cay.-c; ta.
the interests th , ' "inn' ' 1
linage tax cannot have a particle of sup
a any pretext kitsimply that of compe
It is not only
with the radii,. work
I,t, sir, but it is t'N ccedingly impolitic to
directly the trade and internal commerce of
Commonwealth. Ido not believe that any
ature. has been convened at this Capital
-,l
IV period during the existence of this State,.
would deliberately fix upon a vast and nn
int puhiie improvement like the Pennsyl
a ~a;r •
' ,ad a perpetual tonnage tax. No,
I do not believe that such an imputation
the judgment and upon the sound policy
v Legislature that ever convened here, ,
Cto be insinuated or for a moment enter
d. the ideals abhorrent; it is entirely
indict with every just view of State
;ally when we regard ourselves in the pe
a of competitors for the great trade of this
try, from west to east, from east to west.
Alt sides we have gigantic enterprises—
of public works proposing to do a certain
Now, sir, why is this Company pursued
:s manner ? Why are their interests con
:' regarded as in conflict with those of the
oonwealth ? I ask 'gentlemen on this
to look back to what would have been the
:lion of this Commonwealth, with regard
I. public works, if the Pennsylvania Rail
had not existed as an enterprising eorpo
a. and (happily for the Commonwealth,)
ie the purchaser of these public works?
would have been the position of Pennsyl
,, as compared with the State of New York,
le States on the southern border, but for
enterprise of this rota ? I ask gentlemen
fleet upon this subject. - _
1 then, sir, why is it to be suppotwltliat the
l invested in this company is so eminently
utrative ? I do not see that gentlemen,
ire disposed to pursue this road, are in
. by any means to invest their capital in
or any similar line. Here are lines of lat
oad that would remain unfinished, and
lv the superstructure would be demolish
the, elements and by time, but here is a
roue proposition to apply this money in
he, if you please, between the Common-
I and the road to these purposes.
w. Sir, capital is not invited to invest it
our public works by view of agranclize
,by view of immense profit. It is, sir,
yublic spirit the intelligence of the busi
men of Pennsylvania, that give encour
eat to these works. It is a desire to bri
e State interest, to advance State trade. It
ite pride—a laudable State pride. And
here seems to have been a party that has
disposed, year after year, to induce men to
)1(1 their capital in this direction and to
the State of Pennsylvania in a beggarly
ition, with regard to the facilities for trade.
not comprehend this policy. As I observ
;fore, it is hard enough to this capital to
`• itself in the line of policy, looking to the
cement of the interests of the State. We
id not discourage it ; we should rather in
it.
it perhaps I am enlarging beyond what I
dd do. In what I have said, I have de
xi the sentiments which I truly and con
itiously feel. I believe that the proposition
tie bill isa just proposition. It is one that the
of Pennsylvania may well sanction, with
maintenance of its dignity, its character
every principle of justice.
r. BLISS moved that the House do now ad
motion was not agreed to.
.. WILLIAMS. My worthy friend from
city of Philadelphia (Mr. Anson) suggests
it is entirely impossible for him to look at
question from the same point of view as
friend from Lycoming (Mr. ARMSTRONG).
11, sir, we are all, to a great extent, the crea
es of circumstances. My friend from Phila
iphia looks from a different stand point from
tnf thegentleman from the country. He sees
istice wherewe see none. He even goes so far
to complain of the persecution with which
1 unfortunate Company, receiving a revenue
der than that of the whole Commonwealth '
I'ensylvania, has been followed I
This company-which sits here at Harrisburg
throned in state, with its agents and its
ssaries filling your public houses and your
ies to dictate to this Legislature what they
I do, and when they shall do it, and how
r shall do it, is certainly not by any means
ihject for sympathy. I think the careum
!es of the case do not call for such sympa
.
have suggested that the way in which we
likely to look at a thing depends very much
the circumstances in which we are placed. If
Were a member from the city of Philadelphia,
ht.. , v human nature is very weak, very in
perhaps I should think it a very good
vote out of the treasury of this State,
a out of the sinking fund, sacredly ap
iwiated by your constitution and your laws,
; purposes,ten millions of the money of
yople, particularly if I were fully advised
o.t. :act that the corporation that was to re
;ids immense voluntary, gratuitous dorm
our hands, belongs in a great measure
the city of 'Philadelphia, and that live
', iu its of this money goes into her treasury,
al! of your appropriations of this day in the
lam of the Sunbury and Erie railroad cora
l)... ;like precisely the same course. Ido not
ab , . that my worthy friend from Philadelphia
• A a soT,) a very intelligtint and excellent man
:now him to be—is a little blind upon this ,
or sees only One way, because I
w he looks through a peculiar medium. He
use us for thinking differently, who live
tIo tountry, as it i 3 called—outside of the
,city all events— who have interests in com
on with the people of Pennsylvania, which
Ere .12:ligonistic to those he represents, in this
:Ikarr.cnlf
I was amazed when I saw this bill re
portod by a Committee of this House, proposing
upon its tine, amongst other things, to donate
to a mammoth corporation eight hundred thou
laud dollars of your money, already sacredly
appropriated to the purposes of the sinking
f iii,l. to the payment of the - publie debt of this
Mato. And then this money is to be lent out
tbizt grand monopoly to this railroad, and
I,iihoad by way of securing the votes of
ibLers from the counties through which
ibo— railroads pass--a tub thrown to the
V Lat is the proposition which is submitted
very gravely by a Committee of this
.5.., and recommended by them as the rep
re- Ltatives of the people of this great State?
