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death, but would suffocate the West, would just block up the product of the Northwest where it is raised, and would leave the East, where it is consumed, without it, and I think that would be a little more injurious than the corruption which would follow from assuming the simple jurisdiction that is asked for here, which is no more in the world than just to say, by the authority of the nation in the interests of commerce, that these bars put up by the State of New Jersey over one of its highways shall be let down. That is all. It is not to build any railway nor to add any new privileges nor make any new corporation.
Mr. COWAN. There is power to correct the evil of which the honorable Senator complains, to a great extent, but this bill does not correct it. This bill does not prevent the States from levying taxes upon the trade and travel of other States. It steps aside, away from the mischief, and undertakes simply to say to all roads, "Your power shall be enlarged so as to enable you to do things which you are not authorized to do by the terms of your original creation." It does not forbid the State of New Jersey from levying taxes to go into her State treasury through the medium of the Camden and Amboy railroad. It does not prevent the State of Pennsylvania from requiring a foreign corporation to pay so much annually for leave to go through the State. It does not forbid the Baltimore and Ohio railroad from levying a tax upon its passengers to go into the coffers of Maryland. It leaves the mischief untouched; but it attempts, in violation, I think, of all State authority and all State right, and without any reason, to enlarge the charter of the Delaware and Raritan Bay Railroad Company through New Jersey, because that is the point of it; and it is upon that charter that it is to operate.
I live to Pittsburg, a distance of about thirty miles, or nearly so. When we take all these things into the account, I think there is no reason that we should complain, either of the monopoly of railroad companies or of the exclusive claim on the part of the States to control the corporations within their limits. All that could have been asked of a State in the first place was to say to the people, "You may travel over the State and you shall travel over the State free from any burden whatever, except perhaps for police or sanitary purposes, but we will impose no burden on you which will put taxes in the State treasury." That was the most that anybody could ask, not that the General Government should enter a State and should parcel out franchises which belong to it as a part of its reserved rights and give them to corporations after the fashion contemplated by this bill.
But, Mr. President, there is another thing to be taken into the account. Who has suffered from this "monoply" in New Jersey, pray? Nobody. The people of the world never before traveled as comfortably, as rapidly, and with the same certainty as they do now across New Jersey upon the Camden and Amboy road. It is a good road, and flourishing, and ought to be, and New Jersey ought to be proud of it. She has fostered it and given it privileges which she has refused to other companies, and it is owing to that very fact, perhaps, that she has it to-day. Now, other companies want to enjoy the fruits of its prosperity and success; and because New Jersey refuses to allow them to do so, in violation of her own compact with her own company, her own creation, we are appealed to to do it. It is not to remove the actual mischief, the mischief which exists as against the Constitution, and which has not been felt, and as against which I believe nobody has as yet sought relief, but it is to confer special power not granted by New Jersey upon one of her own corporations.
With regard to Pennsylvania, who has found difficulty in coming across the Alleghanies by the Pennsylvania Central road? There is hardly upon this continent or upon any other such a road as that; a road upon which a man can travel with the same speed, the same certainty, and at less cost. What might be if there were more of them, and what might be if they were upon more direct lines, is another thing. But, Mr. President, it requires an enormous amount of capital to build a railroad through the mountains, much more than it does over the almost level plains of Ohio. Pennsylvania does not feel herself warranted in creating companies with a large amount of capital to embark in enterprises until she is satisfied herself that they will pay; and the moment that is done, new avenues will be opened; but certainly no one can complain now of the want of avenues to pass through Pennsylvania in any direction almost. As I said before, they may not be direct; I may not be able to get home as directly as I could by an air line; but I know very well that I get home in the same time now that it would formerly take me to go from where |
Mr. President, I have had no apprehensions that this measure could pass, and have therefore sat silently by during the debate; but I beg leave to say, that if this measure is to pass the Senate, it is, even among the important measures which come before this body, the most important by far which has claimed our attention during this session, and will be fraught in the future with results that no man can calculate now. I hope that we shall all pause before we adventure ourselves upon an errand of this kind.
Congress to regulate commerce among the several States; and if one State intervening between two other States stops the commerce between those two other States, the Congress of the United States has the power to open it through the obstructing State. That, I think, is a plain principle; but the power of Congress in relation to internal improvements in an obstructing State so as to open commerce between two other States adjoining the obstructing State is a concurrent power with the power of the State obstructing over its own system of internal improvements. Here is the State of New Jersey. It has a system of internal improvements for itself. Those improvements may be used, and have long been used, for the purpose of facilitating trade between States, it lying between them. The question is this: has Congress the right, under the power to regulate commerce, to enter into the State of New Jersey and seize upon all the system of internal improvements which that State has constructed for the purpose of facilitating trade and intercourse, and to regulate the system itself? I say Congress has no such power as that; but at the same time neither the State of Pennsylvania, nor the State of New Jersey, nor any other State has the power to obstruct commerce among other States, those States lying
between those other States.
Mr. SUMNER. I agree with the Senator from Pennsylvania that the measure before us is an important measure. Whether it is so transcendently important as he depicts I do not venture to say. But, sir, I believe it is a beneficent measure, and it is important from its very beneficence. The bill as originally presented was complete and simple. I think that met the idea which has been so ably presented by the Senator from Ohio. Were the bill adopted in that form it would be truly beneficent. It would prevent any State from becoming a turnpike gate to the internal commerce of the country. No State, I insist, has a right to take toll on the internal commerce of this great Republic, and it belongs to the United States, under the Constitution, to regulate that internal commerce. It was in the exercise of that power, under the Constitution, and also of other powers, as, for instance, the power to regulate the post office, and also the military power, that this bill was conceived. I say, sir, in every respect it is a beneficent measure. It has been to-day ably and conclusively vindicated by the Senator from Ohio. On other occasions I have at length considered it. I feel now that there is no occasion for any further elaborate discussion. I regret, sir, with the Senator from Ohio, that the amendment of the Senator from New Hampshire has been fastened upon it. I wish it were in our power now to get that amendment off and restore the bill to its original force and virtue. But even with that amendment, allow me to say, the bill is better than nothing. It does something. It goes forth and does battle with that monopoly in at least one State of the Union which was in view when the bill was first presented. It is also a precedent for the future action of Congress, and it will open the way to all that the Senator from Ohio so earnestly desires. I shall be glad hereafter to act with him in carrying out the original purposes of this bill, so that no State shall be able to set itself up in the way of the internal commerce of the country. But considering that the amendment has already been made, that it has been attached to the bill, that we have now passed the stage when it would be advisable to open the discussion of that amendment again, I hope that the Senate will proceed to the final passage of the bill. I have said that though shorn of much of its virtue it is better than nothing; it will do much good. It is even in its present form essentially a beneficent measure. Therefore I hope that it will be adopted. Mr. DAVIS. Mr. President, it is the right of every State to construct its own system of internal improvements. It is also the duty of
What, then, is the extent of the legitimate power to regulate commerce as between those other States and the State of New Jersey or Pennsylvania intervening between the other States? It is simply this: if such obstructions be interposed Congress has the power to open up its own system of internal improvements for the purpose of carrying on trade among the several States. Suppose New Jersey by her legislation was to adopt a system of laws that would interdict the States west and east of her from the use of her system of internal improvements for the purpose of commerce among the several States. She might, and I think would, have the power to do so; but that, at the same time, would not leave the difficulty without a remedy. Congress, under its power to regulate commerce among the several States, would have the right to go into the State of New Jersey, or the State of Pennsylvania, or any other State, and construct works of internal improvement necessary to facilitate and to continue the commerce among the different States of the United States.
I think that gentlemen confound the matter. Here is a separate concurrent power on the part of the State of New Jersey and on the part of Congress. New Jersey has the right and the power to establish her own system of internal improvements. She has the right to construct her canals and her railroads. Those canals and railroads may be useful, and may facilitate the commerce between the West and the States east of New Jersey; but because they may be appropriate to such purposes that does not vest Congress with the power, nor has Congress the authority under the power to regulate commerce among the several States, to enter into the State of New Jersey and take possession of and regulate, according to the will and the legislation of Congress, the whole system of internal improvements of the State of New Jersey.
If New Jersey will persist in throwing unreasonable obstructions in the way of the trade of the States east and west of her, the appropriate and constitutional remedy which Congress may employ is to itself establish and construct works of internal improvement across the territory of New Jersey or any other State, that will not only regulate, but facilitate, promote, and stimulate trade among the different States of the United States. If the present condition of things was such that New Jersey was offering obstacles to the trade between the West and New York, so far as that trade was to pass over her territory, she may do so to the extent of imposing her own rates of toll and making her own regulations upon her canals and upon her railroads. But because she exercises her power to that extent that does not
authorize Congress to enter into her territory and take possession of those canals and those railroads and establish different tolls and different regulations upon them from what New Jersey by her own authority has established. If, however, the obstruction is so great as to require the exercise of the authority of Congress under its power to regulate commerce among the several States, the only way in which Congress can exercise that power legitimately is by establishing its own lines of communication, either in the form of railroads or canals, or some other form, by which to regulate and facilitate commerce among the several States.
But, sir, I utterly deny that the original purpose of this bill is constitutional or comes within the legitimate and constitutional power of Congress. The power vested in Congress by the Constitution to regulate commerce among the several States is not a power that will absorb the power of a single State to establish its own system of internal improvements. Such a power on the part of Congress to regulate commerce will not authorize Congress to interfere, in my construction of the Constitution, with the internal system of improvements of any particular State whatever. With this view of the power of Congress on this subject, I think the bill, with the purpose of taking possession of the works of internal improvement of that State, or of any other State, establishing rates of toll and the transfer of freight upon them, or making regulations to exclude the power of the State over its own internal system of improvements, is altogether an unauthorized power when it is claimed for Congress; and that, if Congress is desired to act upon the subject at all, to act legitimately and within the pale of the Constitution, it must act in the form of opening up new works of internal improvement, constructed under its own authority.
I recollect that this question came up thirty years ago in the politics of that day. The State of Kentucky had a large trade to the State of South Carolina. It had to pass that trade over the territory of Tennessee; and in the conflicts of politics between the North and the South, and between the West and the South, it was threatened that the roads and channels of communication for that trade over Tennessee would be closed to Kentucky and to Kentucky traders. It might have been legitimate for the State of Tennessee to close those roads and channels of trade within her own territory; but whenever the State of Tennessce had proceeded to the exercise of that power, then the power of Congress, under the clause regulating commerce among the several States, would have authorized Congress to open new roads and new channels of commerce over the territory of the State of Tennessee for the purpose of regulating trade between Kentucky and other western States and the southern States.
ish and odious condition, one that they ought to be ashamed of and ought to abandon, in my judgment; but by the very fact of authorizing these railroads and building them, they created valuable property and increased the facilities of commerce in the country. It belongs to them; it is within their own limits; and because it thus becomes an avenue of commerce, I cannot see how that gives all power over it to the Government of the United States any more than if they made a turnpike, any more than if they established a line of coaches to be used for the transfer of passengers and the carrying of packages, &c., in any way. I have been unable to come to the conclusion that we had any constitutional power to meddle with that which belongs to the State exclusively, and which it alone had a right to control. That is the simple reason upon which I shall vote against the bill.
Mr. JOHNSON. I think the honorable member, without meaning it, has disparaged the State of Maryland. The charter of her great road, which has inured so much to the benefit of the whole country, was granted at a time when the railroad system was hardly known. The charter upon the Washington road was granted soon after. It was very much opposed by those who were interested in the turnpike between the city of Baltimore and Washington. They went to the extent of supposing that the charter interfered with rights secured by what they imagined to be a contract between the State and themselves, protected by that clause of the Constitution of the United States which prohibits a State from impairing the obligation of contracts. It has never been denied, as far as my impression extends, that the States having authority to grant charters may exact a bonus. I suppose in Maine charters of that description have been granted upon the condition that the company would pay to the State something in the way of a bonus.
Mr. FESSENDEN. Never, under any circumstances.
Mr. JOHNSON. It has been done in nearly all the States.
The amendments were ordered to be cngrossed, and the bill to be read the third time. It was read the third time.
Mr. SAULSBURY. Believing that it is not in the power of Congress to enact it, I ask for the yeas and nays on the passage of the bill. The yeas and nays were ordered.
Mr. FESSENDEN. I propose to vote against this bill, and I wish to state a simple reason why I shall do so. I concur generally, and almost particularly, with the remarks made by the honorable Senator from Kentucky. I cannot see any reason why, if a State undertakes an enterprise which of itself facilitates commerce and adds a new avenue for it, creates that which did not before exist, and imposes certain conditions, which conditions in themselves may be somewhat burdensome, it having thus created a new auenue, that very fact, when it becomes an avenue of commerce, places the whole thing under the control of the Government of the United States, to regulate, restrict, or destroy it in any way that it sees fit; because the power goes to the whole extent if it applies at all. The State of New Jersey and the State of Maryland, with reference to these charters, have put in a very self
Mr. FESSENDEN. Not in the New England States. We do not levy a tax on people living out of the State.
to some six or seven or ten dollars; but it turned out to be a very unfortunate investment to the original stockholders. Every man of them who was not able to bear the loss, and who had any number of shares, lost almost everything he was worth, and it has not been until a comparatively recent period that the work has been a prosperous one. During the whole administration which preceded the exist ing administration of the road the stock was very low, and no dividends were declared. The State now is receiving, as a stockholder, her share of the dividends upon the amount of stock she holds; I think it is about half a mil lion of dollars-I am not sure that I am right as to the amount-and she receives upon the passenger travel on the road from here to Baltimore one fifth of the amount which she authorized the company to charge. But she might have authorized the company to charge the entire sum which they now charge without exacting anything, and that would not have operated more prejudicially to the people of the other States than the provision by which she secures to herself a portion of those charges.
I concur with the honorable member from Maine in thinking that, looking to the relative condition in which the States stand toward each other, and, more especially, looking to the relation in which we individually stand to each other as citizens of a common country, so far from throwing in the way any impediment to intercourse, the best thing the States can do, if they are able to maintain themselves and at the same time do it, is to open all the avenues at once; but if they cannot do that, without securing some compensation for themselves, then it would seem to be better that we should have even that mode of intercourse than have no mode of intercourse.
Mr. JOHNSON. I am about to speak of that. Instead of exacting a sum in gross to be paid by these companies to the State as a compensation for the franchise, Maryland has provided that a certain proportion of the fare upon the passengers should inure to the benefit of the State; I think it is one fifth. They might, if they had thought proper, have exacted a sum in gross, which would have been equivalent, if the company had been able to pay it, to an annuity such as they receive by the tax of one fifth of the fares. But the company at that time had no means whatever to meet such a bonus; and it is to be recollected, too, that the State at that period was very much involved. Her credit had been very much impaired about that time, and it was incumbent on her to provide all the means that she could to meet her embarrassments and to place her credit in the condition in which it has almost ever since been. She resorted to a stamp act, being, I believe, the first if not the only State in the Union that has resorted to that tax, with a view to meet her engagements, and it answered the purpose.
Now, as she might have authorized-nobody, I suppose, will doubt that-the company to charge any amount of toll that they might think proper to charge, why is it that she has not a right, without subjecting herself to the supposition of interfering unnecessarily with the rights of the citizens of other States, to provide that she should, out of the tolls, be entitled to a certain percentage of those tolls in the way of compensation for the franchise? The franchise, it was supposed at the time these charters were granted, would be very valuable. I think the charter to the Baltimore and Ohio railroad was granted in 1836. The provision was that two dollars should be paid up on each share on subscribing, running it up
I merely rose because I was apprehensive that what fell from the honorable member from Maine might be considered as justifying the inference that Maryland had done something that she ought to be ashamed of; and I think the honorable member used the word "ashamed." She is not in the habit of being ashamed of anything she has done. Her people may do wrong, and they may, in this instance, have acted, perhaps, erroneously; but that I doubt. I do not think she did, in the beginning; but, acting from a conviction that what she did she had a right to do, and, perhaps, continuing in that impression up to the present time, even the authority of my friend from Maine will not be sufficient to make her ashamed of the condition in which she stands now in relation to her sister States, and of the relative condition in which her citizens stand to all the citizens of the country, and, among others, to the citi zens of the State of Maine. I think the citizens of that State, perhaps, do not pay a greater rate in traveling over the route from here to Baltimore than they pay at home. I do not know what is the limitation upon their charges. They have a limitation, of course. The charge here is three or four cents a mile, I believe-I forget the exact amount.
Mr. SHERMAN. About four cents; the fare to Baltimore is $1 50.
Mr. JOHNSON. It used to be $2 50. Mr. FESSENDEN. That is a larger proportion than is charged in New England.
Mr. JOHNSON. But the honorable member forgets that Maryland was a slave State. Mr. FESSENDEŇ. I do not forget that. Mr. JOHNSON. He would seem to forget it, practically. If Maryland had been, as Maine has been from the first, a free State, she would have had a population now as numerous and as enterprising as is the population of the State of Maine.
Mr. FESSENDEN. How many Representatives have you?
Mr. JOHNSON. We have five now, counting three fifths of the negroes.
Mr. FESSENDEN. That is all we have. Mr. JOHNSON. I know that; but you have not our negroes. The honorable member says that is all they have; but we ought to have more. He is in a very inhospitable part
of the country. As far as climate is concerned, and as far as the wealth of the soil is concerned, I do not think his State altogether equal to the State of Maryland, to say nothing of our fine oysters and soft crabs, and last, but by no means least, terrapins and canvas-back ducks. [Laughter.] I think the honorable member from Maine, with all his attachment to his native State, just at this season of the year particularly, would like to spend two or three weeks in a portion of Maryland where he could get delicacies which are not to be found in the State of Maine. [Laughter.]
passengers between the city of Baltimore and
Mr. GRIMES. She does not tax the prop-
Mr. CRESWELL. She does not tax the property of the railroad company in any way except by the imposition of this one fifth of the fare between Baltimore and Washington. Not only that, but the State of Maryland has shown a disposition to abandon even that as rapidly as her financial interests will permit. She has pocketed, passed to profit and loss, the loss upon her internal improvements, of $27,000,000, and has already granted a charter to a road in competition with this very line of road, from Washington city to the Point of Rocks, upon which she has reserved no such tribute. All the travel of the western States, when this new line of road is constructed, which is now under construction, will pass from Washington to the western States without any such reservation of any portion of the fare.
Mr. GRIMES. They have cod-fish there. Mr. JOHNSON. Cod-fish! That is enough to kill any stomach, and I do not think my friend deals much in that line. [Laughter.] They have everything that is wholesome-that is manifested in the appearance of her sons; and everything that makes gallant men-that has been exhibited in this war both upon the sea and upon the land; but give us fair play—and now we have it-and my friend from Maine will soon see, no matter what may be the rate of apportionment, that the Representatives of Maryland will outnumber the Representatives of the State of Maine.
Mr. FESSENDEN. Then that shows that the State of Maryland is ashamed of it.
Mr. CRESWELL. Not at all. It only shows that the State of Maryland is willing to do even more than she has heretofore been able to do, with a view to promote travel and commerce between the States. She is not ashamed of it. She has a perfect right in lieu of all taxation to exact some such compensation as this.
Mr. FESSENDEN. I only wish to say to
Mr. CRESWELL. The contribution is levied
of the State.
Mr. CRESWELL. I should like to ask the Senator from Maine whether in granting these acts of incorporation in the State of Maine, the State reserves the right to tax the companies and their business.
Mr. FESSENDEN. No, sir; we tax nothing but the shares. We tax railroad stock like any other property, and we tax the real estate held by the railroad company; that is to say, the buildings, &c., according to my recollection; but we do not tax the charter; we do not charge anything for the charter; we do not ask any bonus, or anything of the kind. We are glad enough to get men to build railroads there if anybody will undertake them. They are not very profitable. We tax the property of railroads precisely as we do any other property. For instance, if a railroad owns real estate it is taxed like any other real estate. If individuals own stock in a railroad company it is taxed like the stock of any other company, according to its value. I do not know of any other taxes imposed upon them.
