post route; and the Post
master General shall cause the mail to be trans
ported thereon" under certain conditions.


By the act of July 3, 1886, it was made the
duty of the Postmaster General, "before adver
tising for proposals for the transportation OF the
mails, to form the best judgment practicable
to the mode. time, and frequency Of rdnSp0rta
ton on each route, and to advertise accordingly"


1t will thus be seen that it has been the prac-
tice of the Government from its origin. to author
ize contracts to be made for the conveyance of
the mails so that they might be transported in
such manner as the Postmaster General might
elect


But the honorable Senator from Virginia rMr.
Masonl is fruitful in objections. He not only in
Inmates IT, :. Congress has no power to authorize
the President to contract for the transportation OF
the mails by railroad to the Pacific, as contem-
plated by this bill, but he says, sit is intended to
invite, upon the bonus held out by the bill opera
tors from some quarter to construct the road;'
and here is "the commencement of a new policy
on the part of this Governments The argu-
ment is unfortunate for the Senator. as among
the very first acts of Congress on this subject,
approved Sd of May 1902, it is declared in its
third section:


THAT for the better and more secure carrying
of the mail Of the United States on the main post
road between Petersburg, in Virginia, and Louis
vile. in Georgia, the Postmaster General shall be
and hereby is. authorized and directed to engage
and contract with private companies or adven-
turers, for carrying the mail of the United States
for term of time not exceeding five years, in
mail coaches CT stages, calculated to convey pas
sengers therein: Pr0rided, That the expense
thereof shall not exceed sum equal to one third
more than the whole of the present expenses for
carrying the mail on such road on horseback"


1t will be seen that, by this act the contract was
to be given to "any private companies or adven-
turcrs," not only to carry the mail in coaches
but to provide for passengers; and bonus Of
one third more than was paid for horseback trans
portation was allowed for these additional facil-
ties in transporting tie mails and passengers
submit to that Senator whether after his State
has had the benefit of the laws which required
the mail to be carried in prescribed manner at
increased ratesj jnot only in reference to speed,
but to the accommodation of passengers, is it
equal and exact justice to question the power oi
Congress to grant like benefit TO California?
There is another peculiarly about this law. 1t
does not appear that stag were running be tween
Petersburg and Louisville but that the mail was
transported on horseback; so that Congress offer
ed inducements to "adventurers' to put coaches
on the road suitable for passengers.


Now what more do ask than that Congress
shall authorize the President 10 contract for the
transportation Of mails to the Pacific by railroad?
We do not propose that the Government shall
build the road; far from it; we only offer induce
mcnts for private capital to undertake its con-
structon.


Hence, I submit that, under the Constitution,
Congress has power to authorize the President
to contract in any prescribed way for the trans
oortation of the mails. Having the power to
contract, the power necessarily exists to make
payment. and the quantum of compensation is a
matter for Congressional discretion


1t is therefore apparent, that. as q postal ar
rangement there is power to pass this bill; but
the argument becomes stronger, II possible. I'M
der the constitutional power TO provide for the
common defense. 1t is constitutional to raise
and equip troops. and to mould and cast cannont;
and it will not be denied, even by the Senator
from Virginia. that it is constitutional to trans
port troops, supplies, and munitions of war, from
one part Of the country to another. If constitu-
tiona to transport them is there, then, anything
to limit the power of Congress as to the mode or
manner of doing so; of making contracts in
advance for their transportation? The question
is too plain for argument or illustration?


The opponents of this bill, when forced to re-
cede from opposition upon constitutional grounds,
attack it on account of the immense cost it will
entail upon the Government. An examination OF
its provisions will show how little foundation
there is for this objection.


1t is proposed to give alternate sections of
land for twenty miles on each side of the road.
The policy of granting land to aid in the construc
tion OF railroads is too we'll established to need
an argument, and the only objection that need
be noticed is as to the quantity of land granted.


1t will be Observed in the first place, that the
land without the road is utterly worthless, and
would not, perhaps for century or more, pro-
duce to Government enough to pay the expenses
of surveying and selling it and next it is obv-
Gus that the building of this road is an event that
our Government, for political reasons, desires,
and we only seek to invite private capital to be
invested for our benefit. There is no much sur
plus capital in the country and in order to in
duce its investment in great and untred under
takings like this, must offer proper encourage.
ment | shall presently show that the grant of
land by the bill is the only contribution by the
Government to the work.


Senators have spoken about the immense ex-
penditure of money which by this bill would be
entailed upon the Government. / most uuequio-
ocaly deny that the Government a0W az any
manner risk the .oSs Of one d0Udr, # 1t passes.
| ask the attention of those senators who are pre-
vented from fayoring the measure by the fear 1t
will become a burden upon the Treasury, to this
part of my argument The proposition submit
ted for consideration is, that the only aid asked
from the Government is simply donation OF the
alternate sections of land. 1t IS true that the
bill proposes that the Government shall advance
$500 per mile in bonds to the contract tors, as
soon as section of twenty-five miles shall be
completed that is to say, when "twenty-lye
miles of the road is made and put into successiul
operation" then the Government shall loan the
contractors at five per cent. interest," s3oZooo III
bonds. The loan is not to be made until the sec
ton of twenty-five miles is completed and in run
ming order; then the Government advances, for
the first time, S302 800 in bonds and patents three
tourths of the alternate sections OF land


Now, before an advance ofa dollar In bonds can
he made. twenty five miles of the road must be
built. Then the Government pledges it credit
and acquires lien or mortgage upon the road
for the fulGlment of the whole contract Sup
pose the ontractors after receiving the 1902 800
In bonds and the lands. should fail: then the
Government would take possession OF the road
which must have cost the contractors probably