New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-01-26

daciye to national or general purpose. Sos c,ns
Cor n A. 10 otirai ami general and not strictly INFER
nal Commerce means rcoro than trnliVi -, riobt
tereourse says CLietJustce Maisn Ioa o ~. ,Ien TO
Which the defendants say the section iV' ~ -,
collect and rs,rhnrse themselves for the duty iha %
their gross receipts be considered as ineIct NJ -"
general power ofaxaon is rot waved ITbe
he lie object for which the power was eohgIieu IN
~ of Xew.York agt Milne, IL Peters g.: p heP;'
1C2 Gibbons aet. Ogden, Wheatons g.. % l.
The Passenger Case, HowaIds g. 49,. fullest extent
jmt fiat the National Congress in the ererclse oI US
authority over foreign and inter-St,te cotnngdee 10
snnren1e II may admit, or II may IoIuse' iOie.6n
ell',.'-se pnt vhat / desire distinctly 10 impress
mon your uonor's mind Is, tha !he luCIouse VIZ,
a. uuied hy the defendants Conhsei 10 pS y
tbe section 1903 in tie rates OF Inc aIes W esc so.
oed ,onnauies Wolld if it were true, be TIE eXer'
Use of new and unnecessary power ana poNtI,
which, in tler case has no national o. polle,
! fo fIe nurposes Of the National Government. NE
nature OF this state poicep0wer was very Thoroughly
considered and fully described and approved OF by ne
Srprelns Court Of the United States, in tho case OF
s5tis agt Tie CRY Boston, in 'th HOwardb reports
| 456; one o. lie wel!-kn0wn passenger cases:
Now in the face of the settled law Of The supreme
Court Of the United States and Of tho historical Polcy
OF our National Legislation IL IS not O3y aOsurI uut
most impudent. for these fvepenny sreetrail oad
companies to suppose that in the midst OF this mites
tine strife and civil butchey the National Lesis atufe
pauses designate and apnont them rs speciai anu
ioe objects Of favorable legislative exemption nom a
common taxation. Congress !eesiaes loF mat oI
Of national utility. And corporations ard com
pallNs. lac tnt utltnuGNl, ltCtu III lh'A Nr
are the CREATION Of the inherent power OF THIS S:te
These corporations have connection with any otJec
Of National government; their sphere OF action Is
ika the State; they the creatures OF state parent
age; the State is the sole source OF their existence
Congress has power 20 create a corporation except
Il Is necessary facilitate the operation OF tie GoYerh'
mont, and the Institution has relation to one 81 more
If tic specified powers Il the Government ara mas u
National object. Il HgmltOn's Works, lAI our mu'
nicpa regulations, contracts. and internal DONE NC
economy aie controlled and governed exclusively by
nNVu ualiaV lleGa pulnnfAtlOlf
are Iecuarp The creation aud object OF Sdie hSise-
ton Congress has never yet nerered WIN Tue CON
tracts aud policy Of the states in such domestic hnt'e
And even in those where Ike the construction VI
the great National road from Cumberland to utehhE'
its legislation might have become opei 70 te criticism
OF infringing upon the doIreste matters OF tho 9a,
it's authority in favor OF the road was gwen expressly
sabect to tie condition that the States through Wnea
it was 10 PASS should give teif consent. And let NE
remark in passing, thai like proper deicIehce
TO the local economy and policy Of our niuhiclpe'
tiles is manifested in the General Ran.
road Act Of this State, when IT Polu.s
that no railroad shall be constructed in the streets %
any city without the assent Of its corporation tot
SION Iaws $50 D. 24l This is the usual, natural ana
nseul course TO pursue Congress has therefore noi
designed in this Tax Act Of is64 10 eu,h9i'se to -"
PENDANT company crt0tare Of Nto- l0rF hSs1'tv"'
ovorrido " Work law; TO violate its contract wan tho
rubc and to redress its own wrongs by us o"" suui
mar ect Congress had no such motive for 1t cannot
L addition To- or substracton from, change tie con
tract between State corporation ana ms Muclla'
itv Congress may, undoubtedly, as II has done witD
10 Is III mas uNAc IN 4tinAtvn
en-pace upon these mere creatures VI Sta,e leblsa
ton speIineambent taxation and 1t must do tLiS so
~ to raise the revenue without operating change IN
a contract, where one OF the parties TO IL is rs mere
A few quotations on this point from the passenger
cases r. Towards Reports and lave done WIN iHls
view Of the defendants assumption. Inc a.Ion %
the State is local end may he necessary on Dom SUP.