1 . 1-ILt No shall not merely wipe out an annual
I.lle of from three to five hundred thousand
• of an indefinite amount in the distant
futm e—bot that we shall make a present, a
gratuity to this mammoth corporation of eight
hundred thousand dollars, on the condi
tion that said company condescend to
lend it to these several unfinished, incomplete,
abortive railroads in IVestern Pennsylvania,
without the shadow of a hope that any of
arose roads can ever be perfected or brought
nt :.se by means of these appliances. If they
-Lotlld, however, be rendered serviceable they
ttil' be but feeders of this Company. W e are
~)',,wing them to lend this money to do their
,rro work and to fill their own treasury.— '
, :onfess I was amazed When I discovered
i, it proposition gravely reported and reeom
. tieti to a Pennsylvania Legislature by a
femittee of this House ; and if my worthy
• ;i v,hu is Chairman of that Committee had
from any other district than the city of
.'l , ldelphia, I should have expected at all
• ..!as that the veil would have fallen from his
0) •aml that he could have seen these things
lhey eaght to be seen-and as we see them.
•;Speaker, looking to the interest which the
of Philadelphia has involved here, 1 think I'
.:711 authorised to challenge the votes of the
t o esentatives of tlrtt city upon this quest.
!dightest interest will disqualify a wit - .e•trt. , 12:11 there moneys be taken
icy the-ir apt ,or by their aid? If they are, what
excuse is to be made to the people by members
from the interior ? You may do this thing, and
you may do it in a hurry. Perhaps it is policy
' that you should thus do it. Put this bill upon
the tiles, wait a few days, and there will a storm
of indignation burst up from every quarter of
this Commonwealth that will shake this capitol
to its foundation. I know it will be so. With
all the little ingenuity that I may possess, I
cannot, as a lawyer, construct an argument to
justify a vote in its favor, either on the part of
myself or of anybody else.
Brit, says our worthy friend from Philadel
phia, "this isan unjust tax imposed by the Com
monwealth." I beg the gentleman's pardon ;
it was was not imposed at all ; it was the corn-
pany's voluntary offer. This case has a history,
with which my worthy friend is not perhaps
familiar. I recollect something about it, al
though
my memory is not a good one. When
the Pennsylvania Railroad made its application
for this charter that application arose out of a
feeling of rivalry and competition between the
two cities of Philadelphia and Baltimore. Phil
adelphia had no idea of building such a road ;
but Baltimore came here to obtain a renewal of
the charter of the Baltimore and Ohio Railroad
company, which would have furnished another
and an independent means of communication,
giving to the city of Baltimore, however, some
advantage over Philadelphia. Philadelphia re
sisted; she offered to build a railroad of this de
scription herself. She offered in addition there
to, looking to the probable rivalry and the in
jury that might be sustained by the Public
Works in consequence thereof—she offered to
pay a revenue of five mills upon the dollar, up
nikall tonnage carried over that road forever. I
thins. mistaken in saying it was five
mills ; it is now tur4e.. It was - tier - own- offer,
and she succeeded by these means in procuring
the charter, and in defeating - tl.4..atmlication of
the Baltimore and Ohio Railroad Company to
obtain a right of way through this State,—
The jealousy of Philadelphia defeated that ap
plication. She obtained all she desired upon
those grounds. We were shut out; we were de
nied the privilege of taking any other means of
I transmit to the eastern sea-board, except those
to be furnished by the Pennsylvania Railroad
company. There was a provision, if I recollect
aright, in the charter of the Pennsylvania Rail
road company, enacted in 1846, that if they
would put under contract, in good faith, so
many miles of their road adjacent to the city of
Pittsburg, (I do not recollect the number of
miles,) then all the privileges granted by an
Act passed at the same session, to the Baltimore
and Ohio Railroad company, should cease. They
did put their road Under contract for that pur
pose.
And now it is alleged that to relieve the trade
of this State from the results of the monopoly
thus acquired at this price, all this enormous
revenue is to be thrown away. Sir, it was not
a dnty imposed; it was an offer made by the
company and accepted by the State. The pro
ceeds of that tax were dedicated to the purpose
of paying the public debt of this State. By the
amendment to your Constitution made in 1857,
you dedicated the proceeds of the sales of the
public works, with other sources of revenue
named therein, and such additional ones as
might be indicated by the Legislature, to this
single object. By the terms of those amendments
the Legislature was required, at its first session
thereafter, to enact a law creating a sinking
fund, and indicating the revenues by which it
was to be supplied. The constitutional amend
ment provided also that these funds, together
with such as might be designated from time to
time by the Legislature, should be dedicated sa
credly and exclusively to the one object of re
ducing the public debt of this State until that
debt should be reduced to the sum of five mil
lions of dollars.
Perhaps it is better I should enlighten gen
tlemen on the subject. I know the Consti
tution is not of much weight in cases like these.
