The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-03-15


From the Times.
A measure which involves questions Of grave
national importance is now under consideration
by the United States Senate, in the bill reported
by Senator Morgan, to encourage telegraphic
communication between the United States and
the Island of Cuba and other West India Islands
and the Bahamas Permission is asked of Con.
gress to allow certain citizens of the United
States the exclusive privilege for limited num-
Der of years TO lay telegIaphic cable over or
upon a specified part OF the coast of the United
States, with YleN to connection with the West
India Islands. From the debates in the Senate
on this question on the 26th ultimo, we find that
this privilege is asked to protect American in
terests which are now jeopardized by an exclu-
siVe grant given by the Government of Spain to
certain Spanish subjects TO open telegraphic
communication between the United States and
Cuba
We also learn that French company, with
exclusive privileges for one hundred years, has
been heavily subsidized by Napoleon III, and
that the privilege for this company to land on
our shores has been the subject OF diplomatic
correspondence. 1t Is to insure the protection
OF American interests against foreign monopo-
lies OF this nature that the Senate Committee
on Commerce has acted in reporting this bill.
If we concede that the effect Of such an enter
prise would be desirable, is it within the power
OF Congress to make such grant! Is 1t such
an element entering into the commercial busi-
ness OF the people Of the United States in their
legitimately a subject OF regulation under the
eighth section OF the Constitution
We think that both these questions might be
answered in the affirmative. Telegraphing is of
such comparatively recent discovery that any
reasoning upon its relations to the Government
must be by analogy rather than from prece-
dent The law cedes territorial ownership OF
the land on the coast between high and low
water marks to the several States, and vests the
dominion in the United States to distance from
the shore OF maritime league, or the range OF
q cannon-shot. The United States, then, have
clearly the right to saY-a right which has never
been dlsputed-thatno no foreign nation shall esta-
blish battery within the waters OF such mari
time league This being the case, has
forbid the laying OF a telegraphic cable
upon the tL3lGlGn within this limit?
In view of the fact that telegraphic
cable might be made as dangerous to the safety
of the nation as the erection OF a battery, we
think the power is equally uIquestonable.
Upon the right and duty Of seltdeiense the
whole principle OF the eXclusiveness of the ma
ritime league rests. Under the power incident
to this dominion the general Government can
also declare that the War or Navy Departments
might eXclusively'lay and use these cables over
this particular territory for the safety or conve-
nience OF its military posts or navy yards-a
power which might be delegated to certain of
its own citizens primarily, for its own conve-
nience, and secondarly, Tor that OF the general
public, so tar as its capacity extended beyond
= their own needs thus excludD Dg foreign nations
from occupying the coast line by agency so
potential for good or evil az telegraphlc cable.
This point does not touch the question of the
power of Congress under the eighth section of
the Constitution 10 regulate commerce with
foreign nations. There may be some difficulty
here, but less, perhaps, than appears at the first
view OF the subject.
1t will be admitted that the telegraph is now
fully incorporated into and has become part of
the modern commercial system of the world;
but it has uses other than commercial, and
features unlike any other element entering into
the constitution OF that comprehensive word,
Commerce--ap element making it quite neces-
sary that the Government should exercise sone
control over it. Swift as thought, voceless
while speaking, in an instant cypher message
may pass from one continent to another which
might gTaVely affect the interests of whole
people. The grantees having FIRST procured the
riparian rights, as well as the State grants, the
consent OF the general Government to lay the
a cable within the limits of the maritime league
beyond Is essential II would seem that the
mot constitutional government in the world
sho uld assume In soAle way 10 regulate such an
agency as ths-at least to see thai it Is in the
haLQs OF Its own citizens.
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