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death, but would suffocate the West, would I live to Pittsburg, a distance of about thirty | Congress to regulate commerce among the just block up the product of the Northwest miles, or nearly so. When we take all these several States; and if one State intervening where it is raised, and would leave the East, things into the account, I think there is no between two other States stops the commerce where it is consumed, without it, and I think reason that we should complain, either of the between those two other States, the Congress that would be a little more injurious than the monopoly of railroad companies or of the ex- of the United States has the power to open it corruption which would follow from assuming clusive claim on the part of the States to con- through the obstructing State. That, I think, the simple jurisdiction that is asked for liere, trol the corporations within their limits. All is a plain principle; but the power of Congress which is no more in the world than just to say, that could have been asked of a State in the in relation to internal improvements in an by the authority of the nation in the interests first place was to say to the people, “You may obstructing State so as to open commerce beof commerce, that these bars put up by the travel over the State and you shall travel over tween two other States adjoining the obstructState of New Jersey over one of its highways the State free from any burden whatever, ex- ing State is a concurrent power with the power shall be let down. That is all. It is not to cept perhaps for police or sanitary purposes, of the State obstructing over its own system build any railway nor to add any new privi- || but we will impose no burden on you which of internal improvements. Here is the State leges nor make any new corporation.

will put taxes in the State treasury.” That of New Jersey. It has a system of internal Mr. COWAN. There is power to correct was the most that anybody could ask, not that | improvements for itself. Those improvements the evil of which the honorable Senator com- the General Government should enter a State may be used, and have long been used, for the plains, to a great extent, but this bill does not and should parcel out franchises which belong purpose of facilitating trade between States, it correct it. This bill does not prevent the to it as a part of its reserved rights and give || lying between them. The question is this: has States from levying taxes upon the trade and them to corporations after the fashion contem- Congress the right, under the power to regulate travel of other States. It steps aside, away plated by this bill.

commerce, to enter into the State of New Jerfrom the mischief, and undertakes simply to Mr. President, I have had no apprehensions sey and seize upon all the system of internal say to all roads, “Your power shall be enlarged that this measure could pass, and have there- improvements which that State has constructed so as to enable you to do things which you are fore sat silently by during the debate; but I for the purpose of facilitating trade and internot authorized to do by the terms of your beg leave to say, that if this measure is to pass course, and to regulate the system itself? I original creation." It does not forbid the the Senate, it is, even among the important say Congress has no such power as that; but State of New Jersey from levying taxes to go measures which come before this body, the at the same time neither the State of Pennsylinto her State treasury through the medium most important by far which has claimed our vania, nor the State of New Jersey, nor any of the Camden and Amboy railroad. It does attention during this session, and will be fraught other State has the power to obstruct comnot prevent the State of Pennsylvania from in the future with results that no man can cal- merce among other States, those States lying requiring a foreign corporation to pay so much culate now. I hope that we shall all pause between those other States. annually for leave to go through the State. It before we adventure ourselves upon an errand What, then, is the extent of the legitimate does not forbid the Baltimore and Ohio railroad of this kind.

power to regulate commerce as between those from levying a tax upon its passengers to go Mr. SUMNER. I agree with the Senator other States and the State of New Jersey or into the coffers of Maryland. It leaves the from Pennsylvania that the measure before us Pennsylvania intervening between the other mischief untouched ; but it attempts, in viola- | is an important measure. Whether it is so States? It is simply this: if such obstructions tion, I think, of all State authority and all State transcendently important as he depicts. I do l be interposed Congress has the power to open right, and without any reason, to enlarge the not venture to say. But, sir, I believe it is a up its own system of internal improvements charter of the Delaware and Raritan Bay Rail- | beneficent measure, and it is important from for the purpose of carrying on trade among the road Company through New Jersey, because its very beneficence. The bill as originally || several States. Suppose New Jersey by her that is the point of it; and it is upon that presented was complete and simple. I think legislation was to adopt a system of laws that charter that it is to operate.

that met the idea which has been so ably pre- would interdict the States west and east of her But, Mr. President, there is another thingsented by the Senator from Ohio. Were the from the use of her system of internal improveto be taken into the account. Who has suf- bill adopted in that form it would be truly ments for the purpose of commerce among fered from this “monoply” in New Jersey, beneficent. It would prevent any State from the several States. She might, and I think pray? Nobody. The people of the world becoming a turnpike gate to the internal com- would, have the power to do so; but that, at never before traveled as comfortably, as merce of the country. No State, I insist, has the same time, would not leave the difficulty rapidly, and with the same certainty as they a right to take toll on the internal commerce without a remedy. Congress, under its power do now across New Jersey upon the Camden of this great Republic, and it belongs to the to regulate commerce among the several States, and Amboy road. It is a good road, and United States, under the Constitution, to regu- would have the right to go into the State of Nourishing, and ought to be, and New Jersey late that internal commerce. It was in the New Jersey, or the State of Pennsylvania, or ought to be proud of it. She has fostered it exercise of that power, under the Constitution, any other State, and construct works of interand given it privileges which she has refused and also of other powers, as, for instance, the nal improvement necessary to facilitate and to to other companies, and it is owing to that power to regulate the post office, and also the continue the commerce among the different very fact, perhaps, that she has it to-day. Now, | military power, that this bill was conceived. States of the United States. other companies want to enjoy the fruits of its | I say, sir, in every respect it is a beneficent I think that gentlemen confound the matter. prosperity and success; and because New

It has been to-day ably and conclu. Here is a separate concurrent power on the Jersey refuses to allow them to do so, in sively vindicated by the Senator from Obio. part of the State of New Jersey and on the part violation of her own compact with her own On other occasions I have at length considered of Congress. New Jersey has the right and company, her own creation, we are appealed it. I feel now that there is no occasion for any the power to establish her own system of interto to do it. It is not to remove the actual mis- further elaborate discussion. I regret, sir, nal improvements. She has the right to conchief, the mischief which exists as against the with the Senator from Ohio, that the amend- struct her canals and her railroads. Those Constitution, and which has not been felt, and ment of the Senator from New Hampshire has canals and railroads may be useful, and may as against which I believe nobody has as yet been fastened upon it. I wish it were in our facilitate the commerce between the West and sought relief, but it is to confer special power power now to get that amendment off and re- the States east of New Jersey; but because not granted by New Jersey upon one of her store the bill to its original force and virtue. they may be appropriate to such purposes that own corporations.