I fear that It may be ignored. It may be as
useless, perhaps, to quote that instrument as it
would be to look to the Old Testament in a.
broker shop, where the stock-ledger is the
only Bible. Still I think it may not be amiss
to refresh the memory of gentlemen who seem
to be a little oblivious upon this question. I
find this clause in the amendments to the Con
stitution :
"To provide for the payment of the present
debt, and any additional debt contracted
as aforesaid, the legislature shall at its first ses
sion after the adoption of this 'amendment,
create a sinking fund, which shall be sufficient
to pay the accruing interest on such debt, and
annually to reduce the principal thereof by a
sum not less than two hundred and My thou
sand dollars ; which sinking fund shall consist
of the net annual income of the public works,
from time to time, owned by the State, or the
sale of the sanie, or any part thereof, and of the
income or proceeds of sale of stocks owned by
the State, together with other funds or re
sources that may be designated by law. The
said sinking fund may be increased, from
time to time, by assigning to it any part
of the taxes, or other revenues of the State
not required for the ordinary and current
expenses of government; and unless in
(Ilse of war, invasion or insurrection, no part of
the said Sinking Fund shall be used or applied
otherwise than in the extinguishment of the
public debt, until the amount of such debt is
reduced below the sum of five millions of dol
lars."
Here, Mr. Speaker, is the fundamental law
of this Commonwealth, which every member of
of this Legislature is sworn to maintain and
support. By the terms of that law, the fund
referred to is to be secured to the objects there
in indicated. There is to be no exception but
in the case of insurrection or invasion. Per
haps it will be said by my worthy friends on
the other side, that there is a case of invasion
at this moment. Why, this giant corporation
is sitting at the gates of our Capitol and endea
voting to undermine it.
Well, sir, has the Legislature done its duty ?
We are asked to disregard ours. How • waa it
with the Legislature of 1868 ? Sir, let me show,
you what what they did. In obedience to the
direction received from the people, in the terms
which I have just read, they passed on the 22d
of April, 1858, an Act, entitled "an Act to
establish a sinking fund for the payment of the
public debt." They say that.
"That for the purpose of paying the present
indebtedness and the interest thereon, and such
further indebtedness as may hereafter be con
tracted on the part of the Commonwealth, the
following revenues and incomes are hereby spe
cifically appropriated and set apart, to wit
The net annual income of the public works that
now are, or may be hereafter owned by the Com
monwealth, and the proceeds of the sale of the
same, hereafter made and yet remaining due, or
hereafter made, and the income or proceeds of
sale of stocks owned by the State, and all
revenues derived from the following sources, to
wit :"
I will not read this enumeration, except one
of the items of revenue :
"Tonnage tax paid by railroads."
By the sixth section of this Act it is pro
vided :
That it shall be the duty of the said Com
missioners to open books inAhe State Treasurer' s
department, keep separate and distinct accounts
of all monies received and disbursed under this
account, specifying the source of revenue and
when paid, and from time to time, as the funds
paid in thay justify, apply the same to the pay
ment of the acenteing interest of the public
debt and the principal, on or before the semi
annual payments thereof may become due ; and
at no time or in no manner shall any portion
of the fund hereby created, be otherwise applied
except its herein provided, under a penalty of
one thousand dollars, to be sued for and col
lected for the use of the Commonwealth, as
other penalties."
Would my worthy friends who are support-
pennopluattia Daily ttlegrapb, fribap, afternoon, ithruarp 22. 1861.
ing this bill he disposed to incur this penalty ?
one hundred times a thousand would be one
hundred thousand dollars. Although doubtless
as to men, it would be something, it is nothing
to this mammoth corporation with revenue, as
I have already suggested, equal to those of the
Commonwealth itself. Why, sir, they can af
ford to pay two millions of dollars to procure
the doing of an act which we are expected to
perfonn—to.perform in defiance of the terms of
the Constitution and in forgetfulness of the
law of 1858, enacted by a Legislature which
did respond, in that instance, to the call of con
stitutional duty.
Sir, I dread the power of this corporation.
I was in public life when the Bank of the
United States was described as a monster,
an anaconda—when our Democratic breth
ren were in the habit of expressing
the opinion that it was winding its snaky coils
around us,strangling us to death as the serpent
strangled Laocoon. Now, what have we here ?
Why this immense corporation overshadowing
the whole State—binding with an iron chain,
the city of Philadelphia and the city of Pitts
burgh—with all its ramifications, and its pro
posed extension of ramifications—dwarfs that
monster bank into nothingness. It can bring
enough of its troops here to invade the Capital,
and I was almost disposed to say, to defend this
State in case of an invasion from the South. If
we are helpless, this company is not.
I dread this irresponsible power, which over
shadows this State and dwarfs everything be
neath it. I think our liberties are not safe un
der such influences. I think the time has
come to summon the people of Pennsylvania
to the rescue, to proclaim the alarm from the
top of this Capitol in such a way that it shall
reach every hill and valley of this Common-
Wealth. The people will respond to that.call
—my life on it.
