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of the country now, and it is as much our duty to make a good job of either kind of bridge ; || that the special order naturally came up this to provide for this class of commerce that goes but draw.bridges do not keep up like continu- | morning. across the country as it is to keep the river ous-span bridges, and even if a continuous-span The PRESIDENT protempore. Asthe Chair clear. The river, to be sure, is a natural chan- bridge should cost a little more than the other, understands, the Senator from Maine was broken nel, but it has no more claims on Congress or in my judgment that expense is compensated off in his speech by a motion to go into execthe country or mankind than these artificial | by saving after-troubles which the draw-bridge utive session. Some other and informal busichannels have; and to embarrass a company would entail upon the company. If we had ness was received by the unanimous consent with such a kind of bridge that they cannot | had a charter allowing us to build the Louis of the Senate, but that bill was the unfinished build it, and that is not good for anything when ville bridge fifty feet above high-water mark I business of yesterday, and that, by the rule of it is built, is such unfriendly legislation that I think it is likely we should be at work now, or the Senate, takes precedence of a special order we ought not to encourage it. We should ex- if the law had allowed us to build it seventy assigned for the same hour; so that the unfintend the greatest possible facilities for bridging feet above low-water mark we should certainly | ished business of yesterday, House bill No. 11, these streams everywhere; and the only pro- || be at work this summer building the bridge. is in order at the present time. The Senator vision of law I want on the subject is precisely I have not asked Congress to modify that law from Michigan moves to postpone that bill until that contained in the Pacific railroad act. Let because I left instructions for the prosecution to-morrow at one o'clock, and to make it the the companies themselves judge of the character of the investigation and the obtaining of esti- | special order for that time, and to proceed with of the structure. Let them be allowed to build mates of the cost of the two kinds of bridges the House resolution proposing an amendment it where they have to cross a stream, and only and an examination of the ground, so that we to the Constitution of the United States. require them not to obstruct the navigation should know certainly what expense would be Mr. HENDRICKS. The special order, I of the river more than such structures neces- required whichever mode we took. We have believe, was fixed by a two-thirds vote; can it sarily do. That is the language of the law in a bridge with a draw at Nashville, and we have be overridden by a majority vote? regard to bridging the Missouri river.
had multitudes of suits growing out of it, and The PRESIDENT pro tempore. The quesNir. GUTHRIE. Mr. President, my impres- are having them every year. In high stages of tion is not presented in that form precisely. sion is that all these bridges on the Missis- the water vessels are frequently no longer under Mr. HENDRICKS. That is the effect of the sippi and Ohio rivers should be built without a the power of steam, and they run against the motion. draw. When we wanted to build a bridge at || piers, and the owners of the boats seek to hold The PRESIDENT pro tempore. By the rule Louisville, Congress required it to be ninety | the company liable.
of the Senate, the unfinished business takes feet above low-water mark. We applied to Con- I rather think that experience and investiga- | precedence of a special order fixed for the gress for liberty to build it with draws, and that tion are in favor of continuous-span bridges.
same time. privilege was granted at the last session. I put | My own opinion has changed since I had the Mr. HENDRICKS. I am aware of that fact. the matter immediately into the hands of an estimates made in relation to the bridge at I have no objection to taking the vote on postengineer to ascertain the difference between Louisville, and changed very materially, and I | poning the bill which is the unfinished business; the cost of a bridge with and a bridge without am satisfied that a skillful engineer who takes but the motion to postpone the special order draws, and the advantages of the two methods. the whole subject into consideration, as well ought to be a separate vote by itself, because My engineer reported to me that it would be cost now as trouble, vexation, and cost in the that special order for one o'clock to-day was cheaper and better to build it without draws. || future, will decide in favor of continuous-span made by a two-thirds vote of the body. The I have great confidence in his judgment; I have || bridges.
effect of this motion is to reverse the action built several bridges of his drafting.
The PRESIDENT pro tempore. The morn
agreed upon by a two-thirds vote by a maMr. POMEROY. What was the length of ing hour having expired, it becomes the duty | jority vote. Therefore I ask that the question draw required in the law? That was the of the Chair to call up the unfinished business shall be divided, and the vote first taken on the obstacle.
of yesterday, which is House bill No. 11, to motion to postpone the present order. Mr. HENDERSON. One hundred and fifty facilitate commercial, postal, and military com
Mr. TRUMBULL. The Senator from Infeet in the Ohio bridges.
munication among the several States, upon diana, I apprehend, is discussing a question not Mr. POMEROY. But the bridge would have which the Senator from Maine [Mr. MORRILL]
before the Senate. The special order is not to be twice that length and that would make it is entitled to the floor.
before the Senate at all, and cannot come up three hundred feet.
except by unanimous consent. We have under
ORDER OF BUSINESS. Mr. HENDERSON. But there is a pivot
consideration the unfinished business of yespier in the center of it. The passage way
is Mr. HOWARD. I hope the Senate will terday. The Senator from Michigan makes a only one hundred and fifty feet. The pivot || postpone the consideration of the order of the motion to postpone that and all prior orders rests on a small pier.
day and take up House joint resolution No. for the purpose of taking up a particular subMr. GUTHRIE. I became convinced that 127, proposing an amendment to the Constitu- ject. There can be butone subject before the it was not best for the Jeffersonville railroad tion of the United States.