But even with that amendment, allow me to does not vest Congress with the power, nor has With regard to Pennsylvania, who has found say, the bill is better than nothing: It does | Congress the authority under the power to regdifficulty in coming across the Alleghanies by | something. It goes forth and does battle with ulate commerce among the several States, to the Pennsylvania Central road? There is hardly that monopoly in at least one State of the enter into the State of New Jersey and take upon this continent or upon any other such å Union which was in view when the bill was first || possession of and regulate, according to the road as that; a road upon which a man can presented. It is also a precedent for the future will and the legislation of Congress, the whole travel with the same speed, the same certainty, action of Congress, and it will open the way to system of internal improvements of the State and at less cost. What might be if there were all that the Senator from Ohio so earnestly of New Jersey. more of them, and what might be if they were desires. I shall be glad hereafter to act with If New Jersey will persist in throwing un. upon more direct lines, is another thing. But, i him in carrying out the original purposes of reasonable obstructions in the way of the trade Mr. President, it requires an enormous amount this bill, so that no State shall be able to set of the States east and west of her, the approof capital to build a railroad through the morint- itself up in the way of the internal commerce priate and constitutional remedy which Conains, much more than it does over the almost of the country. But considering that the gress may employ is to itself establish and level plains of Ohio. Pennsylvania does not amendment has already been made, that it has construct works of internal improvement across feel herself warranted in creating companies | been attached to the bill, that we have now the territory of New Jersey or any other State, with a large amount of capital to embark in passed the stage when it would be advisable to that will not only regulate, but facilitate, proenterprises until she is satisfied herself that open the discussion of that amendment again, mote, and stimulate trade among the different they will pay; and the moment that is done, I hope that the Senate will proceed to the final States of the United States.

if the present new avenues will be opened; but certainly no passage of the bill. I have said that though | condition of things was such that New Jersey one can complain now of the want of avenues shorn of much of its virtue it is better than was offering obstacles to the trade between the to pass through Pennsylvania in any direction || nothing; it will do much good. It is even in West and New York, so far as that trade was almost. As I said before, they may not be its present form essentially a beneficent meas- to pass over her territory, she may do so to the direct; I may not be able to get home as di- ure. Therefore I hope that it will be adopted. extent of imposing her own rates of toll and rectly as I could by an air line; but I know Mr. DAVIS. Mr. President, it is the right | making her own regulations upon her cavals very well that I get home in the same time now of every State to construct its own system of and upon her railroads. But because she exthat it would formerly take me to go from where Il internal improvements. · It is also the duty of ercises her power to that extent that does not


Mr. JOHNSON. I think the honorable

authorize Congress to enter into her territory || ish and odious condition, one that they ought to some six or seven or ten dollars; but it and take possession of those canals and those to be ashamed of and ought to abandon, in my turned out to be a very unfortunate investment railroads and establish different tolls and dif judgment; but by the very fact of authorizing to the original stockholders. Every man of ferent regulations upon them from what New these railroads and building them, they created them who was not able to bear the loss, and Jersey by her own authority has established. valuable property and increased the facilities who had any number of shares, lost almost If, however, the obstruction is so great as to of commerce in the country. It belongs to everything he was worth, and it has not been require the exercise of the authority of Con- them; it is within their own limits; and be- untis a comparatively recent period that the gress under its power to regulate commerce cause it thus becomes an avenue of commerce, work has been a prosperous one.

During the among the several States, the only way in which I cannot see how that gives all power over it whole administration which preceded the existCongress can exercise that power legitimately to the Government of the United States any ing administration of the road the stock was is by establishing its own lines of communica- more than if they made a turnpike, any more very low, and no dividends were declared. The tion, either in the form of railroads or canals, than if they established a line of coaches to be State now is receiving, as a stockholder, her or some other form, by which to regulate and used for the transfer of passengers and the share of the dividends upon the amount of facilitate commerce among the several States. carrying of packages, &c., in any way. I have stock she holds; I think it is about half a mil

But, sir, I utterly deny that the original pur- been unable to come to the conclusion that we lion of dollars--I am pot sure that I am right pose of this bill is constitutional or comes had any constitutional power to meddle with as to the amount-and she receives upon the within the legitimate and constitutional power that which belongs to the State exclusively, passenger travel on the road from here to Balof Congress. The power vested in Congress and which it alone had a right to control. That timore one fifth of the amount which she auby the Constitution to regulate commerce is the simple reason upon which I shall vote thorized the company to charge. But she might among the several States is not a power that against the bill.

have authorized the company to charge the will absorb the power of a single State to es

entire sum which they now charge without extablish its own system of internal improve member, without meaning it, has disparaged acting anything, and that would not have operments. Such a power on the part of Congress the State of Maryland. The charter of her ated more prejudicially to the people of the to regulate cominerce will not authorize Con- great road, which has inured so much to the other States than the provision by which she gress to interfere, in my construction of the benefit of the whole country, was granted at secures to herself a portion of those charges. Constitution, with the internal system of im- a time when the railroad system was hardly I concur with the honorable member from provements of any particular State whatever. known. The charter upon the Washington Maine in thinking that, looking to the relative With this view of the power of Congress on road was granted soon after. It was very much condition in which the States stand toward this subject, I think the bill, with the purpose opposed by those who were interested in the each other, and, more especially, looking to of taking possession of the works of internal | turnpike between the city of Baltimore and the relation in which we individually stand to improvement of that State, or of any other Washington. They went to the extent of sup- each other as citizens of a common country, State, establishing rates of toll and the trans- posing that the charter interfered with rights so far from throwing in the way any impedifer of freight upon them, or making regulations | secured by what they imagined to be a contract ment to intercourse, the best thing the States to exclude the power of the State over its own between the State and themselves, protected can do, if they are able to maintain themselves internal system of improvements, is altogether || by that clause of the Constitution of the United and at the same time do it, is to open all the an unauthorized power when it is claimed for States which prohibits a State from impairing avenues at once; but if they cannot do that, Congress; and that, if Congress is desired to the obligation of contracts. It has never been without securing some compensation for them. act upon the subject at all, to act legitimately | denied, as far as my impression extends, that selves, then it would seem to be better that we and within the pale of the Constitution, it must the States having authority to grant charters should have even that mode of intercourse act in the form of opening up new works of may exact a bonus. I suppose in Maine char- than bave no mode of intercourse. internal improvement, constructed under its ters of that description have been granted upon I merely rose because I was apprehensive own authority.