But, it is said, these moneys are not in the
Treasury. That argument has been well an
swered in advance by my worthy mend from
Lycoming (Mr. ARMSTRONG.) If they alb not
there, it is not becaust-the,y ought not to be
there, but because of the default or this com
pany. It is the maxim of the law—a maxim
of equity—that no man shall take advantage of
his own default ; and of course no corporation
can do so. A resolution was offered a few days
ago, which I supported, to inquire what was the
amount of arrears incurred by the Pennsylva
nia Railroad Company, which they rebisall to
pay, what steps had been taken, what progress
made in the suits instituted by the direction
and provision of the Legislature against this
corporation ? That was a simple question. It
seems to Me it might have been answered. It
is not answered.
The SPKAHER. It was answered the next
morning.
Mr. WILLIAMS. Was it? Then I have not
seen the answer I would like to have it read
in connection with this matter.
The SPEAKER. The Chair merely gave that
infoianation in order to show that the Auditor
General had attended to his - duty. The com
munication was sent in the next morning.
Mr. WUJIAMS. There was also a direction
to the Attorney General to report the state of
the legal proceedings with regard to those ar
rears of tax. I was advised but three or four
weeks ago by the late Attorney General, that
an execution had been issued against the Penn
syivarda Railroad Company, in consequence of
their default,„or their failure to take a writ of
error from the Supreme Court of the United
States, and to enter bail in such a manner that
the writ of that Court might operate as a super
sedeas ; that under this execution a . levy had
been made ; that an application was thereupon
made to the Supreme Court of this State for a
sapermieas of the execution on a writ of error
taken for that purpose, which the Court
quashed. An application was then made to the
Supreme Court of the United States. The Su
preme Court of Pennsylvania agreed that the
matter should stand over; fora few "days. "What
was done eventually I do' not know. But the
late Attorney , General informed me that there
we about six or eight hundred thousand dol
lars which the Legislature of Pennsylvania
might lay its hands on any day. Yet I
have heard gentlemen say within a short time—
gentlemen who are perhaps to be found voting
for this bill—that we are likely to be in default
even in the payment of our annual interest
here—gentlemen who seem to have some little
idea, as I thought, of a foray upon the Treasury
themselves.
Now, sir, here are the means Mr the payment
of that interest. If this fund is not here, it
ought to be here. Equity always considers that
done which ought to be done ; and upon that
principle that money is here ; if it is not here,
as my worthy friend from Lycoming says, it is
by default of the Company that it is not here.
Now, the question is, are they to take advantage
of it f That tonnage tax, being so appropriated,
being due and over due, is by law (and this is
a principle vihich is indisputable) in your Treas
ury dedicated to these holy purposes ; and
this Legislature can do no act to take it
out. They Nana make a donation of
that fund. While they are denying to
the suffering and perishing people of ' Kansas
the miserable little pittance that has been ask
ed of them, they surely will not trample the
constitutional barriers under foot at the bid
ding of this gigantic Company, vote into their
pockets Without consideration, as a mere gratu
ity, 3800,000 of the public money which be
longs to the public creditors, and which they,
are sworn to keep sacred for that purpose. Why,
I am sure they will not do it.
Mr. Speaker, my friend from Lycoming an
ticipated an objection that occurred to me upon
the very reading of this bill. I thought his
amendment was right. I think his argument is
unanswerable. Certainly it has not been an
swered. If gentlemen intend to vote the other
way, I shall expect them to give "a reason for
the faith which is, in them." When it is
charged that the result of their vote is to vio
-1 ate the fundamental law of this State
and their own obligations as members of the
Legislature, the people will - demand that rea
son if it is not given here.
Mr. ARMSTRONG. I think it probable, sir,
that the learned gentleman from Philadelphia,
(Mr. Arson,) in reply to the remarks . which I
made, quite mistook the bearing of the argu
ment. I have not addressed myself, sir, to the
general consideration of this bill. I have not
discussed how far it is_ or is not expedient to
relieve this company from the payment of the
tonnage dues. This is not tonnage dues. What
is it ? It is a debt of this Company. Can you'
go behind the judgment for $750,000, more of .
less, (I do not remember the precise amount,)
to inquire what was the consideration of that
judgment? 'lt stands now the judgment of the -
Court against the Company—not tonnage dues;
Yet we go now behind the judgment to enquire
what was the consideration of the judgment, and
we propose to givethe proceeds of the judgment
—to whom ? To this very Company. Do we pro
pose to release this debtor for anyconsideration?
