New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-02-21
tombstone will be found inconclcsive and unsatisac


dcton of tie State ard from this le argued that Tie
present bin Is Unconstitutional But the Senator viii
allow to suy that his proposition Is not suieienty
broad for bis eonelusion Ihe present pii does nos
touch the Internal commerce Of State except so far M
it may be a link IN the chain OF commerce among
Sts" which is committed by the Constitution 70 the
Jurisdiction OF Congress Mark the dlstihction pia!
you for 1t is essential to right understanding OF inc
case.
From this nnrpicublo proposition the Senator passed
to another equally nGpplicable. lie asserted that to
Jurisdiction Of State over all territory within its limits
was exclusive SO that tie United States cannot Obtain
Jurisdiction over any portion ieIeoi except by assem-
OF tie state and from this aglin he argued the nncou'
sttutonay Of The present bill But tins very llutlfa
lion seems TO have been anticipated by Nr. Justice
Story in his learned COmmentares, where b. SHOWS con-
clusvey, FIRST that il is inappe Ibe ana secondly thh'
far il Is applicable. it is favorable to tie power
Here are lis words:
The clause re pcctinr cefson, Of territory for tho seat OF
Goyernmcn aid ioi ioris, arenas, dch yMis, &c 20
nothing to do with The point. b1' ""'a' "'''"''' :"
ut surely vii not be pretended that Congress could rot
sfor nssszne in place within state un,e' ,he
state shond cedr the TERRITORY The eject would BE- that
the jurisdiction in such would NOT Dc exclusive spp
state should prohibit snle Of sny OF ne lands within s
boundnri,s by IT, ctz,ns for any public purposes ind
f'rsabe for ihc Union either mileIy o. ciNi W.o no
pa,e land within the State for srch purposes makins n'
conpcn aton Eyusire uTifdcon oar road IS one nng
tae lo, 10 make is qne another turnpike company may
be nuho, zed 10 make road snd YET may have 10 jnf
dcion a. l.s.t exclusive jurisdiction over IT, u SfoV
on Con.,ifGtign sec. Ill6
Had lie distinguished commentator anticipated the
argument Of The Senator from Maryland he could not
have answered il more completely
Passing from these constitutional gereraltes. the
Senator came 1T h assumption which II tvere
sustained would limit essentially the power Of Congress
with regard 10 post roads. According 10 him, tie
words IL the Constitution authorizing Congress 10
post roads mean only that il shall designate
roads ready OK sting; and in support Of this nssunp
ton he relied upon tie message OF Mr.. Monroe in is
on the Cumberland road. The learned Senator adds
that this is "the received opinion uniformly scted upon
ard siGoo recognized as the correct op'nion ny Tue
Judiciary" OF course lis testimony on THIS poinl j.
mportant but il is ovcrrncd az once by the authof!
have aready cited, which says that 1.-The power 10
establish post Offices and post.foads las never been
unde stood TO nc.nde no more than the power 10 po
omn nd designate post-oiiees and posifoads. tss,y
Commentaries vol ., sec. ll3b) IN the ihce Oh nI.
Jutce Storys dissent, expressed In bis aHthorau,e
Commentaries it is impossible to say that IS Tue
received opinion as las been asserted D! tno Ssh'lc
Bu the learned commentator insists that tle Consul
uton itself uniformly the word tsfabhh IN tue
general sense and never in this peculiar ana narrow
sense" and after cnumeraing various places WHERE u
occnrs saws 1T Is plain that 10 constne the "Ciu III
any Of tbee cases equivalent To- deSHdfs or Poini o
would be absolutely absurd. Ibe clear import OF VIC
word 1. 10 create and form and fix In settled mannef
ITO establish posofces and pos'-roads Is to traHc
and pass aws erect make, !Ofm regulate qua pre-
serve them. Whatever Is necessary whatever Is
appropriate 10 this purpose ia WITHIN ne pow rt.
did Sec ll3l) inigh quote other words nom INC
sane authority; but this is enough 10 'ndicate the
power which the Senator has dcnicd.
Eu here il Is NY duty 10 remind tho Senate that Tho
|
moi only false IN It's assumption. but that tie essunp
ton even II correct is entirely lnnpphcabc on We
present occasion The bill now before The Senate does
not undertake To- create but simply 10 desS nate or PoH'
out certain roads Therefore II does not fall under te
objection which the Senator has Gdducod Even by MS
own admission il is constituiional.