the condition that the company would pay to that what fell from the honorable member from I recollect that this question came up thirty the State something in the way of a bonus. Maine might be considered as justifying the years ago in the politics of that day. The State Mr. FESSENDEN. Never, under any cir- inference that Maryland had done something of Kentucky had a large trade to the State of cumstances.

that she ought to be ashamed of; and I think the South Carolina. It had to pass that trade over Mr. JOHNSON. It has been done in nearly || honorable member used the word "ashamed." the territory of Tennessee; and in the conflicts all the States.

She is not in the habit of being ashamed of of politics between the North and the South, Mr. FESSENDEN. Not in the New Eng- anything she has done. Her people may do and between the West and the South, it was land States. We do not levy a tax on people wrong, and they may, in this instance, have threatened that the roads and channels of com- living out of the State.

acted, perhaps, erroneously; but that I doubt. munication for that trade over Tennessee would Mr. JOHNSON. I am about to speak of I do not think she did, in the beginning; but, be closed to Kentucky and to Kentucky traders. that. Instead of exacting a sum in gross to be | acting from a conviction that what she did she It might have been legitimate for the State of paid by these companies to the State as a com- had a right to do, and, perhaps, continuing in Tennessee to close those roads and channels | pensation for the franchise, Maryland has pro- that impression up to the present time, even of trade within her own territory; but when- vided that a certain proportion of the fare upon the authority of my friend from Maine will not ever the State of Tennessee had proceeded to the passengers should inure to the benefit of be sufficient to make her ashamed of the conthe exercise of that power, then the power of the State; I think it is one fifth. They might, dition in which she stands now in relation to Congress, under the clause regulating, com- if they had thought proper, have exacted a sum hier sister States, and of the relative condition merce among the several States, would have in gross, which would have been equivalent, if in which her citizens stand to all the citizens authorized Congress to open new roads and the company had been able to pay it, to an of the country, and, among others, to the citinew channels of commerce over the territory || annuity such as they receive by the tax of one zens of the State of Maine. I think the citizens of the State of Tennessee for the purpose of fifth of the fares. But the company at that time of that State, perhaps, do not pay a greater rate regulating trade between Kentucky and other had no means whatever to meet such a bonus; in traveling over the route from here to Baltiwestern States and the southern States. and it is to be recollected, too, that the State more than they pay at home. I do not know

The amendments were ordered to be on: at that period was very much involved. Her what is the limitation upon their charges. They grossed, and the bill to be read the third time. credit had been very much impaired about that have a limitation, of course. The charge here It was read the third time.

time, and it was incumbent on her to provide | is three or four cents a mile, I believe-I forMr. SAULSBURY. Believing that it is not all the means that she could to meet her em- get the exact amount. in the power of Congress to enact it, I ask for barrassments and to place her credit in the Mr. SIIERMAN. About four cents; the the yeas and nays on the passage of the bill. condition in which it has almost ever since fare to Baltimore is $1 50. The yeas and nays were ordered.

been. She resorted to a stamp act, being, I Mr. JOHNSON. It used to be $2 50. Mr. FESSENDEN. I propose to vote believe, the first if not the only State in the Mr. FESSENDEN. That is a larger proagainst this bill, and I wish to state a simple | Union that has resorted to that tax, with a portion than is charged in New England. reason why I shall do so. I concur generally, I view to meet her engagements, and it answered Mr. JOHNSON. But the honorable mem. and almost particularly, with the remarks made

ber forgets that Maryland was a slave State. by the honorable Senator from Kentucky. I Now, as she might have authorized-nobody, Mr. FESSENDEN. I do not forget that. cannot see any reason why, if a State undertakes | I suppose, will doubt that—the company to Mr. JOHNSON. He would seem to forget an enterprise which of itself facilitates com- charge any amount of toll that they might think it, practically. If Maryland had been, as Maine merce and adds a new avenue for it, creates proper to charge, why is it that she has not a has been from the first, a free State, she would that which did not before exist, and imposes | right, without subjecting herself to the suppo- have had a population now as numerous and certain conditions, which conditions in them. sition of interfering unnecessarily with the as enterprising as is the population of the State selves may be somewhat burdensome, it hav. rights of the citizens of other States, to pro- of Maine. ing thus created a new auenue, that very fact, vide that she should, out of the tolls, be enti- Mr. FESSENDEN. How many Representawhen it becomes an avenue of commerce, tled to a certain percentage of those tolls in tives have you? places the whole thing under the control of the way of compensation for the franchise? Mr. JOHNSON. We have five now, countthe Government of the United States, to regu- The franchise, it was supposed at the time ing three fifths of the negroes. late, restrict, or destroy it in any way that it these charters were granted, would be very val- Mr. FESSENDEN. That is all we have. sees fit; because the power goes to the whole uable. I think the charter to the Baltimore Mr. JOHNSON. I know that; but you extent if it applies at all. The State of New and Ohio railroad was granted in 1836. The have not our negroes. The honorable memJersey and the State of Maryland, with reter- || provision was that two dollars should be paid ber says that is all they have; but we ought to ence to these charters, have put in a very self- up on cach share on subscribing, running it up have more. He is in a very inhospitable part

the purpose,


of the country. As far as climate is concerned, passengers between the city of Baltimore and which the bill is founded will meet with diffiand as far as the wealth of the soil is concerned, the city of Washington. In the normal con- culty the moment the hill comes before the I do not think his State altogether equal to the dition of affairs that yields her the sum of from courts. As a general principle, I do not think State of Maryland, to say nothing of our fine seventy-five to ninety thousand dollars a year, it is within the power of the Government of oysters and soft crabs, and last, but by no which is less than her usual rate of taxation the United States to confer upon any corporameans least, terrapins and canvas-back ducks. would amount to by two thirds.

