Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-01-25

and commerce among the several states
any inhibition or restriction OF the state
legislature 20 thr contrary nOtwith-
standing
Mr PtesJdyut IN 4 .ogmer je0ate this
bill has tttu Is-uilHd aul A,uuluctd as
an Infringement "a contemplated assault
upon the rights uI sovereign states, and
Of New degsvy "a particular Nothing
OF this kiud fla purpose ar 10 drCt be
longs 10 the h,.I 80 FAT from ruCruaCh-
Ing upuA The rights oil e soy. &, .gu state,
it Il u proposition to intervene in behalf
of and sor the protection %, thr sover-
eigu rights OF the people at all the states
from infringement or restriction by any
single state, II is strictly an allevia-
tive and not an aggressive measure. 1t
Is only the exercise OF power which
the states themselves voluntarily and
unanimously vested in the federal gov
eminent, aud for the very purpose Of
protecting the people of other states
from the imposition of commercial res
trlctions, aud from commercial blockade
If you please, by the action Of any one
of the states.
New Jersey has no cause OF complaint
at the exercise of this power on the
part OF Congress. She was not only the
first of the states OF the old coniedera-
ton to urge the surrender of this power
in the states to the federal government,
but in her charter to the Camden and
Amboy Company this power IN the fed
eral congress is recognized by both par
ties-the state and the corporation. BY
the original charter, in consideration of
the exclusive privilege of carrying all
passengers and fIeight between New
York and Philadelphia it was provided
that the company should pay to the
state ten cents PEI cqpjto on all passen-
gers, and fifteen cents per ton on all
freight and merchandise transported
over the road between the two points.
Call it bonus for the privilege, or It tax
upon the tranChse-Call it what you
please it is. in effect q levy OF tribute
upon the peOple-upon all passengers
and trtight-frOm without the state to
that extent. BY supplemental act in
1854, this t1xed percentage on freight
and passengers was COmmuted bv the
transfer to the state of an agreed num-
Der Of shares Of the capital stock Of the
company, The sixth section Of the sup
Elemental act contains this condition
"Ihat when any other railroad or
roads for the transportation Of passen,
gers and property between New York
and Philadelphia across this State,
shall be constructed and used for that
purpose, under or by virtue of any law
Of this state or the United States au-
thOri1ing or recognizing said road, that
then and in that case. the said divi-
dends shall no longer be payable to the
state, and the said stock shall be re-
transferred to the company by the treas
urer of this state
Here is an express recognition OF the
authority of the Federal Government,
and Of the probable exercise Of that au-
thOrity, to build another railroad be-
tween New York and Philadelphia or
to authorize any other railroad which
might be constructed under the author
lty OF that state to carry passengers
and freight between those Cities-iust
what this bill authorizes, and nothing
more.
New Jersey, it has been well re-
marked, occupies peculiar and most
important geographical position in ref
erenCe to this question of commercial
intercourse with the states, situated as
it is directly and for the whole distance
between the two largest commercial
cities and most popular cities on the
American continent, located, as it were,
directly across the great pathway of
travel aed trade and commerce between
the north and the south, on the Atlantic
side, and over whose territory there an
nually pass probably more travel and
trade than over any other equal extent
OF space in the whole country
The citizens of New York and Phila-
delphia, Of Boston and Of Baltimore; of
the states of Now England and New
York, of Pennsylvania and MARYLAND;
and OF the states Of the west, too are
most deeply and directly interested in
having whatever existing means of
transit for trade and travel across the
territory Of New Jersey there may be,
unrestricted by any prohibition of their |
use or, what is the same thing by any
exclusive grant to one line Of Commu- |
nlcatiOn over another. Let all the pub |
lie avenues Of trade and commerce be |
open and common to all the people of !
the country. This is their right, their
constitutional right $50 their right of |
transit over the highways or the rail-
ways, no less than over the rivers and |
the navigable waters Of any state, pay
ing a reasonable compensation therefor |
Both are alike open and common to all |
the citizens Of the United States under
that provision of the constitution
which declares that the "citizens Ct each |
state shall be entitled to all privileges
and immunities of citizens in the sew
eral states" repeat it, Mr.. PRECEDENT,
it is not within the province Of any
state, either directly or indirectly, either
by positive prohibition to one read or
by special privilege to another to in
habit or restrict the right of transit of
citizens of other states, or thei' mer-
chandise, over any one of its roads over
which they may choose to pass, any
more than it can inhibit their night of
transit over any one of it's n8vigable
rivers, or any more than it can inhibit
their right to purchase aud held real
estate withinit territory.
These are all rights common 70 all the
citizens of the United States, common
IN all tho CifiynYns of a nnpunNn