The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-06-11
SATURDAY, JUNE 10, ls4s.

SATURDAY, JUNE 10, is4s
The journal having been read
JUDICIARY.
Mr. BROWN of Mississippi asked and obtained the
unanimous consent of the House offer preamble and
resolution which were read and adopted as ollows 10
wit
Whereas is the practice in some OF the district and cir,
suits against the legal Of deceased
before period prescribed by the State statutes for
mencing suits elapsed thereby giving to plaintiffs In
the United States undue advantage over those in
Rssoipa That the Judiciary Committee be instructed to
inquire into the expectancy OF SO amending the law as TO
forbid the institution q suits agan, the 81
such by the Suite laws such suit might be nsti
tuted in the State courts
NEW JERSEY RAILROAD, ETC.
Mr. TALLMADGE, presenting. memorial from sun
dry merchants of New York, asking for relief from
existing monopoly exercised by the Camden and Amboy
Railroad Company and the Delaware and Raritn Canal
Company the State of New Jersey, stated that in the
year 1873 the Legislature of New Jersey passed law
comforting certain privileges with the charter OF these
upon these companies the monopoly of trade and travel
upon the great thoroughfare across that State limiting
them, however to three dollars passenger and taxing
the 18th OF March, 1897 the legislature OF New Jersey
revised their charter and allowed them charge four dol
lars passenger for conveyance by day. and five dollars
by night but with the special reservation that they should
pay the State onehaf OF all the the
of three dollars per head for all passengers
(Which Mr.. r. said was UNCONSTITUTIONAL allowing
them to carry passengers for three cents mleso
making an nvidous distinction in favor OF their own
citizens, and throwing the burden OF the support OF the
railroad upon the citizens OF other States Feeling the
weight of this grievance these memorialss in New York
forward and ask relief of Congress similar COM
paint he said, existed also in regard the transporta
lion of the mails the State of New Jersey upon
this route They had exacted higher terms of the Post
reason he hoped that the memorial might be referred TO
the Committee on the Post Office and Post Roads.
y Mr. GoGGlN would ask the gentleman from New
strucon of road by the general government for the
purpose Of Transporting n4g the mail upon it,
Mr.. TALLMADGE said the memorialiss ask for any
relief which the government can afford.
Mr. GOGGlN suggested, then, that the proper refer
ence Of the memorial would be to the Committee Roads
and Post Roads have nothing to do with making roads
MI. TALLMADGE said these memorialsts ask relief
n double sspectas well in behalf Of travellers through
lion of the mail on the same route
Mr.. GOGGlN. Already similar paper had been refer
red to the Committee on Roads and Canals and he still
considered that the most appropriate committee for this
MI: JONES Of Tennessee. To his mind it appeared
anything to do with the subject in either view presented
by the gentleman from New York If the citizens of
New York and New Jersey taxed invdiousy by this
company neither the Committee on the Post Office nor
the question The courts, and not the Congress, have
sw such Congress
have no right to tax their through passengers any
more than their waypassengers, who citizens Of
Their R,S ndn an act would be only echaor
right to pass laws controlling the operations of railroad
companies acting under State charter. The power of
Congress this subject could extend no further than to
prescribe the to be paid for the transportation OF
the mails If he did not mistake, the Postmaster General
had recently completed and entered into satisfactory
arrangement for the transportation of the mail on this
route for the next four years. and this, he sad was the
first time that these corporations had consented to
come in into any written upon the subject that
had been led to adopt this from observing the ac
ton and determination of Congress towards the railroad
from this city, to Richmond TWAS in consequence of
the stand which Congress took with reference to the de-
mands OF the Richmond company, that the New Jersey
company have for the first time consented to make
reasonable terms IN contract with the departments and
the only way to bring these corporations their senses
was to prescribe the price to be paid for the mail
and If they do not come into the terms, provide for the
transportation by other means.
Mr.. ]. r. INGERSOLL called for the reading Of the
memorial; and the memorial having been read
Mr.. L. said that there wide subject embraced in
either OF the Congress of the Legislature of New Jersey
10 afford the relief desired But as the appeal came from
different portions Of the country besides the cities of New
York and Philadelphia for relief against this monopolv in
passage transportation charges well as on account OF
delays in the mail transportation
Mr. GOGGIN nterposed to say with the gentleman
of the mail by these companies were now made which
were understood to be entirely satisfactory the depart
ment.
MIR. INGERSOLL was about to remark as to that that
the arrangement has been made satisfactory as il can
be under the present state of Improvement the route of
travel But that was not the question which he regard.
ed The question he desired to consider was whether
was or was not in the power of the company TO over
come the delay complained of ?-whether il could he
overcome otherwise than by the survey and construction
of new mail route AN'o''
Mr. GOGGlN asked if there could be shown any nre
cedent Tor such proceeding, where Congress has or
dered the survey OF new mail route!
Mr.. lNGERSOLL intmaed that there could no M
doubt That Congress had universal surveillance of the mat
ter, and might direct the Postmaster General tn order
survey he considered that the subject most pronerl
belonged 10 the Committee on Roads and Canals
:, MT VENABLE said it the most direct appeal IN
the general government to step and PROSTATE charter
granted by sovereign State that ever came m his nnt
HE never saw bald assertion of The no,rer % ~
general government The New Jersey ersatnra hn ,s
grahted charter the operation of which is pro6aba 10
e czens and here Is an application to revise il bv the
interference OF Congresscoming from citizens who IL not
IN New Jersey, but only at the end of the road
vas question over which Congress could exercise M
Juso'euon IL the legislature Of New Jersey oran,ad
b more Charters or refused grant any, this House
~ mandatory power in the case If the CONSTITUTION
Was soea' me courts would afford redress If bv tb
charler excessive tolls for either passengers or an wv.
Were anowea. the evil would cure itself Tba De-,
Omce department had made sasfactorv ,rrano : us.
WIN the railroad, and there was no cause of cpnn;s
on that score L ne gentleman from Pennsvvau;np
lNGERsoLL1 revves the old doctrine that ~ os,ahtL
post road means 10 construct road This cont;nm.J NJ
W is doctrine against which protest ss hIi VII
do against any INVASION OF the rights of the States o.