Mr. CRESWELL. I supposed that was the case. I desire to add to what my colleague has said with reference to the disposition manifested by Maryland, that she has done a little more than merely grant privileges to persons who were willing to construct these roads. The State of Maryland herself has invested nearly thirty-six milion dollars in the construction of these works of public improvement, and of that sum she has lost absolutely over twenty-seven million dollars. She has imposed no restrictions in the way of taxation upon the great line of the Baltimore and Ohio railroad, which has now invested within her limits some twenty million dollars, save the imposition of one fifth of the receipts from
which the bill is founded will meet with difficulty the moment the bill comes before the courts. As a general principle, I do not think it is within the power of the Government of the United States to confer upon any corporation, the mere creature of a State, any power not granted by the act of incorporation. The very moment the United States undertakes to extend power to any corporation created by a State that is inconsistent with the act of incorporation, the act itself becomes void. It is a well-known principle of municipal law that no corporation can exercise a power not conferred upon it by its creator. It is simply a creature of law, and any attempt by a power outside of the State which created the corporation to confer upon it additional powers will only defeat itself. No corporation can exercise any power that is not conferred upon it by the State which creates it or by the power that creates it. That is a principle of law that I believe any corporation now existing attempting to exercise or do anything under this law that they cannot do under their charter will meet at the very outset. Still, as Senators think that it may have some good effect, I shall vote for the bill.
Now, sir, I have only to add that if gentlemen understood what efforts the State of Maryland has made to maintain herself in the different contracts she has voluntarily made for the purpose of constructing these works of internal improvement, I do not think we should ever hear these expressions of "ashamed," &c., bandied about the Senate. No State in the Union has voluntarily submitted to greater burdens than has the State of Maryland. For twenty years and more, ever since these great works of internal improvement were started in the State, our people have literally groaned under a weight of taxation which to them has been almost insupportable. The question of repudiation was raised there once, but our people scorned it, and we submitted to taxation in every shape. In 1845 a committee was appointed of the ablest financiers of the State, who grasped at every means of raising money by taxation upon our people, and we have submitted to it. We have fortunately been able, by submitting to these extraordinary charges and burdens, to extricate ourselves from our troubles, and the State of Maryland does not owe one dollar to-day for any public work to which she does not respond regularly in the payment of the interest. I only say this in justice to my State.
Mr. SHERMAN. The friends of this bill still think that the provisions in it will be useful for the purpose declared in the preamble of the bill, and I therefore, in pursuance of my declarations, will vote for it; but I must confess that in my opinion the principle upon
I desire also to say a word on account of an expression I dropped the other day in the Senate in regard to the State of Maryland. I am satisfied that the Baltimore and Ohio road is not subject to the criticism I made here the other day, that it attempted to use its power to prevent communication between Washington and the West, because since I made that statement I have had information furnished me on the subject, and am entirely satisfied that the Baltimore and Ohio road are now doing all they can, in connection with an existing corporation in the State of Pennsylvania, to open up new channels of communication from Pittsburg to the Baltimore and Ohio railroad. If the State of Maryland will go one step further and authorize the construction of a railroad from Washington directly toward New York, and also authorize the construction of a railroad from Harper's Ferry, or from Martinsburg, across the State of Maryland in that region of country, I think it will do all that any State could reasonably demand of it.
Mr. CRESWELL. To what point does the gentleman desire a road?
Mr. SHERMAN. From here to the Point
Mr. CRESWELL. That has been already authorized.
Mr. SHERMAN. I said that I wished to withdraw a remark that I made in reference to the Baltimore and Ohio railroad.
Mr. CRESWELL. And now the gentleman speaks of a road from Martinsburg to some other point.
Mr. SHERMAN. The Senator was not listening to what I said when I rose, and therefore I will repeat that I withdraw a remark I made in reference to the Baltimore and Ohio road the other day, and I believe that road is endeavoring to facilitate communication to the points I desire most to accomplish; that is, to make a line of road from its road to Pittsburg. If the State of Maryland will go one step further and authorize the construction railroad, so far as it can, across the State of Maryland, from this point toward Philadelphia, and open up a new line of communication in competition with one of her existing lines, I think she will have done all that any of the States could demand of her.
The State of Pennsylvania, a great, powerful, and wealthy community, has stood more in the way of the railroad system than probably any other State, with perhaps the exception of New Jersey. We in the West are not af fected so much by what is called the New Jersey monopoly as we are by the policy of the State of Pennsylvania. Those who travel from here to the New England States, passing through New Jersey, are constantly affected by it and constantly complain of a single road in New Jersey which has a monopoly of all the railroad travel. The complaint that has been
made with us has been that the State of Pennsylvania has concentrated in a single corporation all the powers conferred by their law upon any railroad. The Senator from Pennsylvania says that Pennsylvania is a very prudent State and will not charter new companies until they are shown to be profitable. I can only say that if the State of Pennsylvania will allow other communities and other people to build railroads in that State where they think they will be profitable, they taking all the risk, there will be no further complaint made of that State. But until then, as long as she confers upon one corporation all the powers she grants to any railroad, there will be continual complaints; and when she endeavors to compress into one single channel of communication all the vast commerce of the West there will be continual complaint.
Mr. COWAN. I do not wish to make any extended remarks in reply to the honorable Senator in his strictures upon Pennsylvania; but I expect, toward the latter part of the week, or perhaps the beginning of next week, when the affairs of Sir Morton Peto & Co. are wound the honorable gentleman will be up, better informed; and I have no doubt he will take it all back, as he has done in the case of Maryland.