tion, the mere creature of a State, any power (Laughter. ] I think the honorable member Mr. GRIMES. She does not tax the prop: not granted by the act of incorporation. The from Maine, with all his attachment to his erty of the company.

very moment the United States undertakes to native State, just at this season of the year par

Mr. CRESWELL. She does not tax the extend power to any corporation created by a ticularly, would like to spend two or three property of the railroad company in any way State that is inconsistent with the act of incorweeks in a portion of Maryland where he | except by the imposition of this one fifth of || poration, the act itself becomes void. It is a could get delicacies which are not to be found the fare between Baltimore and Washington. | well-known principle of municipal law that no in the State of Maine. (Laughter.]

Not only that, but the State of Maryland has corporation can exercise a power not conferred Mr. GRIMES. They have cod-lish there. shown a disposition to abandon even that as upon it by its creator. It is simply a creature

Mr. JOHNSON. Cod-fish! That is enough | rapidly as her financial interests will permit. of law, and any attempt by a power outside of to kill any stomach, and I do not think my She has pocketed, passed to profit and loss, the State which created the corporation to confriend deals much in that line. (Laughter.] || the loss upon her internal improvements, of fer upon it additional powers will only defeat They have everything that is wholesome—that is $27,000,000, and has already granted a char- itself. No corporation can exercise any power manifested in the appearance of her sons; and ter to a road in competition with this very line that is not conferred upon it by the State which everything that makes gallant men—that has of road, from Washington city to the Point of creates it or by the power that creates it. That been exhibited in this war both upon the sea Rocks, upon which she has reserved no such is a principle of law that I believe any corporand upon the land; but give us fair play-and tribute. All the travel of the western States, ation now existing attempting to exercise or now we have it-and my friend from Maine when this new line of road is constructed, do anything under this law that they cannot will soon see, no matter what may be the rate which is now under construction, will pass

do under their charter will meet at the very of apportionment, that the Representatives of from Washington to the western States with- outset. Still, as Senators think that it may Maryland will outnumber the Representatives out any such reservation of any portion of the have some good effect, I shall vote for the of the State of Maine. fare.

bill. Mr. FESSENDEN. I only wish to say to Mr. FESSENDEN. Then that shows that I desire also to say a word on account of an my friend that I had no idea by the simple the State of Maryland is ashamed of it. expression I dropped the other day in the Senremark that I made of bringing out such a Mr. CRESWELL. Not at all. It only shows ate in regard to the State of Maryland. I am course of observations as he has made all in that the State of Maryland is willing to do even satisfied that the Baltimore and Ohio road is very good nature. I concede that if everything more than she has heretofore been able to do, not subject to the criticism I made here the else in Maryland were to be on the same level with a view to promote travel and commerce other day, that it attempted to use its power to with her soft crabs and terrapins, I should think between the States. She is not ashamed of it. prevent communication between Washington much better of the State, perhaps, than I do now. She has a perfect right in lieu of all taxation and the West, because since I made that state(Laughter.] But I did not mean to say any. to exact some such compensation as this. ment I have bad information furnished me on thing in any way derogatory to that State; nor Mr. FESSENDEN. Exactly. I do not feel the subject, and am entirely satisfied that the do I of any State in the Union. Maryland has inclined to go into this controversy, and if Sen. Baltimore and Ohio road are now doing all very much to be proud of, aird I hope she will ators do not like this expression I made use they can, in connection with an existing corhave very much more to be proud of, and I of I will take it back. "Of course I do not || poration in the State of Pennsylvania, to open think she will in the future. But, sir, with want to say anything derogatory of any State; up new channels of communication from Pittsregard to this individual thing, I merely ex- but with regard to that individual act, I think burg to the Baltimore and Ohio railroad. If pressed my opinion that the act was a selfish it was without consideration and unjustifiable. the State of Maryland will go one step further

It is levying contributions on the people | The Senator says they impose no taxes upon and authorize the construction of a railroad of other States, wherever it is undertaken. It their roads. My objection is that they make from Washington directly toward New York, is what I call a mean thing; and if the State up what they give to their own citizens or per- and also authorize the construction of a rail. of Maryland is not ashamed of it, I repeat, I sons interested in that road by levying contri- road from Harper's Ferry, or from Martinsthink she ought to be. That is only my opin- | butions upon the people of other States for burg, across the State of Maryland in that ion. I hope she will by and by, on reflection, I going through their territory.

region of country, I think it will do all that become satisfied that it is not exactly the thing Mr. CRESWELL. The contribution is levied any State could reasonably demand of it. to rlo.

But I do not think we have a right to on all passengers, as well those of the State of Mr. CRESWELL. To what point does the meddle with it.

Maryland as those of any other State, and on gentleman desire a road? Mr. CRESWELL. I should like to ask the passengers from Baltimore city, a point within Mr. SHERMAN. From here to the Point Senator from Maine whether in granting these the State of Maryland, to the city of Washing- of Rocks. acts of incorporation in the State of Maine, | ton, which is also within the old jurisdiction Mr. CRESWELL. That has been already the State reserves the right to tax the compa- of the State.

authorized. nies and their business.

