New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-02-21

prcdmleJ 10 iuiIoNei
U1ceo. The Institution ofthe United stats
Congress, express the power to sssa aud 70 raise
among the several States to esr9hhh Pol os, 1"'
and support armies; therefore, be " 3'd"'"' I'LL,
In these few words three sources Of power are GEAR,
Indicated either Of which is ample; out 'ho ''' "
gether constitute Overcoming fountain commerce
fntt iLeie s s States" Look at the Constitution
and YOU win find these Identical Nolus' honp al
great sens.iiveuess Of States tls Iymu nsor hrt
Sers exercised by Congress with pechIu cau.o n
+, stiI lives 10 be en- ployed by On eniranehiSed wv
err ment. $50 t,,,r. No, only the text OF
,be constitution hut.also The GuthoIuauNe deeaois 81
DO srr,nc ONT Of the United states. perhaps tAtIr
is no question in our constitutional history Wilcn nus
been more clearly illustrated by our greatest
Cbief,yice Marslall In the well known case where
,ho Setc of New-York had Undertaken 10 grant an eN
elusive right TO navigate tie Writer'S OF Ne" OK "
vessels propelled 10y steam the usfious mere nsiV''
sneaing for the court declared the restriction to be
llcFoI because " intericrcd with commerce between
the States precisely as is now done by Ne~Jerse! IN
his opinion commerce was something more than Tram
or the transportation OF property. ~ was ai'o
commercial intercourse between nations ana parts VI
nations in all its branches, ard 1t embraced py eces
sarg inference all interstate communications ana .e
whole subject Of intercourse between the people OF IN
several States II vas declared That the power OF Con
gress the snlec not limited Oy State ies'
but that 1t co-extensive with commerce ltsen ae
cordBg TO the enlarged sgnihcaiiOi OF the tein| ne
are tie words If Chief,i ustce Marsh2li; a.,
"But regulating commerce with foreign hano M, s ~
could NOT rss these ine. The coimercc Of the United
State. with ore nations 10 6 Of the whole United SSies
Every district has night participate in it, The deep
streams which y,nctiete Our country II every deSi"h -
Ior The interior a almost every in the unon, ana
rrnh sh- means for eserc ing this right 'o.ys" hc'
lr pcer 10 IT, INT poTcr must u eryc's.d Thereer
ne f,Sct er;s II il exits within the States. II foreign
VOYAGE may cornmence terminate ct port WI en tse
tie the power u Congress may ne exercised "tH a"s
Gibbons vs. Ogden, Bheafon. 1886 -
This important decision of the Supreme Court was
before lFoads II grew out Of an attempt 10 nppro
pirate certain navigable thOroughiares OF TIE mon
IA. t,f lgSa az 4r
of the Union where the railroad Is the substitute Or
water 1t is according to the genius Of Jurisprudence
that o rule once established governs cases whieh
come within the original reason on which III was lOuu
ed Therefore conclude confidently thnt the power o
Congress over internal commerce by railroad is idet
cal with that over internal commerce py water hu'
this decision does rot stand alone.
MI Justice Story who was "a member OF the supreme
Cosr ut tins time ~ Inter decision thus explains t"e
extent Of this power:
IL does roi stop az tie boundary line OF Stste nor
N confined to acts done the water, in the necessary
Of the nsvigae thereof IL e1icnd 20 rsh af doh
land intercfs wih obstuc or prevent meJfcc e>'e
Of he pooer 10 regHae with foreign nations al
am ag States United STATE, Combs u ist7' a.