The gentleman has referred to the consideration
which induced the imposition of this tonnage
tax. Does he not know that the public works
of Pennsylvania have cost morelthan $40.000,000
and out of that the largest proportion was sold
to this Company for $7,000,000. The tonnage
tax was imposed upon them, because the con
struction of wrival road along the line of the
public works of the State would largely impair
their value. And now they come here telling
us that because the Convexly has purchased the
works subsequently, therefore the tonnage
duties should fall. Does not the gentleman for
get to tell you that the company purchased these
works at the diminished value created and
caused by this competing workthat ran side by
side ? The State paid this consideration ; the
State has lost it, and now the State is receiving
from this Company from $300,000 to $350,000
a year ; the principal of which, yielding that
interest., would be $0,000,000 ; and this Legis
lature is asked to yield up that entire principal
to this company--for what consideration ? Why
they are as changeable in their arguments as
the hues of the chameleon. When they discuss
the question in the Supreme Court, they tell us
gravely that it is a tax upon the commerce of
I the State, and unconstitutional under that pro
vision of the Constitution of the United States,
which provides that the States shall not impose
imposts. When they come to discuss this ques
tion before the Pennsylvania Legislature, they
tell us that they cannot impose these taxes
upon the through freights. They tell us in an
article which has been handed around in this
Legislature for the very purpose of strengthen
ing their cause—they tell us :—"The Tonnage
Tax is, therefore, a burden upon every citizen of
the Commonwealth who does business over the
Pennsylvania Railroad, and upon our citizens
alone. In laying this tax, the law declares that it
shall be upon all tonnage, but the Company
cannot assess it upon freight carried from points
in the West, where the transporter has the
choice of routes .for reaching the Eastern mar
kets. If they did this, business would be driven
from their road, and would necessarily seek an
outlet by way of Baltimore or New York."
This is in precise accordance and strict anal
ogy with the whole principle of internal trade.
Will any one suppose that this Railroad Com
pany regulate their tariff of charges and their
freights by any rule of this Legislature ? Those
rates are regulated solely by the rates of com
peting roads ; and every railroad corporation
charges as- much as the competition• of their
road will permit them to charge. That is the
principle which underlies it. In this very ar
gument they tell us the duty is not imposed
upon through freight, yet they go before the
Supreme Court of the United States and ask to
be relieved from this tonnage tax upon the
ground that it is a charge upon the freight from
other SteM. 'This is their consistency.
Now, air, let me refer again to this constitu
tional prevision: It has already been read.—
"No part of the sinking fund shall be used or
applied otherwise than in the extinguishment
4 the public debt." In the year following the
adoption 'of that constitutional amendment—
the year 14 168—the Legislature did, in accord
ance with•the.t.q.ukrements of the Constitution,.
pass an Act approprfast specifically theae Very
tonnage dues to the extanguishment of that
debt. .Now, sir, will the Snpremt Court ow
$761,000, already due, already the propeay or
the State, already belonging to them in every
sense of the word—::in law, in equity, and held
back by the Company—by their own fraud,
shall .I say-=will the Supreme Court allow this
to be taken out of the State Treasury, to be ap-•
propriated to this Company, by whom it is due?
The gentleman has referred to the necessity
of completing these minor roads. We do not
propose. to interfere because the appropriation
will be made to these minor roads, and it is
simply the question whether or not the bonds
which shall be issued, shall be paid to the Cor
poration or to the State. Is it to be supposed
that this railroad company, when we propose to
release to them six millions of dollars, will stand
quibbling With the Legislature as to the appro
priation of those $850,000? Not for one mo
ment: They would leap at it—they would re
joice to get it. They would then have a bar
gain from the State, which would be equivalent
to the reduction of the price of their road by
six millions of *dollars.
Now, I feel that this amendment ought to
pass. It avoids to the company this question
which will inevitably meet them--which it
would be a dereliction of duty on the part of
the officers of the Commonwealth net to raise—
that this is a fund appropriated by law under the
action of the Constitution, and which this
- tie" - 'k has no authority to Mach. In ad
ditio4:4 and - rawi , T.this Company considera
tion ent:*:if o co r known, - atair.r.a bonus—a lib
eral bonus that may bedOme--,gement
and protectioU, 41•Avolopment, •
you put it, in all ~,,%, ",,z > '4-tion or
siderad, this propositit. %
ay beYtand what tkeY„Out
Mr. ABBOTT. I wish
iivordsin reply. Mr. Speaki
et-qp in defence of the, -
Wylvania Railroad Comt
I presume both the
legheny, (Mr. Waste,,
frao . l:prColl:Allg, (MT. AmmerritA
that it. would be very diffic
wealth to satisfy this claim.
not urge this claim again'
the Company. Ido not
ever, beCatile it is not a - point to - whiCh we
should attach greatimportance, except to invali
date a very specious , argument ; that is, that
the money is, or ought to be, in the Treasury,
and is really as good as in the Treasury. • I will
simply say—and the force of it would be well
understood in a litigated case—the money is
not in the Treasury, and it might be extremely
difficult to get it there, and very doubtful
whether it ever could be put there.
Again, Mr. Speaker, the gentleman from Al
legheny and the gentleman from Lyeoming,
talk as lawyers upon this question, but to me,
sir, they do not appear to talk as Pennsylva
nians. This is all the argument I wish to
urge just at this point. When this bill shall come
up, sir, on its third or general reading, I pre
sume that the disposition to argue this ques
tion will be gratified, at any rate to a sufficient
extent to test the equity, the propriety of this
whole ilteasure in all its parts and in all its
bearings. There is a great deal to be said,
that has not yet been said, in favor of the pro
position contained in this bill.
Mr. HILL moved that the House adjourn.
On the motion,
The yeas and. nays were required by Mr.