Now, sir, I have only to add that if gentlemen Mr. SHERMAN. I said that I wished to Mr. FESSENDEN. No, sir; we tax nothing understood what efforts the State of Maryland withdraw a remark that I made in reference to but the shares. We tax railroad stock like any has made to maintain herself in the different the Baltimore and Ohio railroad. other property, and we tax the real estate held contracts she has voluntarily made for the pur. Mr. CRESWELL. And now the gentleman by the railroad company; that is to say, the pose of constructing these works of internal | speaks of a road from Martinsburg to some buildings, &c., according to my recollection ; improvement, I do not think we should ever

other point. but we do not tax the charter; we do not charge hear these expressions of “ashamed," &c., Mr. SHERMAN. The Senator was not listanything for the charter; we do not ask any bandied about the Senate. No State in the ening to what I said when I rose, and therefore bonus, or anything of the kind. We are glad Union has voluntarily submitted to greater I will repeat that I withdraw a remark I made enough to get men to build railroads there if burdens than has the State of Maryland. For || in reference to the Baltimore and Ohio road anybody will undertake them. They are not twenty years and more, ever since these great the other day, and I believe that road is envery profitable. We tax the property of rail- works of internal improvement were started | deavoring to facilitate communication to the roads precisely as we do any other property in the State, our people have literally groaned | points I desire most to accomplish; that is, to For instance, if a railroad owns real estate it under a weight of taxation which to them make a line of road from its road to Pittsburg. is taxed like any other real estate. If individ- has been almost insupportable.' The question If the State of Maryland will go one step furuals own stock in a railroad company it is taxed of repudiation was raised there once, but our ther and authorize the construction of a raillike the stock of any other company, according | people scorned it, and we submitted to taxa- road, so far as it can, across the State of Mary. to its value. I do not know of any other taxes tion in every shape. In 1845 a committee was land, from this point toward Philadelphia, and imposed upon them.

appointed of the ablest financiers of the State, open up a new line of communication in comMr. CRESWELL. I supposed that was the who grasped at every means of raising money | petition with one of her existing lines, I think

I desire to add to what my colleague || by taxation upon our people, and we have sub- she will have done all that any of the States has said with reference to the disposition mani- mitted to it. We have fortunately been able, could demand of her. fested by Maryland, that she has done a little by submitting to these extraordinary charges The State of Pennsylvania, a great, powermore than merely grant privileges to persons and burdens, to extricate ourselves from our ful, and wealthy community, has stood more who were willing to construct these roads. troubles, and the State of Maryland does not in the way of the railroad system than probaThe State of Maryland herself has invested owe one dollar to-day for any public work to bly any other State, with perhaps the exception nearly thirty-six milion dollars in the con- which she does not respond regularly in the of New Jersey. We in the West are not afstruction of these works of public improve- | payment of the interest. I only say this in fected so much by what is called the New Jerment, and of that sum she has lost absolutely || justice to my State.

sey monopoly as we are by the policy of the over twenty-seven million dollars. She has Mr. SHERMAN. The friends of this bill State of Pennsylvania. Those who travel from imposed no restrictions in the way of taxation still think that the provisions in it will be use- here to the New England States, passing upon the great line of the Baltimore and Ohio || ful for the purpose declared in the preamble through New Jersey, are constantly affected by railroad, which has now invested within her of the bill, and I therefore, in pursuance of my it and constantly complain of a single road in limits some twenty million dollars, save the declarations, will vote for it; but I must con- New Jersey which has a monopoly of all the imposition of one fifth of the receipts from fess that in my opinion the principle upon railroad travel. The complaint that has been




made with us has been that the State of Penn- up for consideration Senate bill No. 208. It SEC. 2. And be it further enacted, That said justices sylvania has concentrated in a single corpora- is a short bill, and will take but a moment.

shall hold sessions in banc at such times as theyshall

designate in their minutes; and at said sessions they tion all the powers conferred by their law upon The motion was agreed to; and the Senate, shall have power, and it shall be their duty to allot any railroad. The Senator from Pennsylvania as in Committee of the Whole, proceeded to said courts among themselves as they see fit, by says that Pennsylvania is a very prudent State consider the bill (S. No. 208) to protect Ameri

orders to be entered of record in their minntes, but

so as to assign each of said courts to be held by one and will not charter new companies until they can citizens engaged in lumbering on the St. justice; to make all appointmenis assigned to suid are shown to be profitable. I can only say Croix river, in the State of Maine. It pro- court by law; to remove officers appointed by it in that if the State of Pennsylvania will allow vides that the produce of the forests of the

such manner as may be prescribed by law; to hear

and decide all questions of law which may be reserved other communities and other people to build State of Maine upon the St. Croix river and its

at the trial of any cause in either of said courts; to railroads in that State where they think they tributaries, owned by American citizens, and hear and decide all such issues of law, demurrers to will be profitable, they taking all the risk, there sawed in the Province of New Bruuswick by

evidence, questions of law arising on special verdiet, will be no further complaint made of that State. American citizens, (the same being unmanu.

or special or agreed case, motions in arrest of judg

ment, motions for a new trial, or other motions as But until then, as long as she confers upon one factured in whole or in part,) shall be admitted may be adjourned to the court in banc, by an order corporation all the powers she grants to any into the ports of the United States free of duty,

on the minutes of the court in which such matter

arises; to hear and decide all appeals from the final railroad, there will be continual complaints; || under such regulations as the Secretary of the decisions of either of said courts; to bear and decide and when she endeavors to compress into one Treasury shall from time to time prescribe. all appeals from the orphans'court and froin jassingle channel of communication all the vast Mr. MORRILL. I move to amend the bill tices of the peace; to fix the times of holding the commerce of the West there will be continual in section one, line seven, by inserting aster

stated and special sessions or terms of said courts,

and cause said times to be entered upon their inincomplaint.

the words “the same being unmanufactured in utes; to cause jurors to be summoned to serve in the Mr. COWAN. I do not wish to make any whole or in part’’ the words “ and having paid said common-law and criminal courts, whenever extended remarks in reply to the honorable the same taxes as other American lumber on

jurors are required by the exigency of the business

therein; to make all such rules of procedure as they Senator in his strictures upon Pennsylvania ; that river."

may deem best adapted to a fair and speedy adminbut I expect, toward the latter part of the The amendment was agreed to.

istration of justice in any of said courts, and alter

and amend the same at pleasure. week, or perhaps the beginning of next week, The bill was reported to the Senate as SEC. 3. And be it further enacted, That in the comwhen the affairs of Sir Morton Peto & Co. are amended, and the amendment was concurred

mon-law court there shall be monthly sittings for wound up, the honorable gentleman will be in. The bill was ordered to be engrossed for

the trial of issues of law, and for taking judgments

by default, and all other matters not involving or better informed; and I have no doubt he will a third reading, was read the third time and requiring a trial by jury, which sittings shall comtake it all back, as he has done in the case of passed.

mence on the first Tuesday of every month, except Maryland.

during the stated terms or the reeesses of the court. EXCUTIVE SESSION.