jects, and that Of Congress rs general; IN htlnsl
case is the porr tIeroised NO one doaot
fbs pouer Of the Sdie 10 rtREio.s IFS Internal con-
/ commercial action within tie IiDlfs
Of State, and which does not extend 10 any otnT
State foreign country, is erclustrty under Stau
regulation CoHgrets hare more power 10 control a.
than q State has to regulate eonmeTce nitA i9tris
nations and among tie several States hat
tho transportation Of passenger Is Pn,t % con-
merce is not now an open question -lMr. Justice
| McLcar1 Again: LET IL be understood That
in whatever I may soy upon tho power wA.ch
Congress has to regulate commerce win ioreign
nations ard among the several States ana WIZ the
Indian Tribes, tic ia,raGl trade Of STATE is no.
meant to be incuded that not bang. N q.g ray rHAs
gudting power Of Congress a!ne'l
Cases may indeed arise, wherein there may DC Duho
difficulty in discriminating between regulations o
commerce among the several States and tae
sucA rfquloions Of either description nil iood 10 u
sure line udch separates hem - Mr.. Justice Barbour.
1T Is admitted by all that those powers which reia
4 10 merey municipal legislation or what may be NOR
oroperly called internal police. not surrendered D.
q he States Tho case Of NewYoTk ngt. Mlac !
!, Peters. lO2. asserts this doctrine"-IMr. Ju'tic
" GIier .,,-,
Congress, then not having the power.it being mel
Their ''nccessaTy or 'prooer to erect nc fhsing
The national revenue 90 give this right Of indemnity
the defendant It's eject being 10 enable domestic cor
poraton 70 violate with mpunity its franchise an
AGAINST the often decliTed law of the supreme fedora
Observation-Disclosures insist that il foreign 70 th
purpose as It is maHifstly 10 ife historical pole!
the National Government 20 legislaie as 10 loo h'
defendants might reimburse themselves lie excise 10
Of two and half PER centam imposed on Their GIo'
receipts.
Yhsrdy-Bnt let u. take view OF It's actual operation
under the construction attempted by the defendants
lccuu spl a will ffnl a utterly .c0tle.
Congress lays duty or tax OF two and onc-half re
ceEtum upon The gross receipts Of TINS Railroad c'n
many This the Company claim they have a night, b.
The terms Of the very law which lays the tax TO coec
rom each passenger 80 az to reimbuFfe themselves
And they further claim that they have rsht 10 culoIc
the collection Of this indemnity money by putting
passenger who shall refuse 10 pay his Jars out - 90
car by authority OF tie 5Jth section OF no law OF III
State OF lsJo known as tie General Railroad Act.
4 Well granted, for moment That Congress author
lies IL defendants TO DO something in the premises
What IS thoti Now, if Congress author yes anytiini
mill nav be collected Om each passenger, by way
b lindemlifyug the company No more, 10 less. IL
fixed rate Of fare Is five cents for each passenger bn
about and one-qnorter mill from each Of them VII
r be sufficient 70 raise the authorized indemnity Of I've
and onohalf per centun o. Their gross receipts. NOW
then the practical qlG,lonis How are they 10 oo.lee
IN That is their difficulty. 1t cannot be made df
fculty for they the Intended boneEciaries. This
+ law why, there are no Known means By which Tn
thing can be legally in fact accomplished. The law
fu currency Of the country provides no medium b.
which The agsfngfT tender the amount Ot ono nn
one gnarter mill or by which he defendant collac
IT, Congress has the erclgs'rs power 70 com money
and "reguate the value thereof" Art. j, ss, subd
r vi the COnst. L. 5.
The sat- hrs no power 70 legslate the subject
an The emphatic language Of the Constitutions "
, Stafe shall coin money; emit bills Of credit,
&C. lsuEte ~ ie sn"I, e dem 'dcIneanor
Well then It that Congress has left rs helpti
70 perform its mandate Could the national cgsaur
have been blind 10 this the necessary result OF such IN
providcnt legisatiou Congress certainly must proTid
the means before it can exact or enable oilers ~ ca
! act compliance with this indemnify clause.