Senate at a time, and that is now the question. and the Louisville and Nashville railroad to The PRESIDENT pro tempore. Does the Mr. CHANDLER. With the consent of my build a bridge at Louisville at present. Con- Senator make that motion?
colleague, I will ask that the bill which is the gress required it to be ninety feet above low- Mr. HOWARD. Yes, sir.
unfinished business be laid over informally, so water mark. At the falls the highest rise of The PRESIDENT pro tempore. It is moved that he may call up his joint resolution. the water is forty-four feet. It rose to that that the present and all prior orders be post- Mr. HENDRICKS. Then if the proposiextreme height only three times in the memory || poned, and that the Senate proceed to the con- tion of the Senator from Michigan is agreed to, of the oldest citizens there, in 1792, in 1831,
sideration of the House resolution to amend that is, that the unfinished business be postand in 1817. Of course, if you build bridges || the Constitution.
poned by unanimous consent for the present, sixty feet above high-water mark, they must
Mr. CHANDLER. I will ask that the un
presume the special order is before the body be some height above the bank of the river, finished business, which comes up at this hour, The PRESIDENT pro tempore. It is so. and you must have an embankment on each be postponed to and made the special order Does the Senator from Michigan withdraw his side for nearly half a mile in order to get the
for to-morrow at one o'clock. Of course, I motion to postpone? proper elevation of the bank and then carry do not wish to antagonize it with the motion Mr. CHANDLER. Yes, sir, he does; and the bridge of the proper height to the center of my colleague.
I ask that the unfinished business be laid aside of the river.
The PRESIDENT pro tempore. Does the informally for the purpose of allowing my colMy conclusion is that a proper continuous- Senator move that as an amendment to the league to take up the joint resolution he has span bridge can be built as cheaply as a safe motion ?
iudicated. bridge with draws, and that it is much better Mr. CHANDLER. Yes, sir.
Mr. TRUMBULL. If the Senator from for the company because vessels descending The PRESIDENT pro tempore. The Chair, 1 Michigan withdraws the motion, I renew it. I the river will get on to a draw-bridge in some then, will pnt the whole question as one motion. move that the unfinished business of yesterday way or other and the companies will have suits It is moved that the present and all prior orders and all other business be postponed for the continually with tlre owners of boats and the be postponed, and that the Senate now pro- purpose of proceeding with the joint resolution owners of cargoes. If you build a continuous- ceed to the consideration of the House resolu- indicated by the Senator from Michigan who span bridge of such a height that vessels can tion indicated by the Senator from Michigan, made the motion. pass under it from above and from below you and that the present order be postponed until Mr. HOWARD. I did not intend to be un. get clear of ncarly all difficulties of litigation to-morrow at one o'clock and made the special derstood as withdrawing my motion to postand all difficulties from negligence, some watch- order at that time.
pone all other business. man not being in his place-and it is almost Mr. HENDRICKS. I believe there was a The PRESIDENT pro tempore. The moimpossible to keep them in place at all times- || special order for to-day at one o'clock, made tion is still before the body, made by the Senand as the boats run through the night there sometime last week--the Colorado bill.
ator from Illinois. is great difficulty from this cause.
The PRESIDENT pro tempore. That is true. Mr. HENDRICKS. Then I ask for a divisI think the suggestion of the Senator from Mr. HENDRICKS. I did not know that ion of the question, that a vote be taken upon Missouri as to an investigation by engineers to
the bill of which the Senator from Michigan || the proposition to postpone and then a sepaascertain whether the bridges across the Mis- [Mr. CHANDLER] has charge was the unfinished rate vote on the business that shall occupy the sissippi river should be draw-bridges or con- business upon the adjournment of the Senate attention of the Senate after that postponetinuous-span bridges is very proper. I think yesterday afternoon. I thought it was laid ment. I make the point that the special order every bridge engineer will tell you that he can aside and the Senate proceeded to other busi- being established by a two-thirds vote, it canmake the one bridge just as well as he can make ness, and therefore it was not the business not be postponed by a majority vote to give the other. It is in the power of a good builder before the Senate at its adjournment, and I place to another piece of business.
Mr. CHANDLER. I will then renew my or for payment of bounties or pensions incident section shall be so construed as to require the dismotion, that the unfinished business be postthereto, shall remain inviolate.
franchisement of any loyal person who is now al
lowed to vote. poned until to-morrow at two o'clock.
Section four, as it now stands, will be changed The PRESIDENT pro tempore. The motion to section five, and I propose to amend that sec
Mr. SUMNER. I simply wish to have that of the Senator from Illinois is that the present tion as follows: strike out the word “already,''
amendment printed. and all prior orders be postponed, and that the in line thirty-four, and also the words
The PRESIDENT pro tempore. The order Senate proceed to the consideration of the res- which may hereafter be incurred," in line
to print will be entered. olution from the House of Representatives thirty-five, and also the words “or of war'' in
Mr. SUMNER. I also ask the unanimous proposing an amendment to the Constitution lines thirty-five and thirty-six, and insert the
consent of the Senate to introduce a bill of of the United States. That is now the motion word “rebellion” in lieu thereof; and also
which no notice has been given, which I desire before the Senate. strike out the words “loss of involuntary ser
to have considered in connection with the other The motion was agreed to. vice or labor” in line thirty-seven, and insert
measure, as it belongs to this group of recon"the loss or emancipation of any slave; but
struction measures. RECONSTRUCTION.
all such debts, obligations, and claims shall be There being no objection, leave was granted The Senate, as in Committee of the Whole, forever held illegal and void."
to introduce a bill (S. No. 345) to enforce the resumed the consideration of the joint resolu- After consultation with some of the friends amendment to the Constitution abolishing slation (H. R. No. 127) proposing an amend- of this measure it has been thought that these very by securing the elective franchise to colment to the Constitution of the United States, amendments will be acceptable to both Houses
ored citizens; which was read twice by its title. the pending question being on the amendment of Congress and to the country, and I now
Mr. SUMNER. I move that the bill be offered by Mr. Johnson to strike out the third submit them to the consideration of the Senate. || printed and laid upon the table. section, in the following words:
The PRESIDENT pro tempore. The first
The motion was agreed to. Sec. 3. Until the 4th day of July, in the year 1870, question in order is the amendment proposed
MESSAGE FROM THE HOUSE. all persons who voluntarily adhered to the late to the joint resolution by the Senator from insurrection, giving it aid and comfort, shall be ex
A message from the House of Representacluded from the right to vote for Representatives in Ohio, (Mr. WADE.]
tives, by Mr. McPherson, its Clerk, announced Congress and for electors for President and Vico
Mr. WADE. I ask leave to withdraw that
that the House of Representatives had agreed President of the United States. amendment.
to the amendment of the Senate to the bill (H. Mr. HOWARD. I hope the vote will be The PRESIDENT pro tempore. It is still
R. No. 459) granting a pension to Anna E. taken on that motion. in the power of the mover, and he can with
Ward. Mr. JOHNSON. Is there anything prodraw it if he pleases. The amendment is with
The message further announced that the posed as a substitute for that section?
drawn. The question now is on the amend. House of Representatives had passed the folMr. CLARK. Your motion precludes that ments proposed by the Senator from Michigan. || lowing bills of the Senate with amendments to now. You move to strike out, simply.