But the Senator. bot content With an erroneous ns
sumption concerning post roads, which, even u correct
~ entirely inappcabe. made another assumption con
corning another clause Of the Constitution which was
eauslly erroneous and iEappcable. ITO Senator
argued tina, the railroad charters IN NewJerscy were
grants in The nature OF contract aud that they were
protected hy Ike constitutional nhib!hol upon ote'
Interfering with contracts" and here he referred u
several decisions uf the Supreme Court OF tie Lnite'
states do not trouble you With the decisiobs- i,
will be enough call attention 10 the precise te,t o.
the Constitution. which isi No Sdr shii pass ~! ia"
iupairiug the oil CATION Of contracts"
took ri these words, and IL aears In TIE hrr place
tint his prohibition IL addressed 70 Tho Slsts Gna no
T. Congress whose powers are not touched BY lo"A
still further at The railroad Charters ana even hdt'
that they were grants Ia tho nature OF contracts uu
you cannot deny that the contract must De
with reference To the Constitution ~ the United sieior
Learned udges have held that the law OF the place
here a contract IL made not only regulates and gov
it. but sossiaies Part Of iht eosf'ad f.y tS,uI
| gis vs.. Crow mir Shield tWhcsi l22D but " the u"
constitute. port u the contract. sti more must IN
Constitution. Apply tins principe and the csse IL ear
Every railroad charter hes been framed snb)cc, u 70
exercise Of the acknowledged po~er ftongtess, sh
which implied In the grant ~ essential conditions
not less than ifthey we're se forth expressly. Tue %
preme Court has decided ih-t all cOmrhcts are mho
u,oet TO tiiu TgL Of smn<nf d0sfH tLat they can
not be considered rs violated by the exercise OF III
right" ClLe West River Bridge vs. Di1. Howard
51) But the powers ~ Congress Invoked on tie pres
er occasion TO regulate commerce among the severa
States. 10 establish post roads and u raise ana eqniI
armcs In the nature OF an eiasnf doM@ia 10 "hci
al local charters are subject. Therefore. l reieh
again Loihlug IN proposed impniTing The obligation
Of contract eyea ii that wen known prohibition were
From Thee details OF criticism tho Senator jumped 4
br, aAor proposition He asserted that the rendin'
measure Was destructive VI the sovereignty Of III
Staies and he even went 40 lar as " ssy thal ~ wa
the same II sou sold that all state Icgsiauon mi
and void These. sir were his exact words. How th'
Senator. even In any erior OF advocacy, conhi ba'
venuFcd on this assumption IL is dihicnt 10 conFre
| bend. Here ~ measure. which. A.. i have ahead.
demonstrated IT, founded three different texts OF th
Constitution which H. upheld by three unassaiable cup
ports and which sin essential harmony with the Unoi
itself: ond yet told that Il Is destructive OF h
sovereignty Of the StGies Such an assumption s0em
uttered in the yeIy wiiGness OF unhestang advocacy
II it isonythng bot phrase, itmust be condemn ed
not only wit.ost Foundation. but as loste to ~
| best interests Of Lis county. .
/ ST. tie pending 10 In no respect destructive
Of the sovereignty OF the States; nor does II In aa
sense say that all state gisation Is null and vod. o.
the costrIy, Ii sic ply asserts plain and uiqueston
able power under the Constitution of the United states
lin any way IL sea,s 90 Touch what - invoked ~ at
sovereignty. to set aside any State legisaicn l: i
only In pursuance az the Constitution. II Is simpll
hecsuse the Consultation, and The laws made IN pprs1
anoe thereof are the sasprsne lao 81 The 'GHd
4 But the assumptions Of the Senator bring me beck
the vital principle with which began. After exhibit
ing the pubic convenience involved IN The present cues
ton sand that II concerned still more the unity 81 h
Republic. IL is in shcr'. tia. identical question whcl
hoe 20 often estered tis Chamber. and which ID nov
cons Using t.s land with bloody war. 1t is the ques
ton Of the Union Itself In his ardor for TINT vampire
monopoly which. broodiHg 0ye- NewJersey sucks tb'
life food Of the whole comfy the Senator from Mary
land SITS M mOst dangerous presntiOns In tho
State ghts Sir tie Senator filings into one ssae tn
preiersons Of State righta Into te other scale fi1g
/ the UIs IN Itself.
Sir. tbs Senator from Maryland Is practiced lawyer
and he cannot have forgotten that Nathan Dane. lose
name G en- authority In ossrts tcxs plainly that
the terms sovereign States" State Sovereignty.
"Siate rights" and rights Of States are not con