New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-02-21
The Union and Constitution agalna Edilfoau
Monopoly.
spEECH OF MIR. SUMNER,
or HAssACBvsbiIb

g.
Michigan, having proceeded to consider House
hill No sO7 to regulate commerce between the
States
Mr.. sUMrER-Mr. President, the question be-
Apre us concerns the public convenience 10 TO-
markable degree. But il concerns also the uilt9
of this Republic Look at it in lis simplest '1'in,
and you will confess its importance; Loon q,
1t in its political aspect and you vii IeogFi,~o
how vital it is to the integrity Oh tno Ill
itself. On one side we encounter iol 49,
Usurpation with all the pretensiois VI 10. ,I.N
rights, hardly less fragrant or PeiiLielous ma, I.l"
those which have ripened in bloOdy IepcIIo D..
On the other side ere the simple and legitimate
claims of the Union under the Constitution u
The United States. ,. prb.
liz convenience and the Union Itself IN i'S'
benefcent powers on the one side. Pubhe NJ
convenience and all the dlscord oil lilloieI"Oio
Slate pretensiOns on the other SIDE. n
The proposition on its face Is apphcanie u az
the States throughout the Union and III Its ri'a'
s,;nc;yIe II concerns every lover of his country
But it cannot be disguised that the interest WiiIcu
n has excited in the other House, ana also III tue
Senate. must be referred to It's bearing OF lhe
railroads of New-Jersey Ont OF tnls cNcn,ussa,o 20
springs the erdor OF oppos9 nsron me j!
glance for one moment at the geographical position OF
this State aud its railroad usapaion In 1he laH' Vi
State rights , .
look on the map or better STILL consult yonr own per-
sonai experience in the journey from Washington 70
Eew.York, aud you viii find that NewJefstl ne va
Ire grea. line of travel between the two Captas "i me
eountry political and commercial Thtreit Is dbte'N
In the ah 1t cannot be avoided except by crculoas
furney On his single line, commerce; psssens. v
hats troops-all must move In the cham Oh coiDiI -
ncaton hy which capital Ia bound ocaptd!n1y MOI .
by which the Union itself is bound together there is 10
single link of equal importance S'Ilks !, Sg
Navr
Che Union itself viii BE- oosened. But the eva sure 10
follow if this link struck out must follow also ID
propotionate extent from every interference Win tnai
perfect freedom Of transit through NewJersey which
now ask in behalf Of commerce, passengers, mails anu
troops. - " y...o.
And it is here this highway Of travel that pefnieous
pretensons have been set up which can De oNehrOWn
only by the power Of Congress Iae case r
Has undertaken 20 invest the Camden and Amooy Rai'
road Company with unprecedented prerogatyes Ihese
are the words Of the Legislature II shall not Do law
ful al sny time during the said railroad charter, TO
construct any other railroads IN this state without he
consent of the said companies winch shau oe lhteue
or used the transportation of passengers or
disc btpsea The cities Of NtT-York and PAi!Gaepaid or
20 compete In business with the railroad authorized by
the act 70 which this supplement IS relative (SeN.
Jersey Session Laws for lisa page 3s Here IA bare,
laced terms is the grant Of monopoly In al railroad
transportation whether Of conn cree. passengers;
nails or troops between Nee FORK city outside OF
EewJeysey ard Philadelphia, another ely oasidt Oh
New Jersey Or looking at this grant I monopoly
Sson Of Ts~Jrsey untouched it undertakes TO regulate
and appropriate the transportation between two great
ities outside of NewJersey. constituting from geo
graphical position the gates through which the Whole
mighty movement, north and south. mast pass
tbis monopoly Is offensive on its face. 1t becomes
tin more offensive when We consider the motive in
which il had its origin. By the confession Of is sup
portsrs 1t granted in order 10 raise revenue oi
1he State Of and business not Of the State.
ingenious device TO tax commerce, passengers
mails aud troops In their transit across New Jersey
from State to State. Here is confession. which vii
Be found in the legislative Journal OF New'gelsey a.
Committee of the coeesced railroads represented By
The Camden and Amboy Company
nice testimony best with the liz
tory Of their incorporation that The policy Of the STATE
S.s%ss.n the state. Of the UniSn ete
% y he ,a G OF ' %s,s ds ' '' sSen ho.
siies from Delaware River the Ratan Bay bat 'ha,
own State for trsyeins between intermediate places"
Here, again, toe policy snd intention Of Il
State clearly ind Gated In exempng her own citizen
6om The opers,ion Of this system ofts1s,ion'Psge
And here are the words OF another inhctionaf!
equally frank belonging 70 the same railroad con
In. Company believe tia. CAREFUL consideration OF ID
whole mater web from the provisions Of tie charter
so~ recurrence to the Pe1ioa when 1t was ssnsd VI,
ved only ciiss~ q other States Pas'HS through AeT
Tie spir. in which this tax has been laid will appea
BON another incident which cannot be without interes
90 the Senator's from New.YOik. Tie Erie Railroad
which Is 80 important to TRANSPORTATION In the grea
PEELED In addition 10 tbs usual tax on that part Of th
Soad in NewJesey to pay an extra tax In the shape
Ga transit duty Of three cents every passenger AM
two cents on every tan Of goods wares and merchan
se. eresps passengers and freight transported e1ousssl
piia his SKATE This imposition was as late as 1856.
and it Is port Of that same system which constitute
Shs railroad Usurpaton Of New-JeIssy.
But the character Of this usurpaton becomes sti
apparent In the conduct adopted toward anothe
railroad in New jersey 1t appears that srceessio
OF railroads has been constructed under charters
shis State from RaritaI Bay. opposite New-York. .
Camden, opposite Philadelphia, constituting contint
us line for transportation. NewJerse
snd between the two great cities Of New-York an
Philadelphia This continuous line Is known as IN
Raritan and Delaware Bay Railroad On the breakiD
out of the Rebellion. when washington was menace
aroused TO sndden efforts the Qortermaster Genera
NJ the United States directed the transportation
troops. horses baggage aud munitions Of war. iron
&ew-York TO Philadelphia over this line. The Sshe
railroad claiming monopoly, filed bin In equity
praying that the Raratan and Delaware Bay Railroad
be decrced to desst and refrain from such tran yer
tston and also praying that account may be tex
% ascertain the amount of damages" The counsel c
lhe monopoly openly insisted that By this transports
ton the State robbed Of her ten cents passen
ever IL they have succeeded in obtaining order
the SECRETARY of War shen cell upon them 10 9re "
sAe money hey made bya; and that IL Of calls
They have no right TO get an order TO deprive the STATE
Of New Jersey Of the night Of transit duty kiA is k
adopted policy" Such was the argument OF Mr.. Stock
Con, counsel for the monopoly November ~ 1863 ThE
ansa da. rs INDICATED as the edcped policy Of New
Jersey SAFELY In the face Of such Pretencions. it
Zine that something should be done by Congress.
Sncb. sir are the preteGsOns Of NewJersey to inter
pere with commerce passengers malls and troops from
other States. or their way IT may be. TO the national
capital even with necessary at mon ent OF ma
kosa peril Such preensions, persistent tanned
and indicated, constitute usurpsfion NOT only hostile
the public interests, bat menacng 20 the Uniol itself
Here 10 no question of local taxatOu local immuni.
kies, under State laws; but open assumption BY
STATE to tax the merce Of the United States its