Mr. SAULSBURY. It is very well known
each, in which it requested the concurrence Mr. JOHNSON. I ask for the yeas and that the majority of the members of this body
of the Senate: nays upon the amendment.
who favor a proposition of this character have A bill (S. No. 184) to define more clearly The yeas and nays were ordered; and being been in very serious deliberation for several
the jurisdiction and powers of the supreme taken, resulted-yeas 43, nays 0; as follows: days in reference to these amendments, and
court of the District of Columbia, and for other YEAS - Messrs. Anthony, Buckalew, Chandler, have held some four or five caucuses on the
purposes; and Clark, Conness, Cowan, Cragin, Creswell, Davis, Doo- subject. Perhaps they have come to the con- A bill (S. No. 237) granting a pension to little. Elmunds, Fessenden, Foster, Grimes, Guthrie, clusion among themselves that the amendments Harris, Henderson, Hendricks, Howard, Howe, John
Mrs. Martha Stevens. son, Kirkwood, Lane of Indiana, Lane of Kansas, offered are proper to be made, but this is the
PRIVATE CLAIMS. Morgan, Morrill, Nesmith, Norton, Nyo, Poland, first intimation that the minority of the body Pomeroy, Ramsey, Riddle, Saulsbury, Sherman, has had of the character of the proposed change Mr. CLARK. I ask that the Senate give Stewart, Sumner, Truinbull, Van Winkle, Wade, Willey, Williams, and Wilson-13.
in the constitutional amendment. Now, sir, me a little time on Friday next for the purpose NAYS-0.
it is nothing but fair, just, and proper that the of disposing of certain private claims, if there ABSENT- Messrs. Brown, Dixon, McDougall, minority of the Senate should have an oppor- be no objection. Sprague, Wright, and Yates-6. So the amendment was agreed to.
tunity to consider these amendments; and I Mr. FESSENDEN. I shall object to that
rise for the purpose of moving that these amend- unless the constitutionalamendment is disposed Mr. HOWARD. I now offer a series of
ments, together with the original proposition, of by that time. amendments to the joint resolution under con- be printed, so that we may see them before we Mr. CLARK. I will state that I will not sideration, which I will send to the Chair.
are called upon to vote on them. Certainly antagonize them with the constitutional amend. Mr. FESSENDEN. Take them one section there can be no graver question, no more seri- ment, or a public necessity of that kind, but I at a time.
ous business that can engage the attention of should like to have an understanding that I Mr. HOWARD. I will state very briefly this Senate than a proposed change in the may have an hour or so on Friday next for the what they are. I propose to amend section fundamental law.
consideration of private claims, if there is no one of the article by adding after the words Mr. FESSENDEN. I will say to the Sena- other public business of pressing importance - section one” the following words, which will tor that if any gentleman on that side of the of course constitute a part of section one: Chamber desires that these amendments be
APPROVAL OF BILLS. All persons born in the United States and subject | laid upon the table and printed, there is no to the jurisdiction thereof are citizens of the United
A message from the President of the United States and of the States wherein they reside.
objection to that.
States, by Mr.Cooper, his Secretary, announced The second amendment
that the President of the United States had further remarks, and make that motion. Mr. FESSENDEN. Let us take a vote on
The PRESIDENT pro tempore. It is moved | approved and signed, on the 26th instant, the the first one. that the amendments be printed and that the
following act and joint resolutions: Mr. TRUMBULL. The Senator had better further consideration of the joint resolution be
An act (S. No. 318) to authorize the appointstate all the amendments. postponed until to-morrow.
ment of an additional Assistant Secretary of Mr. JOHNSON. I hope we shall hear them
The motion was agreed to.
the Navy; all.
A joint resolution (S. R. No. 74) providing Mr. HOWARD. The second amendment
Mr. SUMNER. I wish to give notice of an for the acceptance of a collection of plants is to amend the second section by striking out
amendment which at the proper time I intend tendered to the United States by Frederick the word "citizens,” in the twentieth line,
to offer to Senate bill No. 292, entitled “A bill || Pech; and where it occurs, and inserting after the word
to provide for restoring to the States lately in A joint resolution (S. R. No. 97) to author"male" the words "inhabitants, being citizens
insurrection their full.political rights." It is ize certain medals to be distributed to veteran of the United States;" and by inserting at
to strike out all after the enacting clause of the soldiers free of postage.
first section and to insert a section as a substithe end of that section the words “any such
tute which I ask to have printed. State.'
Mr. JOHNSON and Mr. STEWART. Let Mr. LANE, of Indiana. I move to take up The third section has already been stricken it be read.