Mr. SHERMAN. In reply to the allusion to Sir Morton Peto, I will say that there was another remarkable case where one of its own corporations and other persons connected with an important railroad, the Atlantic and Great Western railroad, were prevented by the State of Pennsylvania from expending perhaps twenty million dollars in that State in the construction of a new line of railroad. The companies had actually been organized for the purpose of constructing a new line of communication along the northern border of the State of Pennsylvania, in which several of the existing corporations of Pennsylvania were largely interested, and the State of Pennsylvania refused to allow the necessary corporate franchises and privileges to construct that road, and through the agency of their courts they defeated the efforts of existing corporations to do it. I am happy to say in regard to Sir Morton Peto, who is a gentleman certainly of very remarkable enterprise and ability, that he has already recovered from his troubles; and I hope that yet, if the State of Pennsylvania will not stand in the way, he will aid the people of this country in constructing a new line of communication connecting the Atlantic and Great Western railroad with the city of New York.
up for consideration Senate bill No. 208. It is a short bill, and will take but a moment.
Resolved, That five thousand copies of the report of the Committee on Mines, explaining certain proposed amendments to Senate bill 257, together with a like number of copies of said bill, with proposed amendments, recommended by the committee, be printed for the use of the Senate.
ENROLLED BILLS SIGNED.
A message from the House of Representa tives, by Mr. MCPHERSON, its Clerk, announced that the Speaker of the House had signed an enrolled bill (S. No. 237) granting a pension to Mrs. Martha Stevens; and it was thereupon signed by the President pro tempore of the Senate.
The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 208) to protect American citizens engaged in lumbering on the St. Croix river, in the State of Maine. It provides that the produce of the forests of the State of Maine upon the St. Croix river and its tributaries, owned by American citizens, and sawed in the Province of New Bruuswick by American citizens, (the same being unmanufactured in whole or in part,) shall be admitted into the ports of the United States free of duty, under such regulations as the Secretary of the Treasury shall from time to time prescribe.
SEC. 2. And be it further enacted, That said justices shall hold sessions in banc at such times as they shall designate in their minutes; and at said sessions they shall have power, and it shall be their duty to allot said courts among themselves as they see fit, by orders to be entered of record in their minutes, but so as to assign each of said courts to be held by one justice; to make all appointments assigned to said court by law; to remove officers appointed by it in such manner as may be prescribed by law; to hear and decide all questions of law which may be reserved at the trial of any cause in either of said courts; to hear and decide all such issues of law, demurrers to evidence, questions of law arising on special verdict, or special or agreed case, motions in arrest of judg ment, motions for a new trial, or other motions as may be adjourned to the court in bane, by an order on the minutes of the court in which such matter arises; to hear and decide all appeals from the final decisions of either of said courts; to hear and decide all appeals from the orphans' court and from justices of the peace; to fix the times of holding the stated and special sessions or terms of said courts, and cause said times to be entered upon their minutes; to cause jurors to be summoned to serve in the said common-law and criminal courts, whenever
Mr. MORRILL. I move to amend the bill in section one, line seven, by inserting after the words "the same being unmanufactured in whole or in part" the words "and having paid surors are required by the exigency of the business
the same taxes as other American lumber on that river."
therein; to make all such rules of procedure as they may deem best adapted to a fair and speedy administration of justice in any of said courts, and alter and amend the same at pleasure.
SEC. 3. And be it further enacted, That in the common-law court there shall be monthly sittings for the trial of issues of law, and for taking judgments by default, and all other matters not involving or requiring a trial by jury, which sittings shall commence on the first Tuesday of every month, except during the stated terms or the recesses of the court. And for the trial of issues of fact there shall be at least three terms every year, at times fixed by the justices at their sessions in banc to be entered in their minutes.
LUMBERING ON THE ST. CROIX RIVER. Mr. MORRILL I ask the Senate to take
The amendment was agreed to.
The bill was reported to the Senate as amended, and the amendment was concurred in. The bill was ordered to be engrossed for a third reading, was read the third time and passed.
Mr. MORRILL. I move that the Senate proceed to the consideration of executive busi
The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.
HOUSE OF REPRESENTATIVES.
The House met at twelve o'clock m. Prayer by the Chaplain, Rev. C. B. BOYNTON.
PENSION BILLS REFERRED.
