Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-04-09
THE RARIrAS AND DELAWARE BAY AND
CAMDEN AND AMBOY RAILROAD CoMPA-

CAMDEN AND AMBOY RAILROAD CoMPA-
MES.
Under the impression that the dill reported in
the Heuse making the Raritan and Delaware
Bay road a military road and post route would
have the effect to afford additional travelling
facilities to the public, we We're at first inclined
10 favor il; but closer investigation Of the
subject has satisfied us that the public has no
interest whate yer in the matter, the movement
in behalf of the Raritan and Delaware Bay
road being purely speculative one to enable
the purchasers of the deprecated stock Of All
Improbable road TO initiate 1t to point to ena.
ole the N 10 sell out and make a good thing of
the operation. The roundabout course or the
"elbow route," as the Camden and Atlantic
and Raritan and Delaware Bay .circumbendi-
bus route is appropriately termed, precludes
the poss Utility of its ever accommodating the
public as q thrs ugh route between Philadelphia
and New York; and therefore the public will
In no sense be the gamer should Congress pass
the bill. " --
But there are more serious objections to the
project, causing Congress to come to pause i'll
the consideration OF the bill, and which will
doubtless prove fatal to its passage.
These points OF objection made against the
bill, as set forth In behalf OF the State of New
Jersey and the roads she has contracted with
are as follows:
The Camden and Atlantic Railroad Company
%as chartered by New Jersey In 1859, to con-
to the Atlantic ocean. The Raritan ana Della
ware Bay Railroad Company was chartered i'll
ts54, 10 construct railroad from Raritan bay
TO Cape May, along the eastern coast of New
each other at point about 40 miles east of
Philadelphia, and about % miles south of New
YORK, and now Congress, adverse to the intent
OF New Jersey, is asked to consolidate these
two corporations, with Unlimited privileges in
the Stale, IS through. line between PniIadel-
rhla and New York, and to build branches
any where in the State, thus aeticaIly treat
ing New Jersey as though she had lost her SOW
ereien rights and powers as State, and be-
come only dependent territory
Both companies took their charters subject
20 act passed i'll 1882, declaring that it should
not he lawful to construct any other railroad
(than those of the Camden and Amboy Railroad
Company intended or used to transport pas
sensers or freight across the State between New
York and Philadelphia, which act was and Is
TO expire in 1869; and both companies, wher.
charged with Intending to transact such bust
ress, declared, N the oath of their Off GERS aud
directors, that hey did not intend to do So
Yet they afterw Tds entered largely into that
business. The ourt OF chancery Of New Jer.
sey declared tn were violating the law, and
that they must lesist. They ask Congress to
authorize them I, do what the Legis lature of
New Jersey never authorized them to do what
is contrary 10 the laws Of New Jersey, and
what they declared, under oath, they did not
Intend to do. They ask Congress to allow them
r.
sey, by virtue OF which they exist II those
laws are unconstitutional, the Supre me. Court
OF the United States will SO decide That court
Is open to the applicants; but they ask Con.
gress TO override the decisions of The courts
Inc corporations applying for the bill are
corporations created by the State of New Jersey
and specific purp oses, 70 develop her Internal
i'm proyement 81 stem, and not to Interfere with
iaea Of insernai rghts and aaa tsn n.s re-
cepted and established, ought not to be dis.
turbed by the United States, whatever the
United States government may itself do ia the
Wdy OF constructing NE W roads.
They are distinct corporations under the laws
OF New Jersey, and the bill now before Con-
gress proposes, substantially, to consolidate
them in effect as one corporation, with add
uCnal powers Of extension of road way within
tie State, and additional rights As common
carriers all subversiTeo OF the original intent OF
the State, and practically divestIng the State of
her reserved sovereign jurisdiction over them
within her own limits upoG her own soil, being
the exercise OF power not conferred upon and
pot beion ging TO the United States
The State OF New Jersey thirty wears ago At
An early period, when internal improvements
were an experiment on this continent, and an
experiment everywhere in their engineering
structure. invited asystem which might con.
meet the Delaware river and Raritan bay, aud
as an !nGUce-nent TO the enterprise, pledged her
ia IN not to legisiate ad rersely If it was de.
Neloped; but considering the expense of opera.
ting so short line linn ted the rate of charge TO
the lowest general practical standard, and
L
hflng the same principal ot>taxation now
adopted by the United States Tor Internal rev.
eBue. This being just system of encouraging
internal industry, by great economy and much
exrerimentthrough many years the best known
methods Of comm unication hare been estab.
iished, to-wit: The Delaware and Raritan
canal OF sufficient capacity 10 take through
sizing vessels anc steam propeliers for heavy
freight, and the Camden and Apboy, Phila
ttiphia and Trenton, and New Jersey rail.
roads, 10 convey passengers and light frelghe
quickly: and Congress Is now invoked 10 de.
stroy this system, and this established faith OF
the STATE, and TO subyert the purposes for
which The State created the Raritan and DeIa-
ware bay and Camden and Atlantic corpora
teens, To this end, under the plea that the
power given TO Congress ito regulate com.
GjeTee with foreign natlous. aud among the
s!ol States, and with the Indian tribes"
Eun!srs Upon II such 4 jurisdiction
IL is agreed that under this power "to regu-
!ais commerce" "among the serer1l States"
Congress has the right to pass general laps~ap-
Fhcable alike to all the States to regulate com
iLerce between them, s'or among the several
States" but the exercise OF the power 10 reen-
late commerce among the several States where
the jurisdiction does not attach or belong TO
any one or more OF the States in their State
capaeiiy,) Is a very different power from that
OF consolidating corporations specially and by
name within State. and empowering them to
extend branch roads every where within the
tate, and transact the business of a common
carrier wholly within the jurisdiction OF ana
IN defiance of the authority and rights of
New Jersey by the House bill, and that such
right exists iii the United States is utterly
GeEied.
The right and power of the United States to
require railroad companies, vessels, &c 10
cary the mails for reason able compensation is
iEdispu liable. and The same right and power to
have the troops and munitions of war Of the
Urited States conveyed exists; but as laws
applicable to all railroads have already been
passed on both Of these subjects by Congress.
the only cause for putting such pro visions In
the present bill Is TO make them q rider for the
inseraon Of private corporate privileges over
which the United States has no Jurisdiction
The inauguration of this principle by Con.
erfss would render this body liable to be called
upon 10 grant railroad privileges Though the
otner States, TO extend their bran chss to apy
part Of their respective States, regardless or
STATE authority, and to nDsettle the relations of
trade on which their success and existence
pends. The whole railroad interests of the
country would be impaired by the CO nmence-
nert OF such legislation. 1t il shown conclu-
siteiy ha: the presidents referred TO the
heeiiDg Bridge and other eases-do not sup.
trt the passage OF the bill.
In the ea'e OF the Wheeling Bridge. for in.
sianee, the action Of Congress was invoked to
ronhrm state legisiatipn, not TO suby 1T H. The
he Iazis 10,