Senate bill No. 237, granting a pension to Mrs. out. Instead of that section, or rather in its
The PRESIDENT pro tempore. The pro- Martha Stevens, which has been returned from place, I offer the following:
posed amendment will be read, if there be no the House of Representatives with an amendSEC. 3. No person shall be a Senator or Representative in Congress, or an elector of President and objection.
ment. The bill as it passed the Senate gave a Vice President, or hold any office, civil or military, The Secretary read it, as follows:
pension of twenty dollars a month; the amendunder the United States, or under any State, who, Strike out all after the enacting clause of the first
ment of the House reduces it to seventeen dolhaving previously taken an oath as a member of section of the bill and insert in liou thereof the folCongress, or as an oflicer of the United States, or ns
lars a month, the amount allowed in the case. lowing: a member of any State Legislature, or as an execa- That when any State lately in rebellion shall bave
of a first lieutenant. tive or judicial officer of any Siate, to support the ratified the foregoing amendment and shall have
The amendment was concurred in. Constitution of the United States, shall have engaged modified its constitution and laws in conformity in insurrection or rebellion against the same, or therewith, and shall have further provided that there
DISTRICT SUPREME COURT. given aid or comfort to the enemies thereof; but shall be no denial of the elective franchise to citiCongress inny, by it vote of two thirds of cach House, zens of the United States because of race or color,
On motion of Mr. WADE, the amendments remove such disability.
and that all persons shall be equal before the law, of the House of Representatives to the bill (S. The following is to come in as section four:
the Senators and Representatives from such State, if No. 181) to define more clearly the jurisdiction
found duly elected and qualified, may, after having The obligations of the United States incurred in taken the required oaths of office, bo admitted into
and powers of the supreme court of the Dissuppressin; insurrection, or in defense of the Union. Congress as such: Provided, That nothing in this trict of Columbia, and for other purposes, were
in the way.
referred to the Committee on the District of Mr. CHANDLER. I hope that amendment Mr. CHANDLER. The facts in the case Columbia.
will not prerail. It is well known that the are briefly these : in 1861 and 1862 the GorINTER-STATE INTERCOURSE.
State of New Jersey has refused not only to ernment was pressed for transportation ; it Mr. SUMNER. I now move that the Sen- permit connections to be made, but to permit could not transport troops and supplies to a ate proceed to the consideration of House bill roads to carry freight or passengers within the
sufficient extent through the State of New JerNo. 11.
State. The object of this bill is to control the sey by the Camden and Amboy railroad ; that The motion was agreed to; and the Senate,
commerce passing from one State to another. company had not the capacity to do it; and a as in Committee of the Whole, resumed the
The State of New Jersey bas seen fit to levy a Government quartermaster impressed another consideration of the bill (H. R. No. 11) to
tax upon the transit both of passengers and of railroad and passed over that road seventeen facilitate commercial, postal, and military com
freight through the State. She has assumed thousand two hundred and forty-eight men, and
a power that we believe she does not possess; munication among the several States.
six hundred and forty-nine horses, and eight The PRESIDENT pro tempore. On this
nor did she believe it, because in the very con- hundred and six thousand pounds of freight, question the Senator from Maine is entitled to
tract which she made in this railroad monopoly and that company received compensation. The the floor.
in New Jersey was a stipulation that in a cer- Government, in fact, took the road, because it Mr. MORRILL. When I gave way yester
tain event, to wit, in the event of Congress required that road for its transportation. The day to a motion that the Senate proceed to the
authorizing any other road or route, then the Camden and Amboy Railroad Company sued consideration of executive business, I had made
bonus which she was receiving from this cor- that railroad company, and under a decision
poration should cease and be void. The very of the courts in New Jersey, compelled that up my mind that the Senate had perhaps been
object of this bill is to control the commerce troubled with the consideration of this ques
company to pay back
dollar of money tion about as long as it ought to be, and that
passing through any State ;.if you please, the received for the transportation of Government though I considered it a question of very great
State of New Jersey or any other State. The troops and supplies, when they were actually importance, I had on one or two occasions
Constitution says that Congress shall have forced by the Government to carry them. The done enough to call the attention of the Sen
power to regulate commerce with foreign na- intention of this bill is to compel any State to ate to the subject. I think that after so much
tions and among the several States. Now, if permit the traffic of other States to pass through I ought, perhaps, to content myself with re
the State of New Jersey possesses the power || it, if there be an open channel. The State of cording my vote against the measure without
to levy a small tax upon passengers and upon New Jersey has discriminated in favor of her trespassing longer upon the Senate; I will
freight passing through the State, she has the own citizens. She permits her own citizens to therefore make no further remarks.
power to levy a larger tax. If she can levy | take freight over this road and she will not Mr. CLARK. I move to amend the bill by
ten cents on every passenger going through | permit the citizens of other States to do so. It
she can levy ten dollars. We deny the power is believed to be an unjust discrimination against striking out the word “connections” at the end
of a State to tax property in transit or passen- the citizens of other States, and against the of line five and the beginning of line six. I make the motion because the word "connec
gers in transit through her borders. Now, sir, interests of the commerce of the United States. tions' in that part of the bill is ambiguous. It
if this amendment should prevail, of course it We intend, in this bill, to open up channels of is explained as meaning a portion of the road;
would destroy the object of the bill. I hope it communication for trade between the several will not prevail.
States. That is the intention and meaning of it. that is, the connections, the side-tracks, of the road; but it may have the meaning of other
Mr. CLARK. I did not so understand the Mr. JOHNSON. With due deference to my roads connecting with the road; and to pre- | object of the bill to be that if this amendment friend from Michigan, I think he does not unvent any such construction as that one railroad | prevailed it would destroy it. The amendment derstand the question that I put to him. It is has a right to run over another road connection building of a new railroad or connection of is to receive compensation, but it is fast to the
simply is, that this act shall not authorize the not whether one or the other railroad company nections," because if it can run over its own
railroad within a State without its authority. road, that means its entire road, the whole road.