The following bills were taken up from the Speaker's table, read a first and second time, and referred to the Committee on Invalid Pensions:
The Clerk read the remainder of the bill. The first section provides that writs of attachment and garnishments shall be issued by the clerk of the supreme court of the District, without any authority or warrant from any judge or justice, whenever the plaintiff, his agent or attorney, shall file in the clerk's office, whether at the commencement or during the pendency of the suit, an affidavit, supported by the testimony of one or more witnesses showing the grounds upon which he bases his affidavit, and also setting forth that the plaintiff has a just right to recover against the defendant what he claims in the declaration, and also stating either, first, that the defendant is a non-resident of the District; or, second, that the defendant evades the service of ordinary process by concealing himself or by withdrawing from the District temporarily; or, third, that he has removed or is about to remove some of his property from the District so as to defeat just demands against him; and shall also file his (the plaintiff's) undertaking, with sufficient surety or sureties, to make good all costs and damages which the defendant may sustain by reason of the wrongful suing out of the attachment; provided, however, that if the defendant, his agent or attorney, shall file an affidavit traversing the said affidavit, the court shall determine whether the facts set forth in said plaintiff's affidavit are true, and that there was just ground for issuing said writ or warrant of attachment; and if the court shall deem the facts do not sustain the affida
vit, he shall quash the writ of attachment or garnishment; and this issue may be tried by a judge at chambers on three days' notice. And the thing attached shall not be discharged from the custody of the officer seizing it until the defendant shall deliver, either to the offi cer or to the clerk, to be filed in the cause, his undertaking, with sufficient surety or sureties, to satisfy and pay the final judgment of the court against him; and in case the defendant be found liable to the plaintiff's claim, in whole or in part, the final judgment shall be that the plaintiff recover against the defendant and his surety or sureties; and if the
An act (S. No. 261) for the relief of Mrs. Anna G. Gaston;
An act (S. No. 275) for the relief of Cornelius Crowley;
An act (S. No. 291) granting a pension to Mrs. Rebecca Irwin;
An act (S. No. 298) granting a pension to Jane D. Brent;
An act (S. No. 299) granting a pension to Jane E. Miles;
An act (S. No. 314) for the relief of Sarah J. Purcell;
An act (S. No. 326) granting a pension to Harriet B. Crocker;
An act (S. No. 327) granting a pension to Mrs. Katharine F. Winslow;
An act (S. No. 329) for the relief of Mrs. Margaret Kaetzel;
An act (S. No. 328) for the relief of Abigail Ryan; and
An act (S. No. 339) granting a pension to Benjamin Franklin.
SEC. 4. And be it further enacted, That the equity court and the admiralty and maritime court shall be deemed always open for filing libels, bills, petitions, answers, pleas, and other pleadings; for issuing and returning all process and commissions; for making and directing all interlocutory motions, orders, rules, and other proceedings whatever, preparatory to the hearing of all causes therein: and also for the trial and final decision of causes, in case the parties consent to such trial, or the time of preparation has elapsed, and the cause has been set, and has stood for trial ten days.
SEC. 5. And be it further enacted.
The amendment was agreed to.
CIRCUIT COURT IN DISTRICT OF COLUMBIA. The SPEAKER stated as the first business in order the consideration of the unfinished business of yesterday, being Senate bill No. 184, to define more clearly the jurisdiction and powers of the circuit court of the District of Columbia.
Mr. WOODBRIDGE. I am instructed by the Committee on the Judiciary to move to amend this bill by striking out the first four sections, and I will state to the House the reason for that motion. Those sections are merely a reenactment of the existing law, except in one particular; that is, providing that appeals from justices shall be heard by the court in banc. The inserting that provision was manifestly an error on the part of the Senate.
The amendment was to strike out the following:
That the justices of said court shall hold a commonlaw court, an equity court, an admiralty and maritime court, and a criminal court for said District.
For the purchase of fuel for warming mess hall, shoemaker's and tailor shops, $2,000.
defendant fail to execute such undertaking the court may sell the thing attached whenever it is satisfied that it is the interest of the parties that it should be sold before final judgment.
The next section provides that from and after the passage of this act the annual salaries of the chief justice and associate justices of the supreme court of the District of Columbia, instead of the amount now fixed by law, shall be as follows: for the chief justice $4,500, and for each of the associate justices $4,000.
Mr. WOODBRIDGE. I will simply state, for the benefit of the House, that the Committee on the Judiciary have given this bill a very careful consideration and recommend its passage as amended, believing it to be a just and proper bill. Unless there are some special objections to it which members desire to state, I do not propose to discuss it, but will call the previous question.
The previous question was seconded and the main question ordered; and under the operation thereof the bill was read the third time and passed.
Mr. WOODBRIDGE moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table.
The latter motion was agreed to.
ANNA E. WARD
Mr. TAYLOR, by unanimous consent, from the Committee on Invalid Pensions, reported back House bill No. 459, granting a pension to Anna E. Ward, with the amendment of the Senate, in which the committee recommend
The amendment of the Senate was read, as follows:
For materials for quarters for subaltern officers, $3,000.
The Committee on Appropriations recommend non-concurrence.
The amendment was non-concurred in.
Strike out on page 2, after the word "dollars," in line twenty-seven, the following:
Provided, That no part of the sums appropriated by the provisions of this act shall be expended in violation of the provisions of an act entitled "An act to prescribe an oath of office and for other purposes," approved July 2, 1862.
The Committee on Appropriations recommend concurrence in the amendment.
The question was taken, and the amendment was non-concurred in.
Add the following new section:
SEC. 3. And be it further enacted, That no person who has served in any capacity in the military or naval service of the so-called confederate States during the late rebellion shall hereafter receive an appointment as cadet at the Military or Naval Academy.
The Committee on Appropriations recommended non-concurrence.
The amendment was non-concurred in.
Mr. STEVENS. I move that the House request a committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill. The motion was agreed to.
Mr. STEVENS, from the Committee on Appropriations, reported back bill of the House No. 255, making appropriations for the construction, preservation, and repair of certain fortifications and other works of defense for the year ending June 30, 1867, with the amendment of the Senate thereto, with the recom mendation that the amendment of the Senate be non-concurred in.