And for the trial of issues of fact there shall be at least Mr. SHERMAN. In reply to the allusion to Sir Morton Peto, I will say that there was

Mr. MORRILL. I move that the Senate

three terms every year, at times fixed by the justices

at their sessions in banc to be entered in their minanother remarkable case where one of its own

proceed to the consideration of executive busicorporations and other persons connected with

Sec. 4. And be it further enacted, That the cquity an important railroad, the Atlantic and Great

The motion was agreed to; and after some

court and the admiralty and maritime court shall

be deemed always open for filing libels, bills, petiWestern railroad, were prevented by the State time spent in executive session, the doors were

tions, answers, pleas, and other pleadings; for issu

ing and returning all process and commissions; for of Pennsylvania from expending perhaps twenty reopened, and the Senate adjourned.

making and directing all interlocutory motions, ormillion dollars in that State in the construction

ders, rules, and other proceedings whatever, preparof a new line of railroad. The companies had

HOUSE OF REPRESENTATIVES. atory to the hearing of all causes therein: and also actually been organized for the purpose of con

for the trial and final decision of causes, in case the Tuesday, May 29, 1866.

parties consent to such trial, or the time of preparastructing a new line of communication along

The House met at twelve o'clock m. Prayer

tion has elapsed, and the cause has been set, and has the northern border of the State of Pennsyl- || by the Chaplain, Rev. C. B. Boyntox.

stood for trial ten days. vania, in which several of the existing corpo

Sec. 5. And be it further enacted. rations of Pennsylvania were largely interested,


The amendment was agreed to. and the State of Pennsylvania refused to allow The following bills were taken up from the The Clerk read the remainder of the bill. the necessary corporate franchises and privi- || Speaker's table, read a first and second time, The first section provides that writs of attachleges to construct that road, and through the and referred to the Committee on Invalid Pen- ment and garnishments shall be issued by the agency of their courts they defeated the efforts sions :

clerk of the supreme court of the District, of existing corporations to do it. I am happy

An act (S. No. 261) for the relief of Mrs. without any authority or warrant from any to say in regard to Sir Morton Peto, who is a Anna G. Gaston;

judge or justice, whenever the plaintiff, his gentleman certainly of very remarkable enter- An act (S. No. 275) for the relief of Cor- agent or attorney, shall file in the clerk's office, prise and ability, that he has already recovered nelius Crowley;

whether at the commencement or during the from his troubles; and I hope that yet, if the An act (S. No. 291) granting a pension to pendency of the suit, an affidavit, supported State of Pennsylvania will not stand in the Mrs. Rebecca Irwin ;

by the testimony of one or more witnesses way, he will aid the people of this country in An act (S. No. 298) granting a pension to showing the grounds upon which he bases his constructing a new line of communication con- Jane D. Brent;

affidavit, and also setting forth that the plaintnecting the Atlantic and Great Western railroad An act (S. No. 299) granting a pension to iff has a just right to recover against the de. with the city of New York. Jane E. Miles ;

fendant what he claims in the declaration, and The question being taken by yeas and nays An act (S. No. 314) for the relief of Sarah also stating either, first, that the defendant is on the passage of the bill, resulted---yeas 22, J. Purcell;

a non-resident of the District; or, second, nays 19; as follows:

An act (S. No. 326) granting'a pension to that the defendant evades the service of ordiYEAS-Messrs. Anthony, Chandler, Clark, ConHarriet B. Crocker;

nary process by concealing himself or by withness, Cragin, Edmunds, Grimes, Howard, Howe, An act (S. No. 327) granting a pension to drawing from the District temporarily; or, Kirkwood, Lane of Indiana, Morgan, Nye, Poland, Mrs. Katharine F. Winslow; Pomeroy, Ramsey. Sherman, Stewart, Sumner,

third, that he has removed or is about to reinove Wade, Williams, and Wilson-22.

An act (S. No. 329) for the relief of Mrs. some of his property from the District so as NAYS-Messrs. Buckalew, Cowan, Creswell, Davis, || Margaret Kaetzel;

to defeat just demands against him; and shall Doolittle, Fessenden, Foster, Guthrie, Harris, Henderson, Hendricks, Johnson. Morrill, Norton, Rid

An act (S. No. 328) for the relief of Abigail || also file his (the plaintiff's) undertaking, with dle, Saulsbury, Trumbull, Van Winkle, and' Wil- Ryan; and

sufficient surety or sureties, to make good all ley-19.

An act (S. No. 339) granting a pension to ABSENT-Messrs. Brown, Dixon, Lane of Kansas,

costs and damages which the defendant may McDougall, Nesmith, Sprague, Wright, and Yates-8. Benjamin Franklin.

sustain by reason of the wrongful suing out So the bill was passed.


of the attachment; provided, however, that if PRINTING OF A BILL. The SPEAKER stated as the first business

the defendant, his agent or attorney, shall file

an affidavit traversing the said affidavit, the Mr. STEWART submitted the following in order the consideration of the unfinished

court shall determine whether the facts set resolution; which was referred to the Commitbusiness of yesterday, being Senate bill No.

forth in said plaintiff's affidavit are true, and tee ou Printing : 184, to define more clearly the jurisdiction and

that there was just ground for issuing said writ powers of the circuit court of the District of Resolved. That five thousand copies of the report

or warrant of attachment; and if the court of the Committee on Mines, explaining certain proColumbia.

shall deem the facts do not sustain the affidaposed amendments to Senate bill 257, together with

Mr. WOODBRIDGE. I am instructed by || vit, he shall quash the writ of attachment or a like number of copies of said bill, with proposed the Committee on the Judiciary to move to amendments, recommended by the committeo, be amend this bill by striking out the first four | judge at chambers on three days' notice. And

garnishment; and this issue may be tried by a printed for the use of the Senate.

sections, and I will state to the House the reaEXROLLED BILLS SIGYED.

the thing attached shall not be discharged son for that motion. Those sections are merely A message from the House of Representa- a reënactment of the existing law, except in

from the custody of the officer seizing it until

the defendant shall deliver, either to the otiitives, by Mr. McPherson, its Clerk, announced one particular; that is, providing that appeals that the Speaker of the House had signed an

cer or to the clerk, to be filed in the cause, from justices shall be heard by the court in

his undertaking, with sufficient surety or sureenrolled bill (S. No. 237) granting a pension | banc. The inserting that provision was man

ties, to satisfy and pay the final judgment of to Mrs. Martha Stevens; and it was thereupon || ifestly an error on the part of the Senate.

the court against him; and in case the designed by the President pro tempore of the The amendment was to strike out the fol

fendant be found liable to the plaintiff's claim, Senate. lowing:

in whole or in part, the final judgment shalí LUMBERING ON THE ST. CROIX RIVER.