Now, is the object of the bill, and the con- this bill any railroad company which may carry Mr. CHANDLER. I see no particular ob
fessed object of the bill, to authorize anybody || passengers, &c., “on their way from any State jection to the amendment if the Senator insists
to build a railroad within a State without the to another State, and receive compensation upon it, but I can see no necessity for it. authority of the State ?
therefor,'' may claim the right to charge just Mr. SUMNER. I hope there will be no
Mr. CHANDLER. That is not the intention. what they please. The question, therefore, amendment to the bill. It has been thoroughly
Mr. CLARK. Then the amendment does which I propounded to the honorable member considered in the House of Representatives and
not destroy the object of the bill. I under- was, what was to be the rate of compensation ; in the Senate during several sessions. It is
stood the object of the bill to be to authorize was it intended to free these companies from very brief, quite to the purpose, and I do not the carrying of the mails and of freight on the the rates limited by their charters ? think it needs amendment. Certainly we canrailroads which are built, from one State to
Mr. CHANDLER. Not at all; it does not not afford to strike anything out. another. That is a very different thing from
intend to interfere with them in that respect. Mr. CLARK. That may be the opinion of the authorization of the building of a railroad.
Mr. JOHNSON. So I supposed. Then, to the Senator from Massachusetts. The bill is
Now, while it is entirely truc, under the pro- make that plain, I propose to amend the bill truly very brief. The Senator says it does not
visions of the Constitution, that you may reg. || by inserting after the word “therefor,'' in the need amendment. I think on the whole it does ulate commerce between the States, or from ninth line, the words “not exceeding the rates need it, and I should be glad to make it more
State to State, I take it that does not authorize allowed by its charter.”' I think there can be acceptable. That was the occasion of my mov: you
to build the avenues of commerce. That no objection to that. ing an amendment to it. I think the word is a very different matter; and to guard against
Mr.CHANDLER. I see no particular objecconnections as there used is very objection
any such construction of the bill, and to put it tion to that amendment, nor do I see any necesable, and I hope that it will be stricken out.
in such a shape that it might command some sity for it. Of course, these companies cannot The amendment was agreed to.
votes, I proposed this amendment. I do not charge more than their charters authorize them
desire to take up the time of the Senate in to charge. The amendment seems to me to be Mr. CLARK. I propose to amend the bill further
debating it. I ask for the yeas and nays upon it. superfluous, and I would rather not have it on Mr. JOHNSON. Will the Senator permit The yeas and nays were ordered; and being || the bill, because it is not needed.
Mr. HENDRICKS. I wish the attention of me to call his attention to a word in line nine? | taken, resulted-yeas 24, nays 15, as follows: Mr. CLARK. Certainly. YEAS-Messrs. Buckalew, Clark, Cowan, Cragin,
the Senator from Maryland for one moment. Creswell, Davis, Fessenden, Foster, Grimes, Guthrie,
I do not understand the force of his amendment Mr. JOHNSON. The honorable member
Harris, Henderson, Hendricks, Johnson, Kirkwood, exactly. If the State legislation was in the nature has stated his reason for striking out the word Lano of Kansas, Morrill, Nesmith, Norton, Riddle, "sconnections,” in lines five and six, and in Sansbury, Van Winklo, Willey, and Williams-24.
of prohibition to a particular company to carry that the Senate have concurred. It seems to
NAYS-Messrs. Anthony, Chandler, Edmunds, freight or passengers, what wouid be the rate
Howard, Ilowe, Morgan, Nye, Poland, Pomeroy. of compensation in that case? Or, suppose the me to be necessary also to strike out the word Ramsey, Sherman, Stewart, Sumner, Wade, and Wil
State had failed to prescribe any rate of com"connect,” in the ninth line, for it goes on to
ABSENT-Messrs. Brown, Conncss, Dixon, Doolit- || pensation, what then would it be? say " and to connect with roads of other States, tle, Lane of Indiana, McDougall, Sprague, Trumbull, Mr. JOHNSON. At the rate of similar serso as to form continuous lines." How is that Wright, and Yates-10.
vices. This bill is intended to give the right, to be done?
So the amendment was agreed to.
and I assume now that Congress has authority Mr. CLARK. I do not think it worth while
Mr. JOHNSON. I would ask the honorable to pass the act. I do not propose to argue that to amend by striking out the words “to con
chairman of the Committee on Commerce what question ; but, assuming the authority to be in ncctthere, because if a road can connect with
was supposed by the committee to be the extent | Congress to pass the act, the whole effect of another I am willing that it should do so. Mr. JOHNSON. I have no objection to
of the authority granted to these companies, the amendment will be that the road is not to that either; but suppose it cannot do so by its
which is given in the eighth line of the bill. charge more than the same rate it is authorized
Each of them is authorized to carry the mail, to charge for similar services, or any services charter? Mr. CLARK. I was about proposing this
&c., and all property destined from one State in carrying passengers or carrying freight.
into another State," and to receive compensa- Mr. CHANDLER. The State of New Jer. amendment to be added at the close of the bill:
tion therefor." Is it intended to enlarge the Nor shall it be construed to authorize any railroad
sey prohibits any but one road from transportto build any new road or connection with any other
rate of compensation to which they are limited | ing at all, and of course does not permit any road, without authority froin the State in which such by their respective charters?
compensation ; and I am rather of opinion, railroad or connection may bo proposed.
Mr. CHANDLER. Does the Senator desire on reflection, that the amendment of the SenMr. JOHNSON. I have no objection to an answer now?
ator from Maryland would have the effect to that. That will do.
Mr. JOHNSON. Yes, sir.
destroy the bill.
Mr. JOHNSON. That is certainly not my the State; but for through transportation across
Mr. SHERMAN. Mr. President, I do not purpose. If I had designed to defeat the bill, one State, between two others, it does provide. see any object whatever in passing this bill as I should have tried it by an open warfare and Now, then, unless the charter of any road which it now stands. I have been disposed to vote not by a guerrilla warfare. The honorable may come within the provisions of this bill does for the bill, and will do so yet, but I cannot for member might as well apply that suspicion to provide rates of compensation, if the amend- the life of me see now what power it would the member from New Hampshire.
