CONGRESS, UNITED STATES. 



167 



South Carolina (chairman) ; Mr. "Wilson, of 

 Massachusetts; Mr. Bayard, of Delaware ; Mr. 

 Chandler, of Michigan ; and Mr. Rice, of Ar- 

 kansas. 



In the Senate, on February 6th, Mr. Chan- 

 dler, of Michigan, moved to consider the bill 

 to promote commerce among the States, and 

 to cheapen the transportation of the mails and 

 military and naval stores. 



Mr. Sherman, of Ohio, said: "The simple 

 question now is, whether Congress has author- 

 ity to authorize the construction of a railroad 

 passing through different States, under the 

 power to regulate commerce." 



Mr. Casserly, of California, said: "But there 

 are grave considerations, very grave considera- 

 tions involved in this bill. First of all is the 

 question as to the constitutional power of the 

 Congress of the United States to grant a fran- 

 chise for the building of a railroad within the 

 territory of a State, and, connected with that, 

 the right of eminent domain in Congress over 

 lands within a State. These questions, what- 

 ever may be thought of them by gentlemen 

 here, and however they may decide them, are 

 among the greatest questions that can ever 

 come before Congress, because they challenge 

 directly two of the paramount powers of the 

 States, and consequently a great part of the 

 police and other government of the States. 



"I have not examined the great subject of 

 the right of eminent domain involved in this 

 bill, nor, indeed, any of the important ques- 

 tions involved. I am not prepared to discuss 

 any of them. 



" I desired, however and that was my chief 

 purpose in the few words I have said to 

 make my protest in the most distinct and em- 

 phatic manner against what seemed to me to 

 be the assumption of the Senator from Ohio, 

 that this bill shall be passed witbout debate, 

 because for any reason the debate had been 

 exhausted and members had made up their 

 minds. It is not the right of any member of 

 the Senate to make up his mind upon a sub- 

 ject of such magnitude without examining it, 

 without hearing it discussed, without aiding, 

 if he can, in the discussion, if discussion is 

 allowed. For myself, I should consider it a 

 violation of duty to deny further discussion of 

 a bill of this importance, although I had heard 

 it discussed until it was threadbare, and al- 

 though my mind was immovably fixed about 

 it. I should not venture, even so, to discourage 

 further examination, to forbid debate. On the 

 contrary, I should be glad to invite both, not 

 only for others' sake but for my own good; 

 and what I say of this bill I mean to apply to 

 all bills of a similar character. 1 ' 



Mr. Morton, of Indiana, said : " I am in favor 

 of an air-line to New York ; but I am not in 

 favor of its being chartered by Congress. 

 That involves the exercise of a dangerous 

 power the power to charter railroad com- 

 panies through the States ; and when Congress 



begins that work it will have enough work of 

 that kind without doing any thing else. There 

 are inconveniences now connected with the 

 travel between this city and New York. I 

 hope they will be remedied. I have suffered 

 as much from them as anybody else. I appre- 

 ciate the necessity of such a road as this bill 

 proposes ; but, sir, I believe there is great dan- 

 ger connected with any attempt on the part 

 of Congress to charter railroad companies run- 

 ning through the States, and I hope such a bill 

 will not be passed, at least without the gravest 

 consideration." 



Mr. Bayard, of Delaware, said : " I am ex- 

 ceedingly glad to hear so influential a member 

 of this body as the Senator who has just taken 

 his seat express his desire and intent that this 

 bill shall be discussed most thoroughly before 

 it becomes a law. It is, treating it as a case 

 of first impression, an attempt on the part of 

 the United States to condemn the lands of the 

 States in disregard of their laws, and to exer- 

 cise that right known as the right of eminent 

 domain, never heretofore attempted to be ex- 

 ercised by the Federal Government since its 

 creation ; a right which it has been adjudicated 

 by its highest court not to possess; and if this 

 bill shall become a law, and if we shall embark 

 upon this system, it must be in violation of all 

 judicial precedent upon the subject, of all his- 

 torical precedent upon the subject, and, as I 

 think, in violation of the plain limitations on 

 the powers of the Federal Government im- 

 posed by the Constitution of the United States. 



"I merely state this much to express my 

 concurrence in the sentiment expressed by 

 others as to the gravity of the bill." 



Mr. Hamilton, of Maryland, said : " I never 

 heard this bill debated, and, if it is to be con- 

 sidered, I shall be obliged to enter into a dis- 

 cussion upon it. 



" This railroad is to pass through the States 

 of Maryland, Delaware, Pennsylvania, and 

 New Jersey, to New York. My people are 

 interested in it. The sovereignty of Maryland 

 is interested in this road, and the people of 

 Maryland expect their representatives to do 

 what they can to resist its becoming a law. I 

 shall say no more, but I make another appeal 

 to the honorable Senator from Michigan. It 

 is now late in the evening. I know he has 

 other business, in all probability unobjection- 

 able business, to present to the Senate, and I 

 suggest to him to pass over this bill as the un- 

 finished business until to-morrow or the day 

 after, so that gentlemen upon this floor may 

 have an opportunity of discussing properly 

 and thoroughly its provisions." 



Mr. Wilson, of Massachusetts, said : " If we 

 have the power to pass a bill of this character, 

 if it be constitutional law, I trust the first 

 thing we shall do will be to appoint a commit- 

 tee of the ablest jurists we have, or refer the 

 subject to the Judiciary Committee, and have 

 a general railroad bill prepared under which 

 roads may be built and companies organized 