That the justices of said court shall hold a commonMr. MORRILL: I ask the Senate to take law court, an equity court, an admiralty and mari

be that the plaintiff recover against the detime court, and a criminal court for said District. fendant and his surety or sureties; and if the

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proper bill.

defendant fail to execute such undertaking the For the purchase of fuel for warming mess hall, on Freedmen's Affairs (H. R. No. 613) to concourt may sell the thing attached whenever it shoemaker's and tailor shops, $2,000.

tinne in force and to amend an act entitled is satisfied that it is the interest of the parties

For muterials for quarters for subaltern officers, $3,000.

- An act to establish a Bureau for the Relief that it should be sold before final judgment. The Committee on Appropriations recom

of Freedmen and Refugees,' and for other The next section provides that from and mend non-concurrence.

purposes. after the passage of this act the annual salaries

The amendment was non-concurred in.

Mr. ELIOT. I rise for the purpose of calling of the chief justice and associate justices of

Fourth amendment:

the previous question on the pending amendthe supreme court of the District of Columbia,

ments and the bill. I suppose the House is instead of the amount now fixed by law, shall

Strike out on page 2, after the word "dollars," in line twenty-seven, the following:

prepared to act upon them, and I ask the prebe as follows: for the chief justice $1,500, Provided, That no part of the sums appropriated

vious question. and for each of the associate justices $4,000. by the provisions of this act shall be expended in The previous question was seconded. Mr. WOODBRIDGE. I will simply state, violation of the provisions of an act entitled "An act

Mr. NIBLACK demanded tellers on orderto prescribe an oath of office and for other purposes,' for the benefit of the House, that the Commitapproved July 2, 1862.

ing the main question. tee on the Judiciary have given this bill a very The Committee on Appropriations recom

Tellers were ordered ; and Messrs. NiBLACK careful consideration and recommend its pas. mend concurrence in the amendment.

and Eliot were appointed. sage as amended, believing it to be a just and

The question was taken, and the amendment

The House divided, and the tellers reported Unless there are some special was non-concurred in.

-ayes sixty-six, noes not counted. objections to it which members desire to state,

Fifth amendment:

So the main question was ordered. I do not propose to discuss it, but will call the

Mr. CHANLER. Is it in order to move to Add the following new section: previous question.

SEC. 3. And be it further enacted, That no person

lay the bill upon the table? The previous question was seconded and the who has served in any capacity in the inilitary or

The SPEAKER. It is in order. main question ordered; and under the opera- naval service of the so-called confederate States Mr. CHANLER. Then I make that motion, tion thereof the bill was read the third time during the late rebellion shall hereafter receive an

and demand the yeas and nays upon it. appointment as cadet at the Military or Naval and passed. Academy,

The yeas and nays were ordered. Mr. WOODBRIDGE moved to reconsider The Committee on Appropriations recom- The question was taken; and it was decided the vote by which the bill was passed ; and mended non-concurrence.

in the negative-yeas 23, nays 93, not voting also moved that the motion to reconsider be The amendment was non

on-concurred in. 67; as follows: laid on the table. The latter motion was agreed to. Mr. STEVENS. I move that the House

YEAS-Messrs. Ancona, Bergen, Chanler, Dav

son, Eidridge, Glossbrenner, Goodycar, Aaron Hardrequest a committee of conference on the dis

ing, Edwin N. Hubbell, Jaines M. Jumphrey, KuyANNA E. WARD

agreeing votes of the two Houses on the kendall, Le Blond, McCullough, Niblack, Nicholson, Mr. TAYLOR, by unanimous consent, from amendments of the Senate to the bill.

Radford. Samuel J. Randall, Ritter, Ross, Sitgroaves,

Strouse. Taylor, and Trimble-23. the Committee on Invalid Pensions, reported The on was agreed to.

NAYS-Messrs. Allison, Ames, Anderson, Delos R. back House bill No. 459, granting a pension

Ashley, James M. Ashley, Barker, Baldwin, Barker,

FORTIFICATION BILL. to Anna E. Ward, with the amendment of the

Baxter, Beanan, Bidirell. Blaine, Bromwell, BuckSenate, in which the committee recommend

Mr. STEVENS, from the Committee on Ap

land, Render W. Clarke, Sidney Clarke, Cobb, Cook,

Cullom, Darling, Davis, Dawes, Defrees, Deming, a non-concurrence. propriations, reported back bill of the House

Dixon, Dodge, Donnelly, Dumont, Eckley, Eggleston, The amendment of the Senate was read, as

No. 255, making appropriations for the con- Eliot, Farquhar, Ferry, Garfield, Hale, Abner C. follows: struction, preservation, and repair of certain Harding, Hart, Henderson, Higby, Holmes, Llooper,

Chester D). Hubbard, Demas Hubbard, John H. HubInsert after the word "month” the words “

fortifications and other works of defense for to com

bard, James R. Hubbell, James Humphrey, Ingermence from and after the passage of this act, and to the year ending June 30, 1867, with the amend- soll, Julian, Kelley, Ketcham, Latham, William continue. ment of the Senate thereto, with the recom

Lawrence, Loan, Longyear, Lynch, Marston, McThe amendment was non-concurred in.