SMITH. (Barks) and Mr. MOORE, and were as
follows, viz :
YKAS- -Messrs. Alexander, Anderson, Arm
strong, Barnsley, Biller, Blanchard, Bliss,
Boyer, Bressler, Brodhead, Clark, Collins, Cope,
Dismant, Donley, Elliott, Frazier, Rapper,
Hayes, Heck, Hill, Hood, Irvin, Kline, Lich
tenwallner, Manifold, Myers, Osterhout Reiff,
Rhoads, Robinson, Schrock, Shafer, Smith,
(Becks,) Stehman, Stoneback, Tracy, Williams
and Wilson-39. - ,
Nars—Mssrs. Abbott,' - ''Ashcom,
Austin; Ball, Bartholomew, Bisel,
Brewster, Burns, liptler,(Carbon,) Byrne, Cald
well, Cowan, Cmig,Douglass, Duffield, Duncan,
Dunlap, Gaskill, Goehring, Graham, Hillman,
norms, Huhn, Lawrence, Leisenring, Lowther,
MMonough, M'Gonigal, Moore, Morrison,
Mullin, Ober, Peirce, Preston, Pughe, Randall,
Reidy, Ridgway, Seltzer, Sheppard, Smith,(Phil
adelphia,) Taylor, Teller, Thomas, Walker,
White, Wildey and . Davis, Speaker-60.
So the question was determined in the ne
gative.
The question then recurred on the amend
ment offered by Mr. ARMSTRONG.
Mr. WILLIAMS. It seems obvious that in
the judgment of the House of Representatives,
it is much more important that the interests
involved in this billshould be promoted and the
objects of the, Pennsylvania Railroad Company
carried out, than that the members of this
House shall be fed. We are to be driven, it
seems, to the point of point of physical exhaus
tion and starvation. We are expected to meet
to-night and to have no respite. Even the re
spite which would be indulged to a criminal is
denied to us !
Well, sir, I am accustomed to long sessions.
If this session is to be a protracted one, I have
no objection. I think my powers of endurance
are equal to those of almost any one.
I desire to say, in reply to my friend from
Philadelphia (Mr. Anson) that I was very glad
that we were promised some argument, if not
now, at least at some future day. I desire to
treat with all proper respect, the g entlemen
who have concurred in reporting tbis bill, and
those who are inclined at present to vote for it.
But in none of all the . many neWipapers that
have been subsidized and have been floating
through this Commonwealth. like sybilline
leaves, have I seen anything that rises even to
the dignity of twaddle. I want to hear an argu
ment to excuse this thing. I should be glad if
the gentleman would make it now: but he did
say some things in his previous remarks which
I had overlooked and to which, as the House is
disposed to sit, I might as well reply.
He suggested that there was a question of faith
here—that by the terms of the Act of 1807, un
der which the Pennsylvania Railroad Company
became the purchaser of these public improve
ments, it was provided that, upon the payment
of an additional million and a half of dollars,
this tonnage tax, with all other obligations of
the same character to this State, should cease
now and forever. In that Act there wag a sur
render, on the part of the Legislature, of the
highest attribute of sovereignty; and no strong
er illustration could be furnished of the enormi
ty of that power to which I have referred
than the fact that a Pennsylvania Legisla
ture—(it is not out of place to speak of it
for it is not this Legislature)—a Pennsylvania
Legislature was willing then, when this thing
was comparatively in its swaddling clothes and
had not swollen out to its present gigantic di
mensions—was willing to go down on its knees
before this power and bow obedience to its high
behests ! If these things might be done in the
green tree, what may we not expect in the dry?
In the legislation to which I refer, there was
that at which even the Supreme Court of Penn
sylvania (which on all other occasions, I believe,
except where its own powers were involved,
has affirmed the omnipotence of the Legislature)
boggled. There was that which even that
Court could not.affirm in the surrender of this
eminent attribute of sovereignty—this exclu
sive legislative power—excburive, as I mulct
stood, by publicists and'atatesmen, but not as
at present imam-stood by she 'Supreme Court of
pennsyh-suita. For, I believe, they do claim
and are now exercising a right of imposing
taxes theinselves.
Well, sir, my worthy friend says that the
purchase was somewhat compulsory ; that they
were denied the benefit of the bargain; they
lost the advantage of this provision in the Act
of Assembly. There was no compulsion. They
were volunteers. The Legislature of Pennsyl
vania, looking to the interests of the public,
ought never to have strengthened the hands of
such an institution as this byconferring upon them
such a power—by putting them in the posses
' Rion of the Public Works of this Commonwealth.
The Legislature did, however, allow this com
pany to become the owners upon certain
conditions. 'The company were volunteers.
They chose to buy those works. 'When ,
the Supreme Court itself declared a -part
of that Act to be invalid, they regarded the
bargain as so good a one to themselves, that
they were very willing to take it with the in
cumbrance. That was not all. The question
arose and was decided in that case, whether, by
the action of the Legislature of this State, the
stockholders of a company, erected for one.pux
pose, could be made the stockholders of another
company erected for another purpose ; whether a
stockholder could be compelled to part with his
property in the stock by a vote of a majority of
the stockholders ; and that position the Su
preme Court of Pennsylvania affirmed.
