Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1866-01-26

or Buffalo while u may interfere the resnc-
tons of exclusive grant TO any one n The great rail-
road lines the State 20 the exclusion Of all her
other lines Ut road in the conveying Of passenger and
freight from one State 70 another State by authorizing
the other railroad companies to exercise and enjoy the
same privilege This distinction Is recognized In all our
courts This distinction IL reasserted and re.Bfmed in
the argument Of counsel and in the opinion Of the court
But the inquiry is made, what is oommercei And BY
way Of criticism or Of rather than Of answer 70
the inquiry, 1t Is said that railroad s not commerce
the raroad cars are not commerce which Congress may
regulate True rsilroad the tack upon which
they run are commerce. IL ship commerce. nor the
agencies Of commerce Is Is said passengers sc not
commerce that freight is not commerce All true
enough Nor are cotton, wool, wheat or corn or
sugar coffee, or salt or silks, hardware Of them
But they are al elements u con merce
And when the cotton, or wool wheat. or com are
placed upon the train Of and transported fom one
part The countr,-from tie great West frtxample-
TO smother part Of the country, say Boston, on New
York or Philadelphia. orBalumore, and there exohansed
Tor other commu dtes-suRar, tea, coffee other ar
tcos Of merch andisoand these In turn are laced IN
on the railroad train, and carried back for distribution
and consumption among The people this procooss-the
combined operations OF all these elements and agencies
oousu,ts produces that result that idea. which we
denominate commerce 1t is commercei it is domestic
commerce.; Il is commerce among the several staes IL
commerce IN which the citizens Of than ore State
are intertsiedin which the izens Of he VIII Die ooun
try are Interested IL is commerce IN the sense and
ing Of The Constitution And this is commerce. which
Congress has the power To regulate in s over
intervening states 90 other STATES and remove any
a.
uon by local State legislation Commerce, though a
complex idea snetetthelsss unit integral in
srest, and not several and separate II is interest
important interest," vita interest general pervaf-
irg and common TO the whole country IL is an inter
est which belongs the states severay but 10 the
sta,es united as much 40 as your Army and NAVY h
il Therefore national and not 5c interest; an inter
be regulated by national and not by local auhor-
~.
non pertinent to the present inquiry that. State
New Jersey Tor ms oe-is under obligation 10 build
rhiroad az all and the question IS asked,
pei her ~ build railroad or any other kind ofrosd
her territory No. sir do not contend that we can
compel State to build road Of any kind. otherwise
than by what maybe called moral comuulsi1n Nor do
contend that State is under obligation 10 build road
Of any cc.oHpuon her territory other than The OBJ
legation which every state owes 90 itself member Il
the Uni1n other than the obligation which every State
owes TO the community az largei 'ther than the obga-
ton which every state TO the advancing civilization
Of the age ktcp step With the progress othc improve
mtnts Of The uoes and is hardly to be conceived that
any stronger cosent, incentive ia addition the
motive Il se'ineiest, can be presented urged upon
the consideration Of State nducen emit 10 the iul-
hllmeut Of a high public DUTY But suppose what is
hardly a supposable case, that State-New Jersey for
iustr,on--bndy and obstnately refuses or pe9lects
fulfill this high duty TO itself and to the country and
constructs road, and will not any road and
will open no way, nor provide any means Of ntetcom
uoaton over her territory with other States What
theni Is th,re no relief Is here REMEDY Must
submit be forever barred from all inttttourc be-
tween other and contiguous states her territory
is there way OF opening commune alton over her
tutor) between New York and Philadelphia Isyour
Federal Government feeble and so powefess N IL
cannot open way Of communication over the territory
Of an intervening state delinquent in this regard
No, sir, your FedeIt Government has ample power TO
provide he full measure Of relief 10 such case and un-
der It's unquesoned authority establish post roads, or
military roads, OF commercial roads you Please IL may
construct roads the territory u the
delinquent State the public necessities or the public
convenience may require
II the State however shall build road and but ono
road its teutory long that road shall meet the
full measure Of the public demand and furnish the raul
be the several States far forth that State mhs
s litigation 90 iifeN and TO the public IN that behalf;
bat the one road falling TO meet the public wants and 10
uinish A''q uae means 81 e. mneica intercourse " On
and between other States presents the occAou for the
Federal Government 70 exert IFS power and to
another road across the inