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a State had been found to assert the right of honorable Senator from Massachusetts consid- || sions of a huge bludgeon, with which he would controlling all the commerce through its limits ered those powers in the order in which they knock out the brains of every railroad com: to go over one channel to the exclusion of an- are named. For the purposes of my argument pany in the land. It had, in his hands, and other. I think it would have astonished us to I shall reverse his line of proceeding.

according to the powers that he claimed for be told that a State had started such an au- He cites, as his only authority for the power the General Government, sufficient power to thority; but it has been asserted, and it is as claimed under the clause to raise and sup. destroy the active capital now invested in railgravely argued that we are bound by it. I hope port armies, the action of the last Congress roads, amounting to $1,200,000,000 ; because that will not be the conclusion of the Senate. with reference to the general management of he distinctly claimed that in the Wheeling bridge I do wish that the Congress of the United States the railroads of the country. I can hardly think case the Supreme Court had decided that Concould be emancipated some time or other from that the Senator, upon reflection, would claim gress hadthe right to construct railroads, through this notion, that not only was it bound by the that act as a precedent, or insist that Congress and over any of the States without their consent. authority of the people of all the States, but it should now exercise the power which it did by Mr. HOWE. It was the Constitution that was bound in every direction by the authority that act, namely, to place all the railroads in I made the bludgeon out of, not this bill. of any one of the States. I am as strict a con- the country under the specific and exclusive Mr. CRESWELL. Very good. The genstructionist of the Constitution, it seems to me, charge of the military authorities; for that is tlemau seeks by this bill to exercise the power as anybody ought to be; I am as jealous of the precise language of that act. A clause of in whole or in part. His argument was that allowing the Government of the United States the first section authorized the Government- Congress had the power, not only to prescribe to interfere in what are the domestic concerns "To place under military control all the officers,

terms and to confer additional franchises upon (to use an old-fashioned, and, I thank God, an agents, and employés belonging to the telegraph and

railroad corporations already existing under out of fashion form of expression) of a State;

railroad lines thus taken possession of by the Presi.
dent, so that they shall be considered as a post road

the authority of the States, but that Congress that is to say, what concerns its own people, its and a part of the military establishment of the Uni- had the right to make railroads and, in the own affairs, and its own prosperity alone. But ted States, subject to all the restrictions imposed by exercise of the power over internal commerce, the commerce which moves between New York the Rules and Articles of War."

to create corporations for that purpose. Now, and Philadelphia is not an affair which con

The second section provided that all attempts

sir, I know that I may be charged with temercerns the State of New Jersey. That is an affair by any parties whatever to interfere with the

ity, and that I may perhaps subject myself to which concerns all the United States, and conexercise of the power granted in the bill should

a rebuke from the Senator from Wisconsin and cerns vastly more the States of New York and be punished "as a military offense by death or

the Senator from Massachusetts, when I state Pennsylvania than it does the State of New

such other penalty as a court-martial may that in my opinion the Constitution of the UniJersey. That is not a domestic interest; that impose.

ted States imposes some limitation upon the is not a domestic concern; that is not a do.

The third section authorized the appoint

power of the General Government, and that mestic affair. That is one of the affairs which, ment of three commissioners to assess the

the people who ordained and established that as I said in the outset, was the very purpose of damages suffered by reason of the seizure of

instrument did not thereby confer imperial adopting this Constitution, in order to place it

the railroad or telegraph lines under the act. under the control and under the direction of

In the fourth section it was provided

powers upon the Government of the United

States. That may be a grave offense. If so, . the United States of America; and if this au

"That the transportation of troops, munitions of

I apologize to the gentleman from Wisconsin. thority claimed on the part of New Jersey is

war, equipments, military property, and stores
throughout the United States shall be under the

Mr. HOWE. No; the Senator does not owe affirmed any longer by the Legislature of the immediate control and supervision of the Secretary me any apology. I simply want to say that United States, you have sacrificed, you have

of War and such agents as he may appoint; and all over the subject of the regulation of commerce voluntarily abandoned, one of the dearest inter

rules, regulations, articles, usages, and laws in con-
Alict with this provision are hereby annulled."

I think the Constitution does confer on this ests you ever had, or can hope to have, in the

The fifth section declares

Congress imperial power. Government.

Mr. CRESWELL. So far as it goes; but Mr. CRESWELL. I propose to make a few

"That the provisions of this act, so far as it relates

to the operating and using said railroads and tele- the question is, how far does it go? The genremarks upon the pending bill; but before en- graphs, shall not be in forco any longer than is ne- tleman extends it so far as to destroy all the tering upon what I have to say, I desire to sug. cessary for the suppression of the rebellion."

powers and all the rights of the States. He gest an amendment to the bill as now stands. The very authority which the gentleman cites makes not only the power as granted by the It is to insert as an additional section the shows that the power which he claims is some- fathers in the Constitution imperial and exclu. following:

thing altogether different from that which was sive, but he denies all power to the States over And be it further enacted, That Congress exercised in that case. That was an exercise

their own soil. He usurps from them the exermay, at any time hereafter, alter, amend, or repeal of the military power of the Government dur

cise of the right of eminent domain. this act at pleasure.

ing the war in an effort to protect and to pre- The argument of my distinguished friend Mr. SUMNER. There is no need of the serve itself; but as the rebellion has been sup- becomes a little more significant when we look words" at pleasure.'

pressed no such necessity now rests upon the at certain bills which have recently been introMr. CRESWELL. It is not a very long || Government to claim the exercise of any such duced into the House of Representatives; and section, and if there should be two or three power, and of course it cannot exist. Indeed, of which it would seem that this bill is the words in excess, I do not think they will do || by the terms of the law it is no longer opera- forerunner. One of them is House bill No. much damage. It will not be much of a trial tive.

96, "to provide for the construction of a line to the gentleman's eyes to read the whole of In the next place, this power is claimed of railway communication between the cities the amendment. under the clause of the Constitution with ref

of Washington and New York, and to constiMr. President, this measure has engaged the erence to the establishment of post offices and

tute the same a public highway and a military attention of the Senate during the greater part | post roads. It is nowhere stated, and it can- road and postal route of the United States ; of the last session and during so much of this not be stated with truth, that in any part of and upon looking through that bill, I find in session as has passed. One matter which has the country over which it is now proposed to the sixth section thereof this provision: excited my suspicion somewhat with reference extend the authority of Congress there is any

That said corporation is hereby empowered to purto the question, has been the difficulty of bring. denial of the right of the Government to chase, lease, receive, and hold such real estate or ing its advocates to a precise presentation of transmit mails. I believe that every railroad other property as may be necessary in accomplishing their case. When we come to inspect the bill company in the land is already subjected to

the objects for which this incorporation is granted;

and may, by their agents, engineers, contractors, or we find, in the preamble of it, that gentlemen | that clause of the Constitution, and willingly workmen, immediately enter upon, take possession claim to pass it under three of the powers subunits to the authority of the Government of, and use all such real ctate and property as may granted to Congress in the Constitution. When in the transmission of its mails. One thing is

be necessary for the construction, maintenance, and

operation of their said railway, and the accommodadriven from the refuge which they seek under certain : they are all anxious to secure con- tions requisite and appertaining thereto. But all any specified power, they immediately resort tracts for that purpose with the Government, real estate or property thus entered upon and approto a second, and if driven from that, to a third, || and so far from the States attempting to inter

priated by said corporation, which are not donations,

shall be purchased by said corporation of the owner and if driven from the third, they then claim, fere with it, it is their manifest interest to offer orowners of the same, at a price to be mutually agreed under the combined powers of all, that Con- every possible facility for the transmission of upon between them. And in case of disagreementas gress has the right to pass this bill. the mails with a view to the accommodation

to price, and before the final completion of said rail

way and its appurtenances, the said corporation, or I shall refer particularly to the argument of of their own citizens; and the difficulty is, not the owner or owners of such real estate or property, the learned Senator from Massachusetts [Mr, that the States refuse to the Government the shall apply by petition to one of the justices of the SUMNER] with reference to the constitutional

use of their roads for postal purposes, but that || Supreme Court of the United States. power of Congress over this subject, because the States cannot procure from the General And he is to appoint commissioners to view, from the known, acknowledged ability of that Government a sufficient number of post offices value, condemn, and appropriate the land. gentleman, his untiring industry which, like and the assignment of a sufficient number of I challenge the gentleman from Massachu. faith, seems sometimes to move mountains, and post roads. Applications come every day to setts, with all his erudition, and I challenge the his immense erudition, I am satisfied if no the Government for that purpose.

gentleman from Wisconsin, with all his ideas authority can be found under the Constitution The power, if it exists anywhere, must exist of a liberal interpretation of the Constitution, for the passage of this bill by that gentleman, under the clause to regulate commerce.

to adduce one solitary instance wherein any it is only because none exists.

somewhat amused at the argument adduced by || such power has been claimed or exercised by In the preamble to the bill, the power to pass the Senator who has just taken his seat. He the Congress of the United States. That there it is claimed, first, under the clause to regulate began by calling this a “little bill," and he are some things which the Congress cannot do commerce among the several States; second, said it was as harmless as any man's walking- in the exercise of its powers over foreign and the power to establish post roads; and third, the stick, but before he took his seat be showed | domestic commerce there cannot be a doubt. authority to raise and support armies; and the ll that that walking-stick had assnmed the dimen- || There are two classes of powers which are

SEC. —

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this power.

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vested in the General Government under the In other places it will be referred to mercantile the modifications ander which that assent may be Constitution; one consists of powers affecting monopolies.”

given, will necessarily control the manner of applyrelations which grow out of the Union itself as Precisely the ground upon which gentlemen

ing the money. It may be, however, observed that in

relation to the specilie improvements which have between different States; the other consists of now claim the power.

been suggested, there is hardly any which is not either powers in relation to matters over which, pre- "Mr. Wilson mentioned the importance of facili

already authorized by the States respectively, or so vious to the adoption of the Constitution, the tating, by canals, the communication with the west

immediately beneficial to them as to renderit bighly ern settlements. As to banks, he did not think, with

probable that no material difficulty will be cxperiStates themselves had exclusive jurisdiction, Mr. King, that the power, in that point of view, would

enced in that respect.” and which previously existed in the States; excite the prejudices and parties apprehended. As Then I have before me the message of Mr. and the doctrine has been maintained in the to mercantile inonopolies, they aro already included

Jefferson, in which he recommends that Conin the power to regulate trae. courts, so far as I have been able to gather it "Colonel Mason was for limiting the power to the gress propose a constitutional amendment for from the decisions, that as to the first class of single case of canals. He was afraid of monopolies the adoption of the States for the very purpose powers Congress may exert exclusive jurisdic- of every sort, which he did not think were by any means already implied by the Constitution, as sup

of conferring upon the General Government tion without an exclusive grant of power in the

posed by Mr. Wilson. terms of the Constitution, and that as to the “The motion being so modified as to admit a dis- Now, sir, I have given, the opinions of Mr. other it required from the States an exclusive tinct question, specifying and limited to the case of

Hamilton, Mr. Jefferson, and Mr. Madison, canalsgrant in terms in the Constitution; otherwise,

"Pennsylvania, Virginia, Georgia, ay-3; New who were considered as the respective heads it was not vested in the General Government. Hampshire, Massachusetts, Connecticut, New Jer- of the three great schools of constitutional inNow, sir, that the States have the exclusive sey. Delaware, Maryland, North Carolina, South Carolina, n0–8.

terpretation, and they all agree in the opinion right to their own territory, and had before the

The other part fell, of course, as including the that there was no such power in the General adoption of the Constitution, nobody can doubt; power rejected."