Well, sir, lam not in the habit of being
much surprised at any thing that is done
now-a.days, either by Courts or Legislatures,
and I shall not be astonished if this
bill passes. But I confess= I was amazed when
I saw that opinion. But the Court did stop
short at this point. They did hold that this
great attribute of sovereignty could not be sur
rendered. Did the Company refuse to take the
Public Works on those terms ? No sir, they
chose to take them with the burthen. They
afterwards ratified the contract.
But that is not all; gentlemen say that the
Company gave more for those works than they
were worth. How is this ? Were there none
purposes, pretty we.
And, I am free to say, that I think it is very
well for us to have got rid of them at any
price. But still, this is not the point. What
would they haver brought ? A bonus tempta
tion was held out to the Pennsylvania Railroad
to buy them ; and the Company were very
willing to grasp at it. They took the works
on those terms. They affirmed that contract
under 'the judgment of the Court.
Suppose they made a bad bargain, whose
fault is it ? Are we to relieve them ? What is
the tonnage tax worth now funded ? Of how
much capital will it pay the interest? It is
worth some $300,000 per year, which at five
per cent, would make a capital of $6,000,000.
In a few years, looking to the increase of the
business of the country—to the increase of
trade on this road—this tax would bring into
the Treasury a net revenue of $600,000 per
year ; it will be worth a capital of $10,000,000.
All this my .worthy friend proposes to bestow
upon that corporation.
Well, Mr. Speaker, so much in regard to the
compulsory nature of this obligation. It was
an obligation voluntarily assumed, and which
the Company desired to assume, but which I
think, it was against the policy of the law to
[ allow, to be assumed under the circumstances.
But the worthy gentleman says that this
question is undecided ; we do not know wheth
er the money belongs to us or not. This is a
point in his argument which loverlooked. The
Company refused to obey the judgment of their
own Court. I do not pretend to claim that
that Court is infallible, by any means ; but
still the presumption is in their favor. Therein
a judgment, and as my friend from Lycoming
suggests, as to the consideration of that judg
ment, there can be no inquiry. That money is,
by construction of law, in the treasury of this
State. Whether collected or not, it is in the
hands of the Attorney General ; it may be col
lected ; the corpus of the fund itself may be, in
point of fact, and not merely by construction
of law, in the treasury within a few days. Why
is it kept out ? Is there anything in the writ
of error allowed by the Supreme Court to pre
vent its collection? If there be, I have not,
heard of it.
Mr. ABBOTT. I would ask the gentleman
how he could proceed to collect ?
Mr. WILLIAMS. The Attorney General has
charge of the matter. The order of this House
would bring in the money any day, unless the
Supreme Court of the United States should is
sue a writ which would operate as a supersedeas
of execution; which, as far as I know, they have
not' one and cannot do. I think the Pennsyl
vania Railroad Company can hardly dictate the
law at Washington at all events. I feel very
confident, therefore, that there is nothing in
the action of that Court to prevent the enforce
ment of the payment of these moneys.
Mr. ABBOTT. The gentleman speaks of the
validity of the claim. I ask, how is the money
, 1 to be made ?
Mr. WILLIAMS. By execution. There was
an execution out and a levy made, as I under
stand.
Mr. ABBOTT. Against what ?
Mr. WILLIAMS. • Against the Pennsylvania
Railroad Company—a levy upon its property—
or I suppose it to be upon its property—if it has
failed, Ido not know it. There is, I under
stand, a fund abundantly adequate to make
good the claim. have the atsurance, as
Stated before, of the late Attorney General,that
there is a large amount of money which the
Legislature can put its hands on any day, that
it may be wanted. Do we want it or not ?
Mr. ABBOTT. The gentleman would not be
willing to risk his own interest on such suppo
sitions.
Mr. WILLIAMs. Ido not understand that
this is upon a supposition. Does the gentleman
mean whether where there is an execution,
with a levy upon property adequate to pay the
debt, I would risk my interest on that ?
Mr. ABBOTT. The gentleman proceeds up
on the supposition that there is property to be
seized under that execution. Where is the
property that can be levied upon and sold?
Mr. WILLIAMS. Has it come to this—that
this powerful corporation, owning almost the
whole Commonwealth, has nothing that can be
sold ? Ido not believe that there is nothing in
this Commonwealth strong enough to hold this
Company.
Mr. ABBOTT. Allow me, with all due de
ference, to say that the gentleman's reply is
mere evasion. I merely wanted to bring it to
that point.
Mr. WILLIAMS. Will the gentleman put
the question again ? I think I have answered
with a directness not to be complained of, to
every question put to me. He has asked how
is the money to be made? I answer, by execu
tion. But he insinuated thatthis huge institu
tion, the Pennsylvania Railroad Company, with
its Briarean arms grasping all this State, and
with a revenue of $2,600,000 a year, has no
property to be levied upon—that it is to come
into our Courts as an insolvent! I do not
understand what the gentleman means. The
State, by virtue of its prerogative, takes preced
ence generally. But is it true, that all this roll
ing stock is mortgaged in this way?
It is a new thing if there can be a mortgage
on rolling stock. It must be a doctrine intro
duced for the benefit of the Pennsylvania Rail
road Company—a doctrine against the policy
of the common law, which makes the custody
of the article in the hands of the mortgagee th©
only-security ne can have. It is a departure
from well settled principles. Ido not think
that the supposition 'of such a mortgage is ap
plicable to the case. But, at all events, there
were the means as I have stated.