Clurg, McKce, McRuer, Mercur. Moorhead. Morrill, mendation that the amendment of the Senate

Morris, Myers, O'Neill, Orth, Paine, Perham, Pike, ADVERSE REPORTS. be non-concurred in.

Plants, Price, Raymond, John II. Rico, Rollins, - Mr. WASHBURN, of . Massachusetts, by

The amendment of the Senate was read, as

Sawyer, Schenck, Scofield, Shellabarger, Sloan, follows: unanimous consent, from the Committee of

Spalding. Starr, Stevens, Thayer, Trowbridge, Up

son, Burt Van Horn, Ward, Henry D. Washburn, Claims, made adverse reports on the petitions

Page 1, after line seventeen, insert as follows: William B. Washburn, Williams, James F. Wilson,
For Fort Popham, Kennebec river, Maine, $50,000.

Stephen F. Wilson, and Woodbridge--93. of Thomas S. Pinger, Thomas Hunt, and John

NOT VOTING-Messrs. Alley, Banks, Benjamin, H. Schowler; which were laid on the table,

The amendment was non-concurred in.

Bingham, Blow, Boutwell, Boyer, Brandegee, Broomand ordered to be printed.

Mr. STEVENS. I move that the House all, Bundy, Coffroth, Conkling, Culver. Delano, Den

ison, Driggs, Farnsworth, Finck, Grider, Grinnell, request a committee of conference on the disMRS. MARTIIA STEVENS.

Griswold, Harris, Hayes, Hill, Hogan, Ilotchkiss, Mr. STILWELL.

agreeing votes of the two Houses on the annend. Asahel W. Hubbard, Hulburd, Jenckes, Johnson, I am directed by the ment to the bill.

Joncs, Kasson, Kelso, Kerr, Laflin, George V. LawCommittee on Invalid Pensions to report back

The motion was agreed to.

rence, Marshall, Marvin, McIndoe, Miller, Moulton, Senate bill No. 237, granting a pension to

Newell, Noell, Patterson, Phelps, Pomeroy, William

II. Randall, Alexander H. Rice, Rogers. Rousseau, Mrs. Martha Stevens, with an amendment.


Shanklin, Smith, Stilwell, Taber, Francis Thomas, The amendment is to strike out "twenty dol- Mr. STEVENS, by unanimous consent, sub- John L. Thomas, Thornton, Van Aernam, Robert lars" and insert “ seventeen dollars," being | mitted the following resolution; which was

T. Van IIorn, Warner, Elihu B. Washburne, Wel

ker, Wenty th, Whaley, Windon, Winfield, and the amount allowed for a first lieutenant. read, considered, and agreed to:

Wright-67. The amendinent was agreed to.

Resolved, That the Committee of Claims be in- So the motion to lay on the table was not The bill, as amended, was then read the third structed to inquire whether anything, and if so, how time and passed. much, is due to Gales & Seaton for books said to bo

agreed to. contracted for, and report by bill or otherwise.

The SPEAKER. The first amendment is Mr. STILWELL moved to reconsider the vote by which the bill was passed; and also

AMENDMENT OF NATIONAL BANK ACT. one offered by the gentleman from New York, moved that the motion to reconsider be laid On motion of Mr. DEFREES, by unanimous | [Mr. Davis,] to add a clause at the end of the

second section and to strike out all the reon the table.

consent, the Committee on Banking and CurThe latter motion was agreed to.

rency was discharged from the further considera | maining sections of the bill; but the other tion of the resolution of the House of the 25th

amendments, being to perfect the parts sought MILITARY ACADEMY APPROPRIATIONS. Mr. STEVENS, by unanimous consent, reof January last in regard to an amendment of

to be stricken cut, will be voted upon first.

The first in order is the amendment of the genthe national bank act, and the same was laid ported back from the Committee on Appropri- || upon the table.

tleman from Pennsylvania, (Mr. SCOFIELD. ] ations House bill No. 37, making appropria

The amendment of Mr. ScoFIELD was read,

HIRAN PAULDING. tions for the support of the Military Academy

as follows: for the year ending 30th June, 1867, with the

Mr. DODGE, from the Committee on For

Strike out all after the word “them" in section amendments of the Senate to the same. eign Affairs, reported back bill of the House seven, linc nine, as follows: "and shall provido sites First amendment: No. 457, for the relief of Hiram Paulding,

and buildings for purposes of education whenevor

such associations shall, without cost to the GovernStrike out "one" and insert "two" in line fifteen, rear admiral United States Navy; which was

ment, provido suitable teachers and means of instrucpage 1, so that it will read:

referred to a Committee of the Whole House, tion, and he shall furnish such protection as may bo For increase and expense of library, $2,000. The Committee on Appropriations recomand, with the accompanying report, ordered to

required for the safe conduct of such schools. And be printed.

said property shall be and remain the property of the mend concurrence.

United States until sales thercof shall be authorized WILLIAM G. LEE.

by law;" and insert in lieu of the words stricken out The amendinent was concurred in.

the words and afford them all proper protection;" Second amendment:

Mr. McKEE, by unanimous consent, reported so that the section will read as follows:

from the Committee of Claims a bill for the Whereas we recognize the necessity and duty restStrike out on page 2, line twelve, the words "fif

ing upon the Government, and resi ing from the teen hundred" and insert "ten thousand;" so that relief of William G. Lee; which was read a

condition of freedom, of aiding freedmen to receive it will read:

first and second time, recommitted to the com- that needful education which oppressive prejudices, For repairs of officers' quarters, $10,000. mittee, and ordered to be printed.

laws, and customs denied them when held in slavery: The Committee on Appropriations recom- Mr. ROLLINS. I demand the regular order

Thereforo, mend non-concurrence.

Be it further enacted, That the Commissioner of of business.

this bureau shall at all times cooperate with priThe amendment was non-concurred in.


vate benevolent associations of citizens in aid of Third amendment:

freedmen, and with agents and teachers, duly ac

The SPEAKER. The morning hour having credited and appointed by them, and afford them all Insert on page 2, after line seven, the following: For roflooring Academy buildings and barracks,

commenced, the House resumes the considera- proper protection. $6,000.

tion of the bill reported from the Committee Mr. SCOFIELD. I propose to modify my

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