The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1866-01-31
Speech of Senator Foot on In
ter-State Intercourse.


ter-State Intercourse.
We regret that our limited space will
not permit It's to copy the speech entire
but we give our readers the following
liberal extracts from it,
Mr.. Foot said: The power of Con-
gress ''to regulate commerce. among the
several States" necessarily teaches il any
where and everywhere among the Stmes
mot less upon the railroad car than upon
the steamboat.
What. then, is the measure or extent
Of this power-this power to regulate
commerce. among the several states -
The obvious answer is, that is as full and
complete rs is the power to regulate com
merce with foreign nations Manifestly
it is full and complete rs is the power to
regulate commerce with the Indian tribes
Most clearly it is full AS the several states
themselves possessed before the passage Of
the constitution, In other words, it is the
same power which the respective states
possessed when under the confederation.
In short, the states severally surrendered
to the Federal Government, and conse-
quently divested themselves Of the power
they possessed over the subject
The power of Congress. therefore, to
regulate commerce among the several
states is plcnary, it is exclusive, it Is CO.
extensive with the subject upon which it
operates, and, in the language Of Chief
Justice Marshall, cit operates upon that
subject wherever it exists" And what
is this power to CIRCULATE ?" Man'festly
it is something more than mere power
to issue registers to merchant and trading
vessels, or TO grant licenses, or to give per-
nrits or to establish ports Of entry. From
its very nature and purpose it is power
/ TO create, Cr rather to preserve and to
| protect, and not to destroy. IL is pow
er to improve, and not to impair. 1t is
a power to facilitate and not to retard or
embarrrass and moe than all, and Ees-
sertiai TO ell, ard comprehensive 20 al.
the'e. II IS power 70 interpose and to
remove whatever distractions or reetric.
tions may Esve been imposed UPON CON.
nerc'al intercouae with arti between the
several states bv local state legislation.
taking care siwavs I" distiner:sh between
that leg;s sti9n and .ha. commerce which
are strictly local and internal. and wh,ch
affect only the citizen Of the particua.
state, and that legislation and that com.
merce which are more general, and which
affect the citizens of other states. To H.
lustrate Congress may interpose and an
nul the restrictions of a grant from the
state OF New York for the exclusive nav.
iFation OF the Hudson river. Congress
may not interpose and aunul the restric-
tions for a like grant for the navigation OF
Cayuga lake the reason being that in
the one case it is strictly local alri inter
nal, and affects only the interests Of citi-
zens Of the particular state, while in the
other case the exclusive grant affects trt
commercial Fights and interests of citi-
zens OF other states. For the same rea-
son, Congress may not interfere with the
local municipal railroads in the city OF
New York, or Brooklyn, or Buffalo,
while it may interfere to remove the res.
trictions of an exclusive grant to any one
OF the great railroad lines across the state,
to the exclusion of all her other lines o
road, in the conveying OF freight and pas
sengers from one state to anuthc. state b,
authorizing the other railroad companie,
TO exercise and enjoy the same privilege
This distinction is recognized in all olfr
courts. This distinction Is reassertcd ant
feafiirmed in the argument of counsel ant
in the opinion Of the court ir the case o
Ogden.
But the inquiry is made, What is com
merce! And by the way Of sarcasm o.
OF criticism, rather than of answer to tn,
inquiry. it is said that railroad is no
conmerce-the railroad cars are not {;
commerce which Congress rnay regulate
True, railroad cars nor the track upoI
which they run are commerce. nor is
ship commerce, nor the river or the ba,
upon which it floats but they are al
agencies ot commerce. 1t is said tha
passengers are Tpt commerce, that treigh
is not commerce. &lI true enough. No
are cotton, or woof. or wheat, or corn, y
sugar, or coffee, or salt, or silks, or hard
ware, of themselves commerce. But the-
are all elements ofcummerce. And whel
the cotton, or WOOL, or wheat, are PLACED
upon the tram OF cars and trarsporte,
from one place 10 another-fron III,
great West for exampe-say, to Boston
or New York, or Philadelphia, or Balti
more, and there exchanged or othe
cornmodilies-sugar, tea, coffee, an,
other articles Of merchandisp-and these
in turn, are placed upon the railroad cars
and carried back for distribrtiun and con
sumption among the people,. this process
the combined operations Of all thes
elements and agencies-consiitute o
produces that result, that i,lea, which wi
dencofinate commerce. II is commerce
domestic commerce il is commerc,
amorg the several states; il is commerc,
in which the citizens of more than on,
state are interested-ia which tl,e cltzen
Of the whole country are Interested; il il
comUAerce in the sense and meaning of til,
Constitution. And this Is commerc,
which Congress has power 10 "regthate'
in its transit over iRterveuing states I,
other states, and tc remove any obstruc.
tinna which may lNn imnosa1 ui1ou IL,