But now as to the fact that this matter is in
dispute. If this money comes into the Treasury
and the judgment'should be reversed by the
Supreme Court of the United States, it must
be paid hack again, I suppose. But how are
they to claim it in any event? They say it is
not levied upon them, but levied upon the peo
ple. And, in point of fact, by way of making
this tonnage tax odious, they charge in their
bills, which I have seen more than once; so
i much for freights, and so much for tax. This
tax—which is not really a tax, but a bonus—
they assume to be collecting for the use of the
Commonwealth, from the foreign and do
mestic tonnage, or, as they say in the
Supreme Court of the United ;States, from the
foreign tonnage exclusively. Well, sir, if they
collect this in the name of the Commonwealth
and for her use, they are the agents of the Com
monwealth, and are bound to pay it over, even
though the State had no good title. That is a
well settled principle of law. We have a case
in Pennnsylvania which reaches that very ques
tion. I say, Mr. Speaker, that although the
State may have no title, if the Pennsylvania
Railroad Company has assumed to collect this
money for and on behalf of the State, as a tax
levied for her use, then the Company can have
no defence against its payment, whether the
tonnage tax be or be not . unconstitutional.
This, al r. Speak, r, is about all that I intended
to say upon the subject. It is in answer to some
part of the remarks of my friend (Mr. Aancrer)
which I had overlooked.
Mr. SHEPPARD. I, sir, and the friends of
this bill, have no desire to enter into a discus
sion of the merits of the bill upon any single
section of it. When the bill comes before the
House on its final passage, all the merits of the
subject matter contained in the bill will be
properly before the House ; and, I will say then,
what I have to say on the subject. Gentlemen
have taken the opportunity to discuss the
whole merits of the bill upon the amendments
offered ; but the friends of the bill have no
such disposition ; and as there is a session set
for this evening at seven o'clock, I move that
1 3,...it0i11.
`;,House do now adjourn.
i'EAKER. The motion is not it i ord r,,
..oe
~, - en nobusiness transa?t.ed since a
mottilar....o jourriVris made anq voted down.
The question being: .on fle amendment of
Mr. ARMSTRONG,
A d
The yeas and nays ere required by Mr.
COT=S and Mr. I STRONG, and were as
follows, viz
YEAs—Messrs. Anderson, Armstrong, Barns
ley, - Bixler, Blanchard, Bliss, Boyer, Brodhead,
Clark, Collins, Cope, Dismant, Donley, Dun
can, Elliott, Frazier, Happer,Hayes, Heck, Hill,
Hood, Irvin, Kline, Lichtenwallner, Myers,
Patterson,Reiff, Rhoads,Schrock,Smith,(Berks,)
Stamen, Stoneback, Strang, Tracy, Williams
and Wilson-36.
NAYS—Messra Abbott, Acker, Alexander
Asheom, Austin; Ball, Bartholomew, Brew
star, Burns, Butler, (Carbon,)Butler,(Crawford,
Caldwell, Cowan, Craig, Douglass, Duffield
Dunlap, Gaskill, Graham, niilman, Hofius
Huhn, Lawrence, Leisenring, Lowther, M'Don
ough, M'Gonigal, Marshall, Moore, Morrison
Mullin, Ober, Osterhout, Pierce, Prestor
Pughe, Randall, Belly, Ridgway, Robinson,
Roller, Seltzer, Shafer, Sheppard, Smith, (Phil
adelphia,) Taylor, Teller, Thomas, Walker,
White, Wildey and Davis, Speaker-53.
So the question was determined in the nega
tive.
On motion of Mr. WILSON the House
Adjourned
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Price $3.00. ,Fold by M. WHINNEY,
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AUDITOR'S . NOTICE.
r j SHE UNDERSIGNED,Anditor appointed
1 to distribute the balance in the hands of Joseph
Miller, Assignee ofJaSEPH H. HAI/11E0N, among credi
tors. will attend to the duties of his appointment on
THURSDAY, the 28th day of Eebruary,lB6l, at 7 o'clock
A. M., at his dike, in Third. street, Harrisburg, when
and wlisre all interested may attend if they think proper .
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fetid-arty - Auditor.
NOTICE.
DETERS' MOUNTAIN TURNPIKE
Jk. ROAD COMPANY.—The President and Managers
of the Peters' Mountain Turnpike Road Company have
this day declared a dividend of sixty cents per share on
the capital stock of said company, say three per cent.
per annum, and directed the same to be at this office of
the stockholders, at the public house of J. D. HOFFMAN,
in the city of Harrisburg, to thestoAholderti or their le
gal representatives after the 10th.
t ett e, at w it J. S. MEHARGOE, TreaSurer.
NOTICE.
ALE PERSONS are hereby notified that
we have this day dispased of our entire manufac
turing business to Messrs. MILLER & HOLLINGER, who
will continue it as heretofore conducted by us, at the old
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The books of the firm have - be , n placed in the hands of
Mr. JOHN MILLER, JE:, in State street between Filbert
and tthort, for settlement, and all persons knowing them
selves indebted, and those having claims against us are,
requested to mate immediate settlement with him. z e
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