From various illustrating this power ecu ~
tenton 10 TINT known the passenger case where th
Supreme Court declared that the statutes OF Ne"1ok
and Massachusetts imposing taxes upon amen
gers arriving at the ports OF those States was IN defoga
tion of tie Constitution Or this occasion MI justice
Mclean said:
sLal pas myers admitted by Of Congress without
tax be by stated The ,uPposon Of such power IN
State is utterly inconsistent with commercial power either
paramount exclusive in Congress"
Mr.. Justice GrIer said. with great point;
o villa! Purpo'e commit 70 Cgnsre,. lhe power o. ein
lstns intercourse with foreign nations snd among h
States 2sse regulations nay be edagea az nc
to lie discretion Of each f,he Union either refuse
| pernission 10 exercise il. - H.icaTd s63. -
Jersey, which exaes duty from passengers aeross
Mr.. JoHysoy-Do understand the Senator to he
quoting from the passenger easel
| Mr. SVNiNER-Yes, or
| MIR JonNsoN-Ihat was a where the lcgislntion
| Of Massachusetts was brought before tho court
Mr. 81 hHFR--I have already stated that there were
two States offenders a; that time there now DOLLY one
| | coll attention also t. the OF the neenng
bridge, where Congress under peculiar erounstahe' >
exercised ills identical power. In THIS case Inc S'e
Of claimed the power u limit ana cohtroi
the transit the Ohio River 10 the State OF ONO
and this power affirmed by the Supreme Court so
long as Congress rernued from Legislation on to SUB.
iect But under the pressure Of public demand ana
in the exercise Of Tie very powers Which are low IN
voked Congress has declared the heenhg pIloge 70
be legal st uc'ure. anything IN any State law To the
contrary Notwithstanding. Tie Supreme Court hiieI
the pa sage Of this act denied MOTION 10 phlsn te
owners o. the bridge for contempt IN repqna,hg ",
and affirmed that the act declaring the Wheeling bidge
a lawful structure was within tie legitimate exercise ny
Congress OF Its Constitutional power 70 regulate com
Ineroe az How ard 5~s) Bat II Is this very power
which is here invoked in moro important aud iHi
me re urgent tlan that of the VIII cling bridge.
There IL also another who're Cong ess has crer
cised this power precisely as Is now Proposed ree'
10 the Stenbenvie bridge and Cove railroads
across the Ohio. In what Is called the Panhandle 81
Virginia THIS hiidge vas at inst attempted under u
charter granted by Virginia, but Congress at iast In
teIiered and enacted;
Of sad river hereby declared 20 be atfi 1cu'e
thereby sred yubc highway aid estsbhsheda poet ,oaa
far the purpos 81 tanfmon Of mails Of the United States
~ Ststates az Large. go.
Such are the presidents o. courts ard OF statutes
showing nov completely this power belongs TO Congress
in the regulation Of internal commerce. lhe authorities
are plain and explicit They cannot be denied They
cannot be elpG ned away. 1t would be supeEfuous e
dwell on them There they stand like 50 many granite
columns fit supports Of that internal commerce which
in itself is a chef support Of the Union.
secondly 1beyo Is the power TO establish pos
roads, which s<qnaly explicit. Here too. the words
are psin and they have received an authoritative e1
position II is with reference 10 these words that Mr.
Justice Story remarks that constitutions Of govern
ment do not turn upon ingenious suDtees. but are
sdapted the buEness and cxgences OF human soce
ty and the powers given are understood, in larg'
selse in order secure the public interests. Common
sense becomes the guide and pIc7ents men from dcalp
: on Consttutor, Vol 2 acc ii3l} The samo Learnt
authority 10 considering these words Of the Constu
ton seems to have anticipated ths very question now
ly c(se the argnmeR on this head:
ole. case be taken af.ea sfgte poiey
AS for instance In NeY,Jersey NJ this time
or State hostility shall lead The Legislature up die
conn. rosd tie neesest aud tie best between two great
State; sa Il be said that Congress has rgh to male
repair Dad for keeping sn for the mail the bs
se % most My I'VE .
indirect for the ms' Ia ote1 cords haze ~ State ~
po,osy 10 hoD ups What reads, The moIs s.au
hal Hal If than, in relation to post roads, the
sstes and not the Union As sppisne-sf0'E Corsmenfa
/ ne, on the Consultation, vol Z, sec. Liza.
Il 1Hirdiy Then comes tho power to raise aid sup
uoIt armise :" an unquesiGaabe power lodged n Con
gress Bn: this grant ca7i2s with it, OF course. al in
cidental powers necessary 70 the uon Of tbs prn
eipa power 1t would absurd TO suppose thai Con.
grass could raise sp army bat could Lot authorizs the
agencies reqv red for its trsnepoi ao1 from plaes 10
paas Congress has not been guilty Of any such alb
surdty Alrardy it has by FORMAL act proceeded ito