New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-11-23
THE ALBANY BRIDGE CASE.
Argumrni Of Hty.dy Johnson. AGAINST the
Bridge.
TZs Hor. REyARDN JOHNSON delivered tbs
closing ,rslm.at in IA Aslf of the complainant

question, presented in Tire case oc''e Your "'to's'
md opyv Tree. t,:nk Ia OF them are qusst'oss
purely II law and one ,tthem ., mixed Question OF tscs
snt Of law: sud propose TO y eaA 10 'hen N tho
order in which am sbou, 20 state u 'u''
IT, fir, is whsiher ther- is any Ia a''on apoa 'ss
power II he S,asss TO lce,ate in - "00 " 'n'~
rayissSe waters.
Secondly # there ia such restriction ~ etHeI tns
bridge proposed IN be cons;rsotcJ bJ IRE De ~"~
ants, utCt the authority Of statute or s$Afutes "
New.IoIx, Is viii IN Il.
Ani tie third Comparatively uirnpors-,t ,xrep. 80
relates to tie psrtiesto this inmss.ac ccntrvSeuyt
IL sssumi; : tha; the propositions Involved ~ the two
pgec,t.Ig QCSs,ions arc We. the whether
he las rghs ~ complain and is TIE rene 81 which
10 = Is at She hands of this Court appncp-isA
In rsirg 70 address your l'cuors upo. the frs. two
questions, feel, whou, any aaecta.ic, more thar
Tie ordinary soNcilaie which &lorgs 20 the res.i,u
otecntsel, when rmcuber the value Of .he Interest,"
whc4 - Immediately dependent npoa thS decision
and a. still greater ntcrss; which. in tie futurc.
mus; be Affected yi,. That anxiety is the greater.
toc rom The character of the questions Themselves
uyoyiue they do the relative power OF the Gov.
eminent If the uritd Stat. and he Gcyurrnerts Of
the Static and having heretofore .eived the ,xsm-
inson Of some Of the and wi,s, minds 10 tina
lard both at ;he bar and The bcuch and az ..nles
II The legislative councils OF the country.
1t is impossible not to feel the irksomcress cf any
attempt upon the part OF counsel at this time of day
20 add anything, even by way Of suggestion to ths.
srgumt upon the side or the other, which your
Honors will end in the recorded annals of the country
legislative and judicial Aud the learned counsel who
have pyece led me upon both sides have brought To
the Discussion 80 much ability that feel conscious
the -ube had rot been before exhausted II must be
considered exhausted now. proceed therefore,
with the duty which il upon me, aud which undw
ether circumstances wosd very willingly avoid. to
Il il be pcssb,, hat may be- able TO submit 70
the consideration Of the Court some few eonsidera-
,ous, rHh,r Illustrative than otherwise, of The argu.
meut- to which yom Honors have already SO at:ea-
lively steued.
The rs. Of ,hc question. il, what, il any, il the
upon the power ot the States over shc leg's
lat.on ot 4 state as Ia !ts nayigablo waters
shall divide what have to cay by CONSIDERING
fret, 2heher that restriction is or j. not absolute, ny
virtue If the commercial clause 10 the Constitution u
the fni.I States aud secondly ifit is rot whether.
FAR relates 20 this particular controversy has
not become absout. by virtue of Congressional egs-
stiop legitimate under the constitutional power Of
/ the United State.
with refcrcuce 70 either Of those inquiries. "a your
Honcrs of know, and in relation to all analo-
! gous auestons. involving the Interpretation OF Tho
organic laws Of the United States Il isa legitimate
source Of instruction always to what the condition
Of things R, the time the Constitution Was adopted
wac aud what were the evils supposed to he conse-
qncu, upon that condition. For after having clearly
ss,ertaed the fact in relation to both those inquiries
il will 60 great way to aid in correctly interpret
rg what The object 1t The particular power 10 10
| inquired into.
Antecedenty to our revolutionary struggle tho Coi.
ories each, far relates to this question OF
themselves. The restrictions under which they wore.
whatever they might have been ffom time to tune.
wee the restrictions imposed 10y The government OF
the Mother Country, to whom they Owed "IogI"nce:
1t became therefore, important, in order to carry thss
revolutionary struggle 10 sreeossiul tcrmina'on 70
atopt form of government calculated To keep tho
colonies together IA one nation, ana the A'tN~s On
Confederation were the result. Tho struggle temlnx-
ted fayorably for the nit,d ~ ltes, and most advan
tageousy for the word at large, rs all now sdmit:
aud the great ard the wise and the good men who had
- Il. anI Il.AI in thafa
cees ul attempt to win for all common freedom, nst-
rally watched with parental solicitude. and with an
sleiy inscparabe from tho conviction under which
they were thca that union of all was all important
to- enable 60 enjoy practically the benefits OF the
freedom which we had won, of To preserve It. They
looked .th anxiety at the working of this first fosIa
| OF united government. They wanted TO zee, If such
We're Ia b. seen, what were its defects what, WITH
reference to the pTospo ty and the continuance Of tho
nion the dangers incident to tueh defects; and
the result was every student u his countrys his-
tory know. that the defect which Of all others gave
! tho most alarm-crea.ed the most apprehenson-nos
only with reference TO then immediate prosperity,
but for our actual existence people, was the
i-tence II coDnictng hostile ald incompatible com
mrrcial regulations
Your Honor. Will be saved trouble by looking to
the opinion Of Mr. Justice Johnson in tho Of Glib
bons Ogden in the 9TH Wheaton, in which you xil
find the resou,onso of NowIcsey aud the resolutions
proposed by Mr. Madison to the L. gslature Of vir-
gina and lbe report made upon them ard by refer-
rrg to the third volume Of Mr.. Madi-ons Debates Ia
the iULtef'DD, pH1s ,Dc't-tbht tne Necessity Ot n
CoyernIn, Different and in Iii. pa ocular pow
eIlll than the e., ycInmont then existing, was, IN the
opinion ot Jersey in the opinion Of Virginia. and,
locking to the debates in the opinion ot the great nsn
who Illuminated the days in which they lived, aud shed
much light every clause proposed Ia be 'nsored
in the Cousitutonit the very defect or 10 speak
more accurately, the absolu,e o1seacc OF any uniform
power to regulate commerce With foreign nations, and
among hc scyeral Sstes and with the Indian tribes.
Mr. Madison, in debating the form which tbIs cla'lss
should assume in the Constitution, says in substance.
ii not in words, atng the opinion 10 Do found in
the resolution offered By him, to which have ad-
yeTtrd and in the report subsequently adopted by eho
Legislature Of Virginia, that the more and the more 90
had thought upon the subject, The better satisfied No
had bccome hat he commercial p2.r ras IN n.cJ 81
| diri.,bL. and shOuld yest rMh oac G0rcram,Rf.
With these aide, may it please. yonr lionors when
com. to discuss the meaning OF this particular
clause that Congress shall have the power to regu-
lat. commerce" you bound Ia consider /. 10 Tho
same .ersc It, in addition to the claIse ~ II stands.
they had gone to state he object of invest nX Con
gre.s with that power By saying, that they shs have
power 10 ulate commerce, IN order 10 pull "a e "
confc ting legislation upon the part OF the Sa'e-.
The next question - taking along with u- the h,s-
/ toicsi fact 10 which have adyertej, what Is the
meaning of power. a. conveyed ~ the wVras y
They are ia the sth clause Of the LIT article and give
! the power 70 regulate commerce. Ihi, tel!s US
! nothing of it,eH. Before We can unferstasa
! the tcope of that power-beiore we csn' CON-
prehend exactly what il includes and what i eKoindas.
/ we me 10 inquire. what is COMMERCE IL hss ever
been held AID the proposition IL apparent upon tho
face OF tue instrument that the Constitution ut the
| United States deals no, in definition. " prohibits
State power in certain by positive prohibition
II nstcs in certain other casc-, the power grans~i
exrusiy, bat does not undertake TO define, except
20 far ~ may be considered defining il by prohibit
ton express upon the States prohibition IN the terms
ii the power- doe- not undertake to dsnethe power.
| Whatever, therefore, when the power was sraaten.
In tbi. or in any other case waists then popular mean
ing Tor the ins, rument addresed to te Judgment
the people of the Intsd sa,e. lor the, ,nsn c.srn
A. NJ Ia he observation-disclosures, 10 the popular scnse.
| In ;se. when the Constitution was "hpied w.s
! r. -, ;lp the OF the DOW.f. W lat,