ment which is proposed by the Senator from confer upon any railroad company. As I unMr. CLARK Oh! don't bring me in. Maryland is adopted the company will be re- derstand it now, the companies will have such
Mr. JOHNSON. “Misery likes company.”; stricted to taking in effect no compensation at power as the States give them, and no more. (Laughter.] All I want to do is to guard | all, because it is limited to what is authorized I really do not see any object in passing the against giving to these companies the right to by that particular State, and that particular bill in that shape. If Senators can show me charge whatever they may think proper, and State does not happen to authorize any. If I that this bill confers upon any existing corto limit them to a charge in the nature of a understand the regulations in New Jersey, this | poration any right that it does not have under quantum meruit. They are all now limited in particular line of road which it is sought to the State charter, I should like to know what their tolls, and the whole effect of the amend- open to inter-State commerce has no lawful it is. I am familiar with railroad charters and ment is to say that for the duties they are to authority at all for any price to carry through
railroad laws, and I want additional powers, if perform under this act they shall not exceed passengers and through freight, and it is de- | possible, conferred on certain railroad compathe rates of compensation fixed by the State sired to give that lawful authority and to allow nies, so as to expedite the transportation of law-that is all; not to say that they shall it to receive a reasonable compensation. I am supplies and goods from one part of the counnot be compensated. To apply it to the case very much afraid, indeed-I dare say it is not try to another. I am very much in favor of which the honorable member seems to suppose the object ofit--that the adoption of this amend- the object of the bill, but it seems to me that is the only case to which the bill applies—but ment would be the substantial defeat of the it has been so garbled and destroyed that it is that is a great mistake, for it applies to all the object which it is desirable to accomplish. now of no account. roads in the country—the Amboy railroad in The question being taken by yeas and nays,
Mr. MORRILL. The bill is undoubtedly New Jersey is authorized to charge a certain rate resulted-yeas 17, nays 19; as follows: shorn of one of its features, which was the of tolls for carrying passengers and for carry.
YEAS- Messrs. Buckalew. Cowan, Creswell, Da
objectionable feature to me. A company caning freight; any other company there who may vis, Fessenden, Foster, Guthrie, Ilarris. Henderson, not do what was undertaken to be done by the be authorized, if it connects with the Amboy llendricks, Johnson, Morrill, Norton, Riddle, Sauls
bill originally without the consent of the State bury. Van Winkle, and Willey-17. road, to carry freight or carry passengers NAYS-Messrs. Anthony, Chandler, Clark, Con
authorities. That was the chief objection to through, are to be limited to the same rate, or ness, Edmunds, Grimes, Iloward, Howe, Lane of the bill in my mind. It can do now all that it if the Amboy road is to take the freight and
Indiana, Morgan, Nye, Poland, Pomeroy, Ramsey, could have done before with the consent of
Sherman, Stewart, Suniner, Wade, and Wilson-19. the passengers from the termination of the
ABSENT-Messrs. Brown, Cragin, Dixon, Doolit
the States. That is all there is of it. connecting road, they shall not be at liberty to tle, Kirkwood, Lane of Kansas, McDougall, Nes- Mr. SHERMAN. Could they not do this charge more than their charters authorize. I mith, Sprague, Trumbull, Williams, Wright, and Yates-13.
at any rate without this bill? assure the honorable member I have not the
Mr. MORRILL. Without the consent of slightest desire to defeat the bill by any such
So the amendment was rejected.
the States, of course there was no authority in movement as this.
The bill was reported to the Senate as the General Government by which the thing The question being put, there were, on a
amended, and the amendments made as in could be done at all. division-ayes 17, noes 15.
Committee of the Whole were concurred in. Mr. SHERMAN. The Senator has exam. Mr. CONNESS. Let us have the yeas and
Mr. CRESWELL. I renew the motion which ined the bill, and I ask him what power it gives
I made, and which was acted on yesterday in to any railroad corporation not conferred by The yeas and nays were ordered.
committee, when the Senate was not at all full, the charter of the State. Mr. ÅENDRICKS. I wish to suggest to the which I deem important to this bill. It is to Mr. MORRILL. As against the State? Senator from Maryland that I presume no objec. insert as a new section:
Mr. SHERMAN. Yes, and against any. tion will be made to his amendment if he will SEC. 2. And be it further enacted, That Congress || body. add the words “in all cases where the State may at any time alter, amend, or repeal this act. Mr. MORRILL. As against the State, none laws prescribe the rates."
The only object of this amendment is to
at all. Mr. JOHNSON. I have no objection to that. retain in the future the entire control over this
Mr. CLARK. I cannot say what was deThe PRESIDENT pro tempore. The amend
but it seems system of legislation. We are abont entering | signed by the framers of the bill; ment will be so modified. on a new field; we are not apprised as to what
to me that the bill now secures all that its Mr. STEWART. I do not see the object of may be the precise results of this kind of legis- friends say that it was intended to secure, that the amendment. Of course we do not say in || lation, how it may affect commerce, how it
is, the right to carry freight, passengers, troops, this law that these companies may charge higher may affect the great railroad and transporting || Government supplies, mails, &c., over the than the rates allowed by their charters; and interest of the country, and this amendment
road. That it does now. The amendment those laws of course would control in this mat
simply proposes to retain in the hands of Con- which was adopted on my motion simply proter. We have not undertaken to abrogate those
gress as against any interest, vested or other- vides that you shall not enter into a State and laws by any language I can see in this bill. wise, which may be created by this bill, the
build a new road or a new connection without There is nothing in this bill to be so construed. || right hereafter to control it.
the consent of the State. I understood the Mr. JOHNSON. If that is so the honorable
Mr. CHANDLER. I have not the slightest object of the bill outside to be to authorize member ought to vote for the amendment so as objection to the Senator's amendment. I do
some railroad in New Jersey to carry freight, to make it clear and certain.
not think it has any effect one way or the other; | mails, and supplies which now was prohibited Mr. STEWART. I think it is clear now. but I have no objection to it. Congress has
from carrying them. If there is any force in Mr. JOHNSON. It may be contended, and the power which this amendment calls for, any
such legislation, this bill now authorizes them has been contended, that Congress has the au
to do that just as much as before the amendway: thority of itself to construct roads or to author- T'he amendment was agreed to.