The amendment of the Senate was read, as follows:
Page 1, after line seventeen, insert as follows: For Fort Popham, Kennebec river, Maine, $50,000. The amendment was non-concurred in. Mr. STEVENS. I move that the House request a committee of conference on the disagreeing votes of the two Houses on the amendment to the bill.
The motion was agreed to.
CLAIM OF GALES AND SEATON.
Mr. STEVENS, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:
Resolved, That the Committee of Claims be instructed to inquire whether anything, and if so, how much, is due to Gales & Seaton for books said to be contracted for, and report by bill or otherwise.
AMENDMENT OF NATIONAL BANK ACT.
On motion of Mr. DEFREES, by unanimous consent, the Committee on Banking and Currency was discharged from the further consideration of the resolution of the House of the 25th of January last in regard to an amendment of the national bank act, and the same was laid upon the table.
Mr. DODGE, from the Committee on Foreign Affairs, reported back bill of the House No. 457, for the relief of Hiram Paulding, rear admiral United States Navy; which was referred to a Committee of the Whole House, and, with the accompanying report, ordered to be printed.
WILLIAM G. LEE.
Mr. McKEE, by unanimous consent, reported from the Committee of Claims a bill for the relief of William G. Lee; which was read a first and second time, recommitted to the committee, and ordered to be printed.
Mr. ROLLINS. I demand the regular order of business.
The SPEAKER. The morning hour having commenced, the House resumes the consideration of the bill reported from the Committee
YEAS-Messrs. Ancona, Bergen, Chanler, Dawson, Eidridge, Glossbrenner, Goodyear, Aaron Harding, Edwin N. Hubbell, James M. Humphrey, Kuykendall, Le Blond, McCullough, Niblack, Nicholson, Radford, Samuel J. Randall, Ritter, Ross, Sitgreaves, Strouse. Taylor, and Trimble-23.
NAYS-Messrs. Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Barker, Baxter, Beaman, Bidwell, Blaine, Bromwell, Buckland, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cullom, Darling, Davis, Dawes, Defrees, Deming, Dixon, Dodge, Donnelly, Dumont, Eckley, Eggleston, Eliot, Farquhar, Ferry, Garfield, Hale, Abner C. Harding, Hart, Henderson, Higby, Holmes, Hooper, Chester D. Hubbard, Demas Hubbard, John H. Hubbard, James R. Hubbell, James Humphrey, Ingersoll, Julian, Kelley, Ketcham, Latham, William Lawrence, Loan, Longyear, Lynch, Marston, MeClurg, McKee, McRuer, Mercur. Moorhead. Morrill, Morris, Myers, O'Neill, Orth, Paine, Perham, Pike, Plants, Price, Raymond, John H. Rice, Rollins, Sawyer, Schenek, Scofield, Shellabarger, Sloan, Spalding, Starr, Stevens, Thayer, Trowbridge, Upson, Burt Van Horn, Ward, Henry D. Washburn, William B. Washburn, Williams, James F. Wilson, Stephen F. Wilson, and Woodbridge-93.
NOT VOTING-Messrs. Alley, Banks, Benjamin, Bingham, Blow, Boutwell, Boyer, Brandegee, Broomall, Bundy, Coffroth, Conkling, Culver, Delano, Denison, Driggs, Farnsworth, Finck, Grider, Grinnell, Griswold, Harris, Hayes, Hill, Hogan, Hotchkiss, Asahel W. Hubbard, Hulburd, Jenckes, Johnson, Jones, Kasson, Kelso, Kerr, Laflin, George V. Lawrence, Marshall, Marvin, McIndoe, Miller, Moulton, Newell, Noell, Patterson, Phelps, Pomeroy, William H. Randall, Alexander H. Rice, Rogers. Rousseau, Shanklin, Smith, Stilwell, Taber, Francis Thomas, John L. Thomas, Thornton, Van Aernam, Robert T. Van Horn, Warner, Elihu B. Washburne, Welker. Wentworth, Whaley, Windom, Winfield, and Wright-67.
So the motion to lay on the table was not agreed to.
The SPEAKER. The first amendment is one offered by the gentleman from New York, [Mr. DAVIS,] to add a clause at the end of the
second section and to strike out all the remaining sections of the bill; but the other amendments, being to perfect the parts sought to be stricken cut, will be voted upon first. The first in order is the amendment of the gentleman from Pennsylvania, [Mr. SCOFIELD.] The amendment of Mr. ScoFIELD was read, as follows:
Strike out all after the word "them" in section seven, line nine, as follows: "and shall provide sites and buildings for purposes of education whenever such associations shall, without cost to the Government, provide suitable teachers and means of instruction, and he shall furnish such protection as may be required for the safe conduct of such schools. And said property shall be and remain the property of the United States until sales thereof shall be authorized by law;" and insert in lieu of the words stricken out the words "and afford them all proper protection;" so that the section will read as follows:
Whereas we recognize the necessity and duty resting upon the Government, and resulting from the condition of freedom, of aiding freedmen to receive that needful education which oppressive prejudices, laws, and customs denied them when held in slavery: Therefore,
Be it further enacted, That the Commissioner of this bureau shall at all times cooperate with private benevolent associations of citizens in aid of freedmen, and with agents and teachers, duly accredited and appointed by them, and afford them all proper protection.
Mr. SCOFIELD. I propose to modify my