New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-03-31
Nex,-yersey vindicatcd.


DO for the establishment OF he" Hne VI iaiiiV"u
from New. York to. toward Washington The exc
elusive privileges granted by the State OF NcwJersoy
to,ba railroad company, from which it derives rev.
epue Of $4,000, The TRsUSE Indignantly demands
shall be made void by Congress and takOs for granted
the existence o! such destructive power In the National
Legislature. M t-
Ills because Of the reputation Of IHg TRIBUNE for
bomely honesty and the weight its arguments conse.
nuentIy have that oel enboldened to ask bearing in
Us columns 10 answer then in behalf Of the State In
which live aud Of tho private interests Wnch wa DC
sacrificed by TIE passage OF the measure IN 4us.on'
Tie measures three fold. First; An air hne 70 ps
built BY the nation Second: IN limo, 70 DO o1ity
private enterprise Third The scheme OF maSii,g .He
Raritnn ard Atlantic Railroads National Post Al'sry
and Commercial roads Ths first il has already been
determined by Congress, y is ineIpedlent Tor IRE 10Y
ernuent to undertake The second an airline 10 DC
built w private enterprise, is pending
jersey has mos. solenuly and recently rernon-
straied against this so far Ne u y proposed "
he within her borders: she is compelled 10 this re-
monstrance by every consideration OF honesty and iaI
dealing with her companies 10 whom slo hes granted
exclusive PriyiegeA aud nom whom she receives an
IuAliy the consideration. .f ' .
Whether Tie bargain was wise unwise. expedient
or incxpodicnt-sheher the policy was sound and ms
ticral or Jrrrov and selksh-she agreed 20 IT, What
ever may be the trr coasruc sion 0f she National Con-
stitttion in favor ~ against such agreements the
State did MOI pass ;dc laws (Which Congress II Is pro
posed snail abrogGte) hastily nor was 1t without ols
elaboration both by the people o! the state ana oy TIE
various departments of the National Goyernnenr
As early as the year 1900 Nj. Jefferson recomnendtd
an amendment 20 the Constitution Of the United Stats
~ authorize Congress pass laws for making roads
snd canals. Mr.. Madison in 1911 MI. Monroe IN le2
and Gen. Jackson IN o9 mao me recommendation OF
Citizens Of NevJersey Of capital and enterprise, in
common With others Of different states time aaor time,
urior 10 their publication 10 NcwJcrscy. spilled 20
Congress to exercise the pover which four Presidents
have recommended should bs given 10 Congress by a
amendment 10 the Constitution shd wblch Ia tne IAN
guage Of Gen. Jacksoa has never been exercised w
tha ~ n IA sill
after Congress had failed to exercise the power OF max
ing roads and canals. and Hnu three FresdeIts RAD
vetoed all measures looking Ia that direction and Con-
gress Ind acquescea in escs case and declined to ex
ercse the power, that the policy d tie 81 was Geef
nincd In the year lt1 Nor was Inc ooonion 81 we
National Government Influenced by partisan odnsdera-
tons The advocates and opponents OF tse power were
from the bosom Of tie same political party
Several Of the States considered tbe question settled
,ryipst the Dower Of Congress as carly IS sl7
later; but New-Jcrsey scsucsced Inst TIE viudica-
ton of the power OF the state at this dny over we
20 interfere and disregard the laws OF state WIN
reference 70 highway or TO invnoe tho teto! OF me
State and itself construct authorize others TO con
struct and operate railroads IN state sgsnst lIs
consent does not upon the ancient and continued
denial by the National Governments OF any rshiiui
power in itself the subject bus repoSes npss pr n
crlcs lying at the foundation Of national fabric. 1t
State against the powers Of the National Government
sight must not be los. Of the the phase bch ths
subject presents IN The Rebellion. Whatever may be
the effect upon State Of the rebellion Of Us people
"
new obligations posed upon, ard new powers asd
new rights vest in the National Government is ls
expressly provided that tie United States sha garn
tee republican Government to each State.
When the citizens OF State throw oH their allie
glance to the United States they oyertrrn their Gov
eminent; for the United States Government and thet
of the State together form but one Government The
regular Government being oyertArown, the United
States under the poitioalnot merely egal-obhg1-
ton TO guarantee a Govern meut, and have the
right and bound do s thin necessary to sette
and SET up republican Government in tao stste and
TO that end every necessary convenient power may
be exercised within territory Of the state Snt the
State Is settled and the republican oSernnont set sr
doctrine-ulro stionnlnm--which woosd orlng ever!
subject within the power Of tue national pert VI our
Government is not at all neoessaTy 70 proper des!p
with the insurrec;ionary Sta,es Recently oaate'
Rights Though oPrssoHtly have not really, been sci
aside as doctrines iBeOnsistent with National OK.
istence On the contrary there never was time when
with reference to the obedeDt loyal States it
so essential be tender OF State rights which really
exist and which 1ecesssry TO the harmony and
power Of the Nation. The power Of Congress aganSt
q States consent ~ make roads, &c, has been put
upon six different grounds. Three OF there have been
abandoned for 40 years a.. Tho common defense ard
general welfare clause (b). To make al necessary
laws to carry into effect specific power (c). The
regulation of the Territories; the powers TO establish
post-roads; TO declare war and regulate commerce,
remain. But Congress have power " condemn land
clearly gl nave no. for 2r:iscstonf That in time Il
war military commander may take possession Oh the
citizens land and erect fOrt, we all know but the
Constitution provides that Congress may exercise
elusive Legislation only over places purchased BY the
consent Of tie Legislature Of the State in which the
shall he for the erection of forts 60" SO pbn is the
land necessary for road that in the digess Of the
whole seventy volumes Of the United States reports the
very title Of Eminent domain" is not to DO found
Says Mr.. Monroe. the territory contemplated by tho
Constitution belongs TO each State In It's separate
character and not 70 the United States in their aggre-
gate character 1t is the State alone which has the
power Of Eminent domain. Again;
every act requiring auy legislative sanction Whatever
the Stats authority must De relied The condemnation Of
lands the establishment tolls lave for tho protection OF the
work when finished mus ss saihof t by tho stsis
Maryland Peupsy and vrSuiA AoEeh. neeessary
70 Esg ne 'S.e sse,s n., r..aesitgs L.gG S 2 o.
legislative Gpprorfns le rosie asd ding for the
chase and Condemnation Of he land In this instance tho
UHd Sates hare eyei'ed no act adiefon sovereign
ty within er @ she States by passing acts for tho potec
ton Of the road to raise from 1t by the establish
prineipe Of jBrdictiono right Whatever they have
done has the contrary been founded the opposite yi
sovereignty belonged 70 State and too United
States and that they eoudDeoy act thh could tend T.
weaken the power Of the State, or to assume any to them
selyes" o.
Even after the amendment which Mr.. Monroe pro-
posed 10 make to the National Constitution 70 give TO
Congress the power OF making roads and canals lie de-
clared;
The jurisdiction Of the several States may sg exist
the roads and canals within their respective Euts, extending
tect such improvements bad not been vested in CONGRESS If
is thought proper 10 this power the United States
the only method by which can be done by an amendment
~ the Constitution"
Ii was before said that the decision Of the question
against the power OF Congress 10 enter States terri
tory and make roads without the States consent, v9s
made without reference 10 party considerations and II
is true party question was long sterward made Of
the Of Congress- with the consent and the
solicitation OF State 10 appropriate the public money
for Improvements OF National character. The
public National treasure. which Monroe always
admitted. Congress has the power 10 declare war,