ment was put there. The amendment has not ize roads already constructed to carry on com
The PRESIDENT pro tempore. The ques.
touched the main features of the bill; it has merce between the States; and it may therefore be said that when Congress attempts to do that, tion is, Shall the amendments be engrossed simply put on it a guard that you shall not
build a new road in any State without getting and the bill be read the third time? and authorizes the charging of compensation
the consent of the State. It seems to me it without saying how the compensation may be
Mr. SHERMAN. I should like to have the bill read as it now stands amended.
has power enough, though some of its friends regulated, they may charge whatever compen
seem to think it has not. sation they may think proper to ask and the
The Secretary read it, as follows:
Mr. SHERMAN. What I desire, what the public may be willing to submit to. The whole
Whereas the Constitution of the United States con
people of the country desire, is some power in fers upon Congress in express terms the power to regeffect of the amendment is to limit them in their ulate commerce among the several States, to estab
the General Government to prevent a State charges of compensation to the charges to which lish post roads, and to raise and support armies: from lying in the path of a great public imthey are restricted by their respective charters.
provement demanded by the United States. I
can state a case. Ohio is an agricultural State; honorable Senator from Maryland whether the successors and assigns, be, and is hereby, authorized the chief value of its products depends upon charter of the Delaware and Raritan Bay Rail
to carry upon and over its road, boats, bridges, and
getting a market on the sea-board in the New road Company-I believe that is the name- mails, freight, and property on their way from any
England and middle States. By the policy of provides rates of toll which it is authorized by State to another State, and to receive compensation the State of Pennsylvania all the railroad power law to take.
therefor, and to connect with roads of other States so of that State is concentrated in one great corMr. JOHNSON. I do not know.
as to form continuous lines for the transportation of
tho same to the place of destination: Provided, That | poration, with an annual income now of from saw the charter.
this act shall not affect any stipulation between the fifteen to seventeen million dollars. The State Mr. CRESWELL. I judge it does for the
Government of the United States and any railroad
of Ohio has thrown open its territory, and all purposes of the several roads of which that
pensation, nor impair or change the conditions im- the western States have thrown open their terroad is composed — certainly for local pur- posed by the terms of any act granting lands to any ritory, to the building of vast nets of railway, poses.
such company to aid in the construction of its road; intended to benefit the West and the East also.
nor shall it be construed to authorize any railroad Mr. EDMUNDS. This bill provides, of
company to build any new road or connection with The great State of Pennsylvania, stretching from course, for through transportation. It has no any other road without authority from the Stato in Lake Erie almost to the southern border of Ohio, effect to operate upon internal commerce, and
which such railroad or connection may bo proposed.
lies there in the way, controlling and preventing ought not to have any, because that belongs to at any time alter, amend, or repcal this act.
the commerce of this great country from going
to the sea-board. We had almost a little war plied with one or more railroads, checkering | it, and would be very unwilling to bring it in there at Erie about the connection of two rail- the State all over. It is true some of the in- competition with another before the proper roads, until finally, I think, somebody in Penn- vestments are very poor; but still we have the time; but when the time comes that the trade sylvania was either bought off or coaxed off and || railroads, and they are of vast public service; and travel of the country demand another outa connection was made which enabled us to pass but when they come to our eastern border we let, it will be made and be made promptly. along the lake shore to the State of New York. are there met by three great corporations, each I am opposed to this bill, Mr. President, Recenlly an effort has been successful in the of them of mammoth proportions, that refuse because I think it is clearly a usurpation of courts of Pennsylvania to prevent a corpora- to let the products of the West go to a cheap power on the part of the General Government tion from building a new line of railway through market in the East without some unreasonable which it does not possess. If we can enlarge that State, and now the great corporation of restriction. Take the case of the Pennsylvania | the chartered powers of a railroad lying within Pennsylvania to which I refer is engaged in Central railroad, the corporation to which I a State, we can diminish those powers. If we preventing a connection between Washington || bave already alluded. There are three lines have any power over them whatever, we have city, the capital of the country, and the great of railroads concentrating at Pittsburg, running | all; or, at least, I know nowhere where there West. A line of railroad was chartered at one through the State of Ohio, one from Cleveland, is to be found any limit. But there is a mis. time from Pittsburg through Connellsville to one from Chicago, one from Cincinnati, and a chief, and a mischief which existed at the the Baltimore and Ohio railroad, which would great number of feeders running into these three framing of the Constitution, and which was shorten the distance between this city and roads. In this way the travel and the produce || provided for, not affirmatively, by clothing this Pittsburg for every one traveling to the West of any part of Ohio can readily reach Pitts- Government with the power to charter railperhaps one lundred miles, or it may be less | burg; but how is the vast produce concen- roads, but in a negative way. What is the than that;
but this corporation lies in the way trated at this one important point to get from mischief alleged here? It is that certain States of this improvement and prevents its con- Pittsburg to Philadelphia, or any other mar. levy taxes to putinto their State treasury through struction.
ket? Only over the Pennsylvania Central rail- the medium of their railroads, and they levy Now, I believe there is power in this Gov. road; there is no other way for the vast com- these taxes upon the inter-State travel and tra's. ernment somewhere, under the authority to merce of the great West concentrated there to That is the mischief, as I understand, which is regulate commerce, or the authority to regu- reach the eastern market; and that company complained of. I am not certain that the mislate the postal service, or in some of the great has now an annual income of $17,000,000. chief has risen to that height which would renpowers conferred upon Congress, to prevent a They compel the products of every portion of der it proper that we should interfere, but I am State from lying this in the way of the com- the West which reach Pittsburg to go over their rather inclined to think that I would vote for merce of this country. It is manifest that this road ; and they will not allow anybody else to a bill which would prevent a State from combill in its present shape, which requires the build a railroad running from Pittsburg north- | mitting that mischief. consent of the State to the construction of any wardly to get to New York or southwardly to Under the original Articles of Confederation work through that State, utterly defeats the get to Baltimore. They control, in a great the citizens of all the States were only in the object of the framers of the bill. It will be measure, the legislation of Pennsylvania, and several States to be subjected to such burdens, ineffective; it will only deceive the public; it they lie right in the path of the commerce of themselves and their trade and travel, as the will only deceive the friends of the bill. I do this country.
citizens of the State within which they were at not see, therefore, any object in passing it. If, It seems to me that since we have exercised the time were subjected to. That was found however, the friends of the bill think there is some pretty strong powers, the time has arrived to be mischievous, because the citizens of a any virtue in it, I am still willing to vote with when, if we can, we should find in the Consti- State lying, as Pennsylvania does, across the them for it; but I cannot myself see any, be- tution some power to redress this evil. Every line of principal travel from the East to the cause the amendment that has been adopted portion of this country labors under the evils West, or lying, as the State of Maryland or the requiring the consent of the State to any au- growing out of this system. In New England State of New Jersey does, between the norththority exercised within the limits of the State, they have to pay higher prices for the produce ern and southern travel, might well afford to by any railroad company, destroys any virtue they consume. In New York they are crip- pay this tax, provided all the strangers who there is in the bill.
pled also, because the city of New York lies i passed through their State were obliged to pay Mr. CLARK. My amendment does not go in a little peninsula stretching down south of it too; and I think it was the defective nature that length. It simply provides that a new the great body of the State of New York, and of that provision which gave rise to the present road or new connection shall not be built with- the recent action of this company in the State power of the Constitution given to the General out the consent of the State. of Pennsylvania has prevented the construc- Government to regulate commerce.
But cerMr. SHERMAN. Then the object which I tion of a new line of railway along the north- tainly that power does not extend so far as to have in view and which the people of Ohio ern border of the State of Pennsylvania to enable Congress, in despite of the States and have in view in supporting this bill is confess- reach the city of New York. The city of Bal- | against their will, to make ways of commerce. edly defeated; that is, there is no way to aid timore is cut off from connection with us, and However much it might operate upon common any corporation or any individual in opening || with the western portion of the State of Penn- carriers and upon the right of the States to new channels of intercourse from the West to sylvania; and this corporation compels the impose improper burdens upon trade and travel, the East.
Baltimore and Ohio railroad to creep down it cannot extend to the chartered powers of Mr. GRIMES. Do I understand the Senator | along and over the most difficult mountains ir turnpike and railway companies, because to say to say that he wants Congress to confer on the United States to reach Wheeling and the that it does is to say that the whole is vested corporations the power to build railroads? southern part of the State of Ohio, while it has | in us: and, Mr. President, I know of no greater
Nr. SHERMAN. If I had my way I would been considered, I believe, for more than a mischief that could happen this country than organize a corporation under an act of Con- hundred years, since the time of Washington, to bring all the railroad companies in the coungress to build a line of railway in the most that the natural outlet for the commerce of the try here to have their charters either enlarged direct possible manner from the city of Wash- West to the East is through the gap of mount- or diminished. I do not know anything which ington to the city of New York, and from the ains from Pittsburg to Cumberland. That was would be more likely to undermine the virtue city of Washington to the West, and as many the route that was traveled by Washington in of Congress and sap the very foundations of of them as are necessary for military purposes. his early adventures to the West. It was the our institutions than to bring all the capital
Mr. GRIMES. If my opinion was that it great line of travel long before any one of of the country here to buy special privileges would be to the advantage of the public and these railroads was made; it was the line of from us and combine together to get them. my own individual advantage to build a road the old Pennsylvania wagons; it was the line Mr. HOWE. I know of one thing that in the State of Ohio within ten miles of and of the old Cumberland road which I traveled would be, in my judgment, a little more injuparallel with the Pittsburg, Fort Wayne, and in a stage and crossed the mountains before rious than that. That might hurt, but not so Chicago railroad, ought the Government to do this railroad was built. And yet that line | bad, I think, as it would hurt to concede the it? Where is the line to be drawn between the || pointed out by nature is blocked up by a cor- power to any one State of this Union to actcase the Senator puts and the one I put? poration.
ually prohibit commerce from passing through Mr. SHERMAN. The Government of the It seems to me that if there is any power in its limits from one State to another. The United States would only be justified in build- the Government to prevent this, it ought to be power which the opponents of this bill concede ing railroads or exercising extraordinary an- exercised. I do not think the passage of this to the State of New Jersey is a power to throw thority under the military and postal powers in bill will do any good now, because it has been a gate across one or two or all of its highways, cases where it was manifest that the States pre- so cut up; and if, as my friend froin Maine | and to say that commerce between the States vented the building of railroads. In the State has urged in his argument, there is no power on either side of it shall not pass over those of Ohio the case put by the Senator occurs. in the General Government to control or regu- || highways. If New Jersey has that power, Ohio Anywhere within that State any five men may late the building of a railroad within a State, has it, and Ohio may at the very next session build a railroad if they will risk the investment. as a matter of course we shall have to submit of her Legislature, or her railway companies
Mr. COWAN. And buy the right of way. to it until the people of the great State of themselves may, if they see fit to do it in the
Mr. SHERMAN. No; we give them power | Pennsylvania rise up in rebellion against the interests of Ohio agriculture, stop every pound to condemn if necessary, and we do not restrain || authority of this corporation.
of freight from passing through that State, or them except by their own self-interest; and Mr. COWAN. Mr. President, I think the may levy a toll upon it, in the interest of her what has been the result? In the State of apprehensions of the honorable Senator from production, which would be ruinous to the ag. Ohio we have a network of railways running in Ohio in regard to the action of Pennsylvania |riculture of the country. Ohio can at the very all directions through that State, many paral- in this behalf are entirely unfounded. It is next session of her Legislature impose such lel to each other. I do not think there is a true that she has one great railroad, and has restrictions upon the railways of that State as county in the State of Ohio that is not now sup- been very careful of it and very liberal toward would inevitably not only starve the East to