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HOUSE OF REPRESENTATIVES.
GALUSHA A. GROW, of Pennsylvania, Speaker.

EMERSON ETHERIDGE, of Tennessee, Clerk.

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Congressional Proceedings on "Pacific Rail Road and Telegraph Bill."

H. R., February 5, 1862.

PACIFIC RAILROAD AND TELEGRAPH.

Mr. ROLLINS, of Missouri, by unanimous consent, introduced a bill to aid in constructing a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other purposes; which was read a first and second time, referred to the select committee on the Pacific railroad, and ordered to be printed.

H. R., February 19, 1862.

PACIFIC RAILROAD.

Mr. CAMPBELL. The committee on the Pacific railroad have instructed me to offer the following resolutions for inquiry, to which I hope there will be no objection:

Resolved, That the Secretary of War is hereby requested to furnish the House of Representatives with a statement showing the cost to the Government for transportation per annum for the last five years, by steam or otherwise, for troops and supplies between the Mississippi river and the Pacific coast. as well as intermediate points.

Resolved, That the Secretary of the Navy is hereby requested to furnish the House of Representatives with a statement showing the average cost of transportation of naval supplies, munitions of war, &c., for the last five years, from the eastern and Gulf ports of the United States to the Pacific coast,

Resolved, That the Secretary of State is hereby requested to furnish the House of Representatives with the last annual report of the Governor of Colorado Territory, and accompanying documents, if not incompatible with the service of the Department of State.

There being no objection, the resolutions were received and adopted.

H. R. March 4, 1862.

PACIFIC RAILROAD AND TELEGRAPH. Mr. CAMPBELL, by unanimous consent, from the special committee on the Pacific railroad, reported a bill to aid in constructing a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other purposes; which was read a first and second time, recommitted to the select committee, and ordered to be printed.

H. R., March 14, 1862.

PACIFIC RAILROAD AND TELEGRAPH. Mr. CAMPBELL,by unanimous consent, reported back from the special committee, on the Pacific railroad a bill (H. R. No 323) to aid in constructing a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other purposes, and asked that it be made a special order for Tuesday week, and ordered to be printed.

The SPEAKER. Has not the bill been already ordered to be printed?

Mr. CAMPBELL. Yes, but it has been changed since.

It was so ordered.

H. R., March 25, 1862.

PACIFIC RAILROAD.

Mr. CAMPBELL. On behalf of the select committee on the Pacific railroad I move to postpone the special order of today, which is the consideration of House bill No. 364, to aid in the construction of a railroad and telegraph line to the Pacific ocean, for one week, and that it be the special order at that time.

The motion was agreed to.

H. R., April 1, 1862.

PACIFIC RAILROAD.

The SPEAKER stated that the regular order of business was the consideration of the Pacific railroad bill.

Mr. STEVENS. I desire to move to go into the Committee of the Whole on the tax bill.

Mr. CAMPBELL. I regret to be compelled again to postpone the special order. which is the consideration of the Pacific railroad bill. J do so, however, for the purpose of giving way to the tax bill. a move to postpone the special order ur til Tuesday next, and that it be made the special order for that

day thereafter until disposed of. The motion was agreed to.

H. R., April 8, 1862.

PACIFIC RAILROAD.

The SPEAKER stated the business next in order to be the consideration of the bill (H. R. No. 364) to aid in constructing a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other purposes, as a special order, and to continue from day to day until disposed of, on which the gentleman from Penusylvania [Mr. CAMPBELL] was entitled to the floor.

H. R. April 8, 1862.

PACIFIC RAILROAD-AGAIN.

Mr. CAMPBELL. I am directed by the select committee on the Pacific railroad to report a substitute for the bill before the House. It makes very unimportant changes in the bill as it has been printed, with the exception that it gives direct corporate capacity. I will explain it when the bill is read.

The Clerk proceeded to read the bill.

Mr. CAMPBELL. I move that the further reading of the bill be dispensed with. It is already printed and on the tables of members.

Mr. STEVENS. I hope the bill will be read.

The Clerk proceeded with the reading of the bill.

Mr. STEVENS. I want to know whether this bill has not to go to the Committee of the Whole on the state of the Union?

The SPEAKER. That will be seen after the bill is read.

Mr. STEVENS. There is no necessity for reading it if the fact is so.

The SPEAKER. The Chair does not know what is in the bill.

Mr. STEVENS. There is an appropriation of United States bonds.

Mr. CAMPBELL. I hope the reading of the bill will not be interrupted at this time.

Mr. STEVENS. I have a right to raise she question of order

Mr. CAMPBELL. Certainly, at the proper time.

Mr. STEVENS. This is the proper time. The SPEAKER. Let the bill be read. Mr. STEVENS. Well, let it be read. The SPEAKER. The gentleman will not lose his right to the point of order after the bill shall have been read."

The Clerk resumed and concluded the reading of the bill.

Mr. STEVENS. I now raise the point of order that this bill ought to go to the Committee of the Whole on the state of the Union. I remember

a similar case where that was decided sometime ago.

Mr. CAMPBELL. I hope my colleague will withdraw that point of order. The Curtis bill, which was almost identical with this, was considered by the House alone, with due consideration, and was adopted by the House. I do not think that this can be called an appropriation bill, because, before any money can be appropriated to pay these bonds, we would have to go to the Committee of Ways and Means, of which my colleague [Mr. STEVENS] is chief, and ask that committee to report a bill making an appropriation for the purpose.

The SPEAKER. The question whether this bill makes an appropriation or not, depends on the construction of the law. The Chair will have the law read, and the section of this bill which ir supposed to make an appropriation.

The Clerk read the fifth section of the bill, as follows:

SEC. 5. And be it further enacted, That for the purposes herein mentioned, the Secretary of the Treasury shall, upon the certificate in writing of the said commissioners of the completion of any forty consecutive miles of said railroad and telegraph, in accordance with the provisions of this act, issue to said company bonds of the United States of $1,000 each, payable in thirty years after date, bearing six per cent. per annum interest, (said interest payable semi-annually,) to the amount of sixteen of said bonds per mile for such section of forty miles; and to secure the repayment to the United States, as hereinafter provided, of the amount of said bonds so issued and delivered to said company, said company shall duly execute in favor of the United States a good and sufficient mortgage thereon, in accordance with the laws of the State or Territory in which the completed section of said railroad for which said bonds are issued shall lie, and deliver the same to the Secretary of the Interior: Provided, That the mortgage so executed and delivered to the United States shall be a first mortgage, and the section of the road upon which it is executed shall be, at the date of its delivery, free from all liens or other incumbrances adverse to the United States.

The SPEAKER. If the holders of these bonds could present them at the Treasury and receive money on them without the further action or order of Congress, the bill would make an appropriation of money and must receive its first consideration in the Committee of the Whole. For the purpose of ascertaining that fact, the Chair will direct the reading of the ninth section of the act of March 3, 1853.

The Clerk read, as follows:

SEC. 9. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized to purchase at the current market price, any of the outstanding stocks of the United States as he may think most advisable, from any surplus funds in the Treasury: Provided, That the balance in the Treasury shall not at any time be reduced below $6,000,000.

The SPEAKER. The Chair thinks the holders of these bonds under that law of Congress, could present them at the Treasury and if there was a surplus on hand of more than the amount specified, could receive money on them. He therefore decides that the point of order is well taken, and that the bill must have its first consideration in the Committee of the Whole.

Mr. CAMPBELL. If the House goes into committee now, will the bill be a special order

there?

The SPEAKER. It must be the first bill for consideration in committee.

Mr. CAMPBELL. And must be considered as a special order there?

The SPEAKER. The bill is made a special order generally, as well in committee as in the House, as the Chair understands. The Chair directs that the bill be referred to the Committee of the Whole on the state of the Union.

Mr CAMPBELL. I move to suspend the

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