Government. But the Senator from Wisconsin and I think it has been reserved for these latter

Thus it appears that there was a flat refusal cited with some degree of satisfaction an opin: days for gentlemen gravely to maintain that the on the part of the Convention to insert that ion delivered by Mr. Justice McLean on that General Government can, for the purpose of power in the Constitution; but there are some subject, from which he drew an inference favor. commerce, take without the consent or author- Other authorities. Mr. Madison at a late able to his view of the question. The gentle. ity of the States a portion of their territory. period of his life, January 6, 1831, in a letter man forgot a decision made by the same learned

Why, sir, the Constitution provides, in so to Mr. Reynolds Chapman, who seems to have judge, reported by himself in the sixth volume many words, that exclusive authority over any written a treatise, which was highly esteemed, of his Reports, page 524, in the case known as portion of the States, even for the purposes of on the constitutional powers of the Govern- the Rock Island bridge case, in which he says, forts and dock-yards, cannot be acquired by || ment, used the following language:

upon the precise pointthe United States except by the consent of the “Canals as an item in the generalimprovement of "Under the commercial power Congress may deStates; and if there is anything of authority the country have always appeared to me not to be elare what shall constitute an obstruetion or muidue to the opinions of the eminent men who

embraced by the authority of Congress. It may be sance by a general regulation, and provide for its

remarked that Mr. Hamilton, in his report on the abatement byindictment or information through the in the early history of the Republic were deemed

bank, when enlarg the range of construction to Attorney General; but neither under this power, nor the expounders of the Constitution, the gentle- the utmost of his ingenuity, admitted that canals under

the power to establish post roads, can Congress man will be left without even the shadow of a were beyond the sphere of Federal legislation." construct a bridge over navigable water. This bedoubt from which to draw comfort. I have Again, in the same letter, Mr. Madison said:

longs to the local or State authority within which

the work is to be done. But this authority must be some books before me containing the opinions "Perhaps I ought not to omit the remark that al- so exercised as not materially to conflict with the of three persons who are, I admit, somewhat though I concur in the defect of powers in Congress paramount power to regulate commerce. old fashioned. One of them is Mr. Madison,

on the subject of internalimprovements, my abstract If Congress can construct a bridge over a navi

opinion bas been that, in the case of canals particu- gable water under the power to regulate commerce another Mr. Jefferson, and the other is Mr. larly, the power would have been properly vested in or to establish post roads, on the same principle it Hamilton. Mr. Hamilton in his day was conCongress.

may make turnpike or railroads throughout the counsidered rather a liberal interpreter of the Con

* It was more than once proposed in the Con- try. The latter power bas generally bcen considered

vention of 1787, and rejected, from an apprehension as exhausted in the designation of roads on which the stitution, and was the acknowledged leader of chiefly that it might prove an obstacle to the adop- mails are to be transported; and the former by the the latitudinarian school, as it was called; but tion of the Constitution."

regulation of commerce upon the high seas, and upon

"It cannot be denied that the abuse to which the our rivers and lakes. If these limitations are to be it seems he was far behind the learning of this exercise of the power in question has appeared to be departed from there can be no others except the disadvanced age. Mr. Hamilton, in his great argu- liable in tbe hands of Congress is a heavy weight in cretion of Congress." ment, as submitted to General Washington on

the scale opposed to it. But may not the evil have
grown, in a great degree, out of a casual redundoney I think, Mr. President, it is perfectly safe to

Without further reference to the books, I the power of the Congress of the United States

, to establish a corporation for the purposes of bearing indirectly on the people, and mingled, more- leave the question of constitutional power on the National Bank, excludes from the powers

over, with the discharge of debts of peculiar sanctity?
It inight not happen, under ordinary circumstances,

the authorities cited. And unless gentlemen of the General Government all authority to

that taxes even of the most disguised kind would can controvert these authorities it seems to me make any work of internal improvement requir- escape a wakeful control in the imposition and appli

they have no standing before the Senate in ing that they should appropriate any portion

cation of them. The late reduction of duties on of the land within the States without their con

certain imports, and the calculated approach of the claiming that any such power should be exerextinguishment of tho public debt, havo evidently

cised. I am aware, however, that when driven sent; but I will refer first in order to what oc- turned the popular attention to the subject of taxes from the open field they will say that the argucurred in the Convention to form the Consti

in a degree quite now, and it is more likely to in-
crease than to relax. In the event of an amend-

ment does not apply to them, because they do tution of the United States. I quote from ment of the Constitution guards might be devised not attempt by this bill to exercise any such Elliot's Debates, volume five, page 543: against a misuse of the power without defeating an power, inasmuch as they do not propose to "Dr. FRANKLIN moved to add, after the words important exercise of it. If I err, or am too sanguine

build a railroad. But if we look at the bill, it in the views I indulge, it must be ascribed to my 'post roads,'article one, section eight, a power 'to provide for cutting canals whero dcemcd necessary.' conviction that canals, railroads and turnpikes are

will be found to authorize all railroad compa"Mr. Wilson-seconded the motion."

at once the criteria of a wise policy and causes of nies throughout the country whose roads are

national prosperity; that the want of them will be This was a motion to amend a clause now in a reproach to our republican system, if excluding

worked by steam to carry upon and over their the Constitution. I may say here that in that

them; and that the exclusion, to a mortifying extent, roads, connections, ferries, boats, and bridges, day railroads were unknown, and canals were will ensue if the power be not lodged where alone it

all passengers, troops, Government supplies, can have its due effect." the only great mode of intercommunication

mails, freight, and property on their way from between distant points for heavy articles of

Mr. Madison was as zealous an advocate for

any State to another State, and to receive railroads, canals, and other improvements as commerce.

compensation therefor, and to connect with any gentleman on this floor, and yet he frankly the roads of other States so as to form contin“Mr. SHERMAN objected. The expense, in such cases, will fall on the United States and the benefit

admitted that no such power existed, and could uous lines for the transportation of the same accrue to the places where the canals may be cut. only be exercised by the Government after a to the place of destination. It authorizes these

Mr. Wilson. Instead of being an expense to the constitutional amendment granting the power. United States they may be made a sourco of revenue.

roads to carry freight and passengers and to "Mr. Madison suggested an enlargement of the

One of the most important and interesting | charge compensation therefor, and to connect motion into a power 'to grant charters of incorpo- state papers upon this subject of internal im- with other roads throughout the country. ration where the interest of the United States might provements, under the powers of Congress, is require, and the legislative provisions of individual

Now, sir, either the bill is worth something States may be incompetent." the report that was made by Mr. Albert Gal.

or nothing. If it conveys no power, invests in Mr. Madison was a friend of the motion; he

latin, April 4, 1808. After reviewing the prin. || these roads no right which did not exist under desired to have the power granted to the Uni

cipal works of internal improvement, as they State authority, then the bill is utterly useless

then existed in the country, or had, at that day, ted States.

and nugatory; but I apprehend that the friends been projected, Mr. Gallatin proceeds to con“His primary object was, however, to secure an easy

of this measure expect to accomplish somecommunication between the States, which the free

sider the question as to how far and in what | thing by the legislation they propose. They exintercourse pow to be opened seemed to call for. The way the General Government might afford pect that these roads will, under the provisions political obstacles being removed, a removal of tho assistance to those works; and he says: natural ones, as far as possible, ought to follow.

of this bill, derive and exercise rights and fran* Mr. RANDOLPH seconded the proposition.

“The manner in which the public moneys may be chises which have been denied to them by the “Mr. King thought the power unnecessary.

applied to such objects, remains to be considered. "Mr. Wilson. It is necessary to prevent a State

It is evident that the United States cannot under

States. This bill if it be operative at all must from obstructing the general welfare.”

the Constitution open any road or canal without the confer privileges which do not already exist. consent of the State through which such road or canal

That, in my judgment, is the exercise of the Putting it upon the very ground gentlemen must pass.

In order, therefore, to remove every now do. impediment to a national plan of internal improve

same power, not perhaps the same in extent, ments, an amendinent to the Constitution was sug- but certainly the same in kind, which is claimed "Mr. King. The States will be prejudiced and gested by the Executive (referring to Mr. Jefferson) | by those who assert that the General Govern. divided into parties by it. In Philadelphia and New wben the subject was recommended to the consideraYork it will bo referred to the establishment of a bank, tion of Congress. Until this be obtained, the assent

ment has the power to construct railroads and which has been a qubject of contention in those cities. of the States being necessary for each improvement, to build canals from one end of the Union to


the other; an argument just as strong can be sum of nearly $36,000,000 she has received tion of a road from the city of Washington to made against the one as against the other upon about one and a half per cent. in the way of the Point of Rocks. the general principle of want of power. returns.

Mr. JOHNSON. My colleague will permit The companies are authorized to carry pas- It is not only unconstitutional but it is unjust me to state what they are doing, as perhaps I sengers and freight "upon and over their in the extreme for Congress to attempt to uşurp know it better than he does. roads," &c., and to receive compensation this power at this late day. To do so is to Mr. CRESWELL. Certainly. therefor." Now, sir, if it be doubted whether cripple the States most seriously in their re- Mr. JOHNSON. The Baltimore and Ohio these companies have or can have under any

To do so is to cause Maryland as one Railroad Company and the city of Baltimore bill passed by Congress any right to charge of them to lose, not only the $27,000,000 of both are exceedingly anxious to have the Contolls, certainly that argument may be applied unproductive capital which she has invested in nellsville railroad completed. A charter was to this bill; and the same objection may be these works, but the $7,764,797 which are still obtained from Pennsylvania for that purpose, made to that provision in regard to compensa, productive.

and a charter from Maryland. The Maryland tion. But the object of the bill, as it is claimed Gentlemen from the West will bear with me charter authorized the company chartered by by its friends, is to destroy monopoly; and the while I present to them one consideration touch- Pennsylvania to come to Cumberland, so as only case cited by gentlemen who argue in favor | ing this subject. The policy of Maryland has to connect with the Baltimore and Ohio railof its passage is the case presented by the con- always been most liberal upon the subject of road. Owing to causes which it is unnecesdition of affairs in New Jersey. It should be internal improvements. She has exerted her. sary now to mention, Pennsylvania after hav, considered that under the phraseology of this self to the utmust to facilitate the commercial ing granted a charter to that company repealed bill these railroad companies are only “au- connections between the several States. She it; repealed it upon the ground that the comthorized” to connect with other roads. They || has never presented herselfas a barrier between pany had not complied with the conditions of are not obliged to connect with other roads ; the States of the North or the East or the West | the charter. There was some suspicion that and, in my judgment, the result will be that and the national capital. She has afforded them the cause of that repeal was to prevent the they will exercise such a discretion that all the facilities to an extent which almost proved ruin- trade coming to Baltimore. Whether that is stronger roads will unite to the exclusion of ous to her own financial system.

true or not is immaterial. There is a suit now all the weaker, and instead of a monopoly con- Mr. SHERMAN. Will the Senator allow | pending between the Connellsville Railroad fined to the State of New Jersey, you will have me a word?

Company and another company chartered by a monopoly stretching from Boston to New Or- Mr. CRESWELL. Certainly.

Pennsylvania, in which the validity of the leans, and wielding an amount of capital that Mr. SHERMAN. I do not wish to disputé repealing act is in issue. I tried a cause inwill be strong enough to draw all the trade of the assertion of the honorable Senator from | volving that question in the circuit court at the country along the lines of their railroads, Maryland as to the policy of his State, but I'| Williamsport, Pennsylvania, during the last and so far to paralyze the spirit of enterprise as wish to make a suggestion now in regard to the summer, and the jądges there decided that that to prevent the construction of any other roads great road of that State to which he alludes, law was unconstitutional. The controversy is to compete with them ; so that if I am right, which I think will not do him or the road or not yet settled. That question was upon a this bill, instead of destroying existing monop- the State of Maryland any harm. I think that motion to dissolve an injunction. But since olies, will rather operate the other way. It there are complaints and just complaints to be then I am glad to say to my friend from Ohio will serve as a nursery for monopolies, and will made against the Baltimore and Ohio railroad that under a charter granted by Maryland, the enable one great monopoly, by destroying all company, and as one of the small complaints object of which is to bring the Baltimore and competing roads, to exert a pernicious influ. which they ought at once to avoid, is the diffi- Ohio railroad more directly in connection with ence upon the legislation of the country and culty they interpose in transporting baggage Washington than it is now by virtue of the all its industrial interests.

and passengers through the city of Baltimore. existing road, a route has been surveyed from Mr. President, I am not speaking in the in- Mr. CRESWELL. The Senator will pardon the Point of Rocks, coming through the neighterest of any railroad company; I am as will. me; I'will inform him that I am not the bag. || boring county of Montgomery, and the coming as the friends of this bill to destroy all gage master of the Baltimore and Ohio rail

pany are about to commence that work at once, monopolies wheresoever found; but I do speak | road.

and I have very good reasons to believe that in the interest of the State which I in part rep- Mr. SHERMAN. I know that; but the Sen- that rou, will be worlated in a very short resent upon this floor. I object to the passage ator was saying that the State of Maryland and time, the effect of which will be to give a direct of this measure because I believe it will have the Baltimore and Ohio Railroad Company had communication from the city of Washington a most injurious effect upon the commercial been very liberal. It seems to me that they to the West, which everybody must see is very interests of the country, and especially upon have nnt been so liberal.

desirable. Whether if such a communication the great interest which is now known as the Mr. (KESWELL. I spoke of the State of had existed before two or three million dollars railroad interest. Sir, gentlemen talk of the || Maryland, not of the Baltimore and Ohio rail- would have been saved to the Government is exercise of the power of constructing railroads | road.

perhaps problematical, because the great ex. by the States as if, instead of having accom- Mr. SHERMAN. You cannot speak of the pense and trouble to which the Government plished more than the industry and enterprise State of Maryland in this connection without was put, and to which the Baltimore and Ohio of peaceful men ever accomplished before in speaking of the Baltimore and Ohio railroad. Railroad Company was subjected, was from the history of the world in the same period, Mr. CRESWELL. I was speaking of the the raids upon that road, and those raids would they had been resting supinely and had really conduct of the State of Maryland with refer- have applied just as well to a road continu. accomplished nothing. The Census Report ence to the promotion of the commercial inter- || ously running from this District to the nearest for 1800 shows that in the preceding decade ests of the nation.

point upon the Baltimore and Ohio railroad as there had been built lines of railroad stretching Mr. SHERMAN. Then I will make another

upon the road as it existed. over 22, 204 miles, and that in the same period complaint against the State of Maryland. Up My colleague will pardon me for adding a $854,900,681 had been invested in railroads in to this time the State of Maryland and the State || word further. The late lamented President this country.

All that money was invested of Pennsylvania--for I make the complaint of the United States and the present Secretary upon the security afforded by State charters; against both of them—have stood in the way of War have over and over again told me, and much of it was brought from abroad; and a of a railroad between Cleveland and Pittsburg they have communicated it oflicially to the large part of it was gathered from other locali- and Washington city-a road that must some Baltimore and Ohio Railroad Company, that ties than those in which the roads were con- time or other and that ought to be speedily || the service rendered by that road to the Unistructed. If Congress shall now assume the built-a road which if it had existed during || ted States during the rebellion was invaluable. right to revise these charters and to restrict the recent war would have saved this Govern- It not only saved thousands and thousands of them, notwithstanding the fact that ever since ment two or three million dollars. I speak | dollars, but it saved this capital. One of the the adoption of the Constitution no one has within limits when I say that.

feats which they achieved at the instance of claimed such a right, and that it has been con- Mr. CRESWELL. Does the gentleman refer the Government, and without which perhaps ceded that the authority to construct railroads, || to the Connellsville road?

we might have been defeated at Richmond, canals, and all works of internal improvement Mr. SHERMAN. Yes; that is part of the was bringing forty thousand soldiers of Gen: except so far as the Government might aid line. I know the Baltimore and Ohio railroad eral Sherman's army to the relief of the capithem by making contributions in money or has been interested in completing it from Pitts- tal in order to join Grant's army. They brought lands, belonged to the States, the effect, in my || burg to a connection with their road, and the whole of them, I think, in two or three judgment, will be most disastrous upon this thence to Baltimore. Now, the people of the days, without losing a man or losing anything great interest.

United States, and especially the people of the connected with that branch of the Army, even How is it with my own State? I find, on State that I represent, in which there is a great a cannon or anything else; and they were as looking over the last report of the comptroller | deal of feeling about this matter, desire the speedily as possible sent to the front, by that of the State, that Maryland, without any aid || construction of a railroad from the capital means enabling General Grant with the force from extraneous sources except what capital | of the Government through Pittsburg to the he before had to accomplish the victories which she could borrow upon her State faith, has Northwest.

were so priceless in their results, and have

thrown so much splendor upon his own name, $35,844,816. Of that money she has lost en coMr. CRESWELL. I can only state to the

gentleman that the State of Maryland, and I Mr. SHERMAN. I had not quite completed tirely $27,090,019, and all that she received believe the Baltimore and Ohio Railroad Com- the charge that was made against Maryland. from all sources in the shape of income from pany, are zealously aiding in that effort, and I do this not from any unfriendly feeling to the her investments in internal improvements, || the fact is that the Baltimore and Ohio railroad, || Baltimore and Ohio railroad, which is one of amounted during the last year ending 30th | although I have no authority to speak for that the great arteries of the commeroe of the West, September, 1865, to $544,162 32. On all this company, is actually engaged in the construc- Il but for the purpose of directing the attentiap of the Senator from Maryland to the complaints through and give tickets through. The Balti- Company favored the Connellsville road; but that prevail in my own State and throughout more and Ohio railroad, however, give tickets that was resisted by the Pennsylvania Central. the whole Northwest in regard to the railroad through everywhere except by way of Harris. The other road, though, from the Point of system of Maryland. In regard to that little com- burg.

Rocks through Hagerstown to Harrisburg, is plaint about the baggage, I may say, although Mr. CRESWELL. As the honorable Sen- a point about which I think Mr. Garrett is not the Senator has not charge of the baggage, that ator from Ohio has made certain inquiries in quite so satisfactory. I presume it has created more dissatisfaction

regard to the present and proposed action of Mr. CRESWELL. I am not prepared to with the Baltimore and Ohio Railroad Com- the Baltimore and Ohio Railroad Company, I furnish the gentleman with information on that pany than all other things combined. I arises

will state that I happen to have in my hand a subject. I am not aware, however, of any hosfroin the fact that every woman, child. or man speech of the president of that company made itility by the Legislature of Maryland to the who desires to go from here to the West, through at the last annual meeting, which speech I think construction of a railroad from Hagerstown to Baltimore and Harrisburg, cannot get through will afford the Senator all the information he the Point of Rocks; and I know that a road the city of Baltimore with the ordinary facili- may desire on the subject he has presented. is now being constructed from Hagerstown eastties that are furnished in all other places that I If the Senator will pardon me, I will read some ward to connect with the Baltimore and Ohio know of in the United States. We cannot buy a passages from this speech:

road, (at what point I am not prepared to say,) ticket from here to go any way except one; and

“ Under the charter granted by the Legislature of

and that this connecting link, when completed, that little impediment of a mile between the end Maryland at its last session, your engineers have been will afford to passengers from Harrisburg and of one railroad and another in Baltimore is made diligently engaged in locating a route from the Point the Cumberland valley an immediate outlet more onerous and more troublesome than five

of Rocks to Washington. I ain gratified to inforın
you that they have so far progressed as to be able to

by way of the Baltimore and Ohio railroad to hundred miles of railroad travel; and in some state that the line from that point, which is now via

Washington and Baltimore. That, I suppose, cases I have myself gone to Baltimore for the the main stem and Relay House to Washington, is the desideratum the gentleman speaks of. purpose of seeing ladies who were traveling to

ninety-one miles, will be reduced to forty-five miles,
thus seruring for the travel of the Southwest and the

There is only one other complaint, and that the West through that gap. Every Senator great West, a reduction in distance of forty-six

is in reference to baggage. Now, in regard to who travels to the West knows that he cannot miles.

that, let me say that I will use my personal inget his trunk checked from here to Harrisburg,

"Notwithstanding the Pennsylvania Railroad Comand so westward. It is one of those little anpany and the Northern Central Railroad Company,

fluence with the president of the Baltimore and whilst overtlowing with professions to members of Ohio Railroad Company, I know it does not noyances which are very hard to bear, and I Congress and others regarding their anxiety for an amount to much--and I am sure if the gentlehave been surprised again and again that the

improved line to the Capital; notwithstanding thoso
parties have antagonized a further improvement of

man's trouble in that respect can be remedied Baltimore and Ohio Railroad Company have not ihe highest utility and importance to the seat of

it will be done. adopted the plan which is adopted in almost Government, namely, the prosecution of the Pitts- Mr. SHERMAN. I can tell the Senator that every city in the Union. You can go from here

burg and Connellsvillo road, from Connelleville to
Cumberland, I am gratified to state that the United

he will in that way do thousands of men and a to Boston, through Philadelphia and New York, States district court have, in a decision heretofore great many very estimable ladies a great benefit. and check your baggage through; but you rendered, distinctly maintained the rights of that Mr. CRESWELL. I will turn my philan. cannot get a ticket from Cleveland to Wash

company, under its charter, to construct the line.
“You all remember that the State of Pennsylvania

thropy in that direction and endeavor to benefit ington. You can to Baltimore, and then must granted the charter for this road; that fifty-eight my own sex and make the ladies happy. get through Baltimore the best way you can,

miles of the road were constructed, and when the Mr. President, I have only a few words more and perhaps have to hire a hack at considera

Baltimore and Ohio Company, recovering from its
disasters and losses in the early part of the war, feel-

to say, and I think the interruption of the Senble expense to get yourself and baggage through | ing it a duty, in the then situation of the country, ator from Ohio perhaps gives me an opportunity the city.

prepared for the construction of that work, that the to say them with a little more pertinency. The I desire to state another point if I do not

flon. Thomas A. Scott, vice president of the Penn-
sylvania road, visited Harrisburg, and by his personal

State of Maryland has a right to call upon the interrupt my friend

efforts and the influence of the Pennsylvania Rail- West, whose works of improvement she has aided Mr. CRESWELL. Not at all.

road Company, as reliably stated, insisted upon that to nurture by the most liberal donations of pubMr. SHERMAN. The other complaint is

Legislature rescinding the charter of the Pittsburg lic lands, at least to abstain from any legislation

and Connellsville road for the unfinished portion of that the State of Maryland has by some means its line.

which will prove inimical to her most important or other by legislation prevented the comple- "But, gentlemen, the great requirements of the interests. As I stated just now and proved, tion of a road up the beautiful valley in which

country, fully allied with the rights and equities of
the case, will overwhelm and control the unjust

Maryland has invested $36,000,000 of her own Hagerstown lies, so as to connect in that way efforts of parties who, in attempting to aggrandize hard money in her works of internal improvewith Harrisburg, and there is no means of other interests, improperly Oppose those of the ment. Not one dollar for that purpose, so far communication between Washington and Har.

"The Baltimore and Ohio Company and those

as I am informed, has she ever received from risburg by way of Hagerstown.

associated withit are prepared to complete that short the General Government. Mr. JOHNSON. A road is being built line to Pittsburg, and thus by this inproved route To the States of the West, Maryland has there now.

reduce the disiance to Washington seventy-two miles Mr. SHERMAN. These are matters of from that central point in the West. While the re

voted with a generous heart large portions of lations to the national capital of the vast popula- that great domain which she long ago relincomplaint against the Baltimore and Ohio tions of the States of the Northwest are identified

quished to the Union for the common good. railroad and the State of Maryland, and they

with this enterprise as well as their great agricultu-
ral interests, which would thus secure a route so much

It has been my policy since I have been in are generally grouped together because it is shorter and more economical to the sea-board, the Congress to respond cordially to all the claims said that the Baltimore and Ohio railroad con- city of Pittsburg and western Pennsylvania are still of the West; I am perfectly willing, if necestrols to some extent the legislation of Mary

more deeply and thoroughly interested in the prose-
cution of this work.

sary, to give them a proper system of internal land. That it is so I do not vouch for; but Almost ng one man, the merchants and manufactu- improvements; that they shall have every acre these are complaints constantly made by the rers, the capitalists and the people of that city and of the public lands. I am willing to aid them

of western Pennsylvania demand the construction people of my State, who, as they lie right in of this road; and well they may, for with this line

to the full extent of the Government. We ask the road of travel westward, feel these things completed, and a direct outlet to Washington and no assistance from the Government; we merely more, perhaps, than any other State. I will Baltimore thus effected, the city of Pittsburg has in ask that the Government will not subvert our say, in regard to Ohio, that our laws from the

its future a position scarcely secondary to Philadel-
phia itself. With its vast mineral resources and

own system and will not cause us to lose the first have been extremely liberal; they allow varied natural advantages, it is already the Bir- immense amount of expenditure that we have anybody to build railroads anywhere in the mingham of America; and with thisdouble and power- | already made for that purpose.

We have State of Ohio who is willing to risk the invest

fuì avenue thus opened forits people, a concentration
of trade, and increase of manufacturing wealth and

already lost in our efforts to promote commerce ment. It seems to me that rule ought to be progress in all that makes communities great and between the other States of the Union and the applied to all the States. As the Senator had prosperous, is before that city, of an unparalleled internal commerce of Maryland one tenth of alluded to the policy of his own State and character.'

all the assessable property in the Stato. We to the Baltimore and Ohio railroad, I deemed He then proceeds to state the manner in which have lost between twenty-seven and twenty. it but right and just to say that these com- he proposes to secure the means necessary for eight million dollars out of two hundred and plaints are general, and especially the first that work:

eighty millions ; and if the scheme of which I one, almost universal.

"In this connection, it is proper to stnto that the believe this bill is the forerunner is now Mr. JOHNSON. If my colleague who is distinguished gentlemen from England who recently

adopted, and the Congress of the United States entitled to the floor will permit me a word, I

visited this country in relation to American railway
interests, were struck with the marked necessity as

shall assume jurisdiction over all these rail. will say that I do not know where the fault lies well as the great importance of this line; and that road interests, it will result not only in the in regard to the absence of any arrangement

eminent, sagacious, and able gentleman, Sir S. Mor- destruction of the roads which have been made

in Peto, on behalf of the Atlantic and Great Westabout checking baggage and selling tickets crn Railway Company, stated that in connection with

already, but utterly to destroy the prospects of through ; but there has not been, unfortunately, the construction of the roads from Point of Rocks to the State in the future. an agreement between the Baltimore and Ohio Washington, and from Connellsville to Cumberland,

Now, sir, what is the fact? In this country railroad and the railroad that runs from the

capital would be promptly furnished and vigorous
measures taken to complete the road from Clereland,

we are unable to build railroads by means of city of Baltimore to Harrisburg. General Cam- via Youngstown, to Pittsburg, and thus furnish to the capital of each separate locality. The Gov. eron has been at the head of the latter com

members of Congress and all other parties visiting pany; and either with or without cause, I do the capital of the United States, a route from Cleve

ernment does not purpose investing a thousand land and the whole region of the lakes and North

millions during the next ten years in railroads, not know which I do not pretend to decide west, cighty-four miles shorter than any existing as the States, and the enterprise of individuals which is to blame, if either is to blame-there line."

assisted by the States, have done in the last ten has been no accord between them. It is be- I hope that is satisfactory to the Senator years. The only security for all this money is cause of that difference that they have been from Ohio on that point.

found in the rights, franchises, and privileges unable to make an arrangement which it is Mr. SHERMAN. I said when I spoke || conferred by State charters; and if Congress Becessary to make in order to check baggage Il before that the Baltimore and Ohio Railroad shall undertake by a new system of legislation

Pertainig Zhe post orice appropriation bith BINGHA Masked and obtained leave


The ques.

occupy time.

to usurp the right of eminent domain over the The PRESIDING OFFICER. The motion Mr. TAYLOR asked and obtained leave of States, and thereby make new grants of rail- to reconsider will be entered.

absence for his colleague, Mr. J. M. HUMPHREY, roads and canals to subvert the grauts of the Mr. SHERMAN. Before the Senate ad- for two weeks. States, it will utterly destroy that confidence journs, I ask that the motion to reconsider Mr. LAWRENCE, of Pennsylvania, asked which is necessary to enable the people of the made by the Senator from Vermont, [Mr. and obtained leave of absence for his colleague, United States to gather capital for the con- Poland,] together with the bill to which it Mr. MOORHEAN), for four days. struction of any additional roads in the future. I believe that this policy will not only be detri- be postponed until Monday, at one o'clock, of absence for Mr. HUBBARD, of Connecticut, mental, but actually destructive, of the great and made the special order then, so that we for one week. interests of my State and country.

may dispose of it on that day. Mr. MORRÍLL. Mr. President

REORGANIZATION OF TIIE ARMY. Mr. FESSENDEN. There is no objection Mr. GRIMES. The Senator from Maine to reconsidering it.

Mr. SCHENCK. Mr. Speaker, the first desires to address the Senate at some length, Mr. SHERMAN. I hope, then, that the business in order this morning is the motion I should judge from the indications; and "I motion will be now acted on, and then let the to lay on the table the motion to reconsider therefore move that the Senate do now adjourn. bill be postponed until Monday.

the vote on the Army bill. Mr. CHANDLER. I hope that motion will Mr. SUNNER, and others. Why not act

Mr. WRIGHT. I ask the gentleman from not prevail. I desire to have a vote on this now?

Ohio [Mr. SCHENCK] to allow me to modify bill if it is possible.

Mr. SHERMAN. I move to take up the the motion that I made yesterday. I made Mr. FESSENDEN. You cannot get it motion to reconsider the Post Office appro

the motion to reconsider the vote by which to-night. priation bill entered by the Senator from Ver

the bill had been rejected, and to lay that moMr. CHANDLER. The Senator from Maine

tion on the table. I did it with no unkind feel[Mr. Morrill) informed me a short time ago The motion was agreed to.

ing toward the friends of the bill, but I think that he would not read all the books on his Mr. SHERMAN. I hope the vote will be

it requires a little more consideration, and with desk, and he can get through in half an hour. taken on the reconsideration, and then

the permission of the House I will withdraw Mr. GRIMES. If he only reads one half of The PRESIDING OFFICER.

my motion to reconsider and move that the them it will take a long time. tion is on reconsidering the vote by whicli the

bill be recommitted to the Committee on MilMr. CHANDLER. I shall be glad to get a bill was passed.

itary Affairs, in justice to the chairman. vote to-night.

The motion to reconsider was agreed to.

The SPEAKER. Before the bill can be Several SENATORS. You cannot get it.


recommitted the vote by which it was rejected Mr. CHANDLER. The Senator from Maine

must be reconsidered. informed me that he should be very brief in necessary to reconsider the vote ordering the

Mr. WRIGHT. I withdraw my motion to his remarks. I could make a long speech read a third time. amendments to be engrossed and the bill to be

lay on the table. myself, but I will omit it, as I do not wish to

"The SPEAKER. That leaves the motion The reconsideration was agreed to.

to reconsider pending: Mr. GRIMES. The Senator from Nevada

Mr. SHERMAN. Now I move that the Mr. SCHENCK. My purpose in rising was told me that he desired to address the Senate.

further consideration of the bill be postponed to give notice that if the House should reconI withdraw the motion to adjourn for the pres

to and male the special order for Monday sider the vote by which the bill was rejected, I ent, as I understand there is some other businext, at one o'clock, unless the Senate is will.

myself would move to recommit. I demand the ness which it is desirable to attend to.

ing to dispose of it now. ["Yes.") I should previous question on the motion to reconsider.

like to have it disposed of now. [No.''] Mr. CHANLER. Is it in order to move to POST OFFICE APPROPRIATION BILL.

Mr. JOHNSON. A great many Senators lay that motion on the table? A message was received from the House of

have left the Chamber. Nobody expected it The SPEAKER. It is.

to come up: Representatives, by Mr. McPherson, its Clerk, Mr. SHERMAN. I have no objection to

Mr. CHANLER. I make it. returning to the Senate, in compliance with

Mr. WRIGHT. The effect will be to kill the request of the Senate, the bill (H. R. No. its going over.

that bill entirely. 280) making appropriations for the service of

Mr. POLAND. I prefer it to lie until the The SPEAKER. That is so. the Post Office Department during the fiscal

bill proposed by the Senator from Missouri Mr. CHANLER. I demand the yeas and year ending the 30th of June, 1867, and for shall be brought in, and I understand from

nays on the motion to lay on the table. other purposes, with the amendments of the him that he proposes to offer the bill early in Mr. SCIENCK. If the motion to recomSenate thereto.

the coming week. I do not wish to name any mit should prevail I would also more to print Mr. POLAND. I move to reconsider the fixed day.

the bill in the form in which it passed the vote by which the bill making appropriations


House with the amendments. for the service of the Post Office Department

tion is on the motion of the Sonator from Ohio Mr. CHANLER. It is not debatable. for the fiscal year ending June 30, 1867, was

to postpone the consideration of the bill until The demand for the yeas and nays was not passed. I was desired to state the reasons for

Monday, and make it the special order for that seconded. moving this reconsideration. I do not proday at one o'clock.

Mr. CHANLER. I call for tellers. the subject,

The motion was agreed to. pose to enter into any discussion

Tellers were refused. but merely to state in a word the ground on

Mr. GRIMES. I move that the Senate The question being taken on the motion to which I make the motion. adjourn.

lay the motion to reconsider on the table, it The amendment for which I voted, and which The motion was agreed to ; and the Senate was disagreed to. was offered by the Senator from Illinois, clearly adjourned.

The question then recurred on seconding the recognizes, as I think on examination, the power

demand for the previous question on the motion of the President to make removals from office, HOUSE OF REPRESENTATIVES. to reconsider the vote by which the bill was and to fill them by appointing other persons.

THURSDAY, May 3, 1866.

rejected. The amendment to this bill provides that in such cases, and where officers are removed for

The House met at twelve o'clock m. Prayer | the main question ordered; and under the

The previous question was seconded and cause, their successors shall receive no pay. by the Chaplain, Rev. C. B. Boyntox.

operation thereof the motion to reconsider It seems to me that if we concede that the The Journal of yesterday was read and

was agreed to. President has the right to make removals and approved.

The question then recurred on the passage to fill the vacancies thus occasioned by the


of the bill. appointment of other persons, so that they are Mr. MYERS. I rise to a privileged motion, Mr. SCHENCK. I now make the motion, legally invested with the office, it will not do to correct the Journal. I find in the proceed- or rather the gentleman from New Jersey (Mr. for us to say that they shall not receive the ings of yesterday, as stated in the Globe, my

Wright] has made the motion, to recommit. I compensation which the law provides. That name is recorded among those not voting on suggest that he accompany the motion with is revolutionary; we might as well refuse to the Army bill. I voted against it.

another, that the bill as amended be printed. make an appropriation to pay the salary of the The SPEAKER. The Journal will be cor

Mr. WRIGHT. I will make that motion also. President if his action does not suit us. rected accordingly.

Mr. ROSS. Is it in order to move to add Upon this question of the power of the Pres


instructions? ident to remove officers, this vexed qaestion,

Mr. McKEE. I rise to a personal expla

The SPEAKER. It is. which has always been a vexed question, I do nation. I wish to state that on the vote yes

Mr. ROSS. I move that the coinmittee be not propose to make any argument, because I

terday on the Army bill I voted under a mis- instructed to report back an Army organizado not propose to ask to have this matter considered now. The Senator from Missouri [Mr.

apprehension. Some gentleman had made a tion not exceeding thirty-five thousand men. motion to lay the bill on the table, and I sup

The SPEAKER. The gentleman will reduce HENDERSON] informed us yesterday that he was posed I was voting on that motion, and there- his motion

to writing. preparing a bill upon the general subject of fore I find myself recorded as voting for the

Mr. SCHENCK. I demand the previous the power of removal from office. I desire bill. I intended to vote against it.

question on the motion to recommit and the that this motion to reconsider shall lie on the

motion to add instructions. table until we may have his bill before us, and


Mr. ROSS. I have now reduced my prosee whether it will not remove the difficulty. I Mr. BAKER asked and obtained leave of

posed instructions to writing, as follows: submit the motion to reconsider, and ask that || absence for his colleague, Mr. Cook, for three That the committeo bo instructed to report a bill it lie on the table for the present. days, including yesterday.

for an Army not to exooed thirty-fivo thousand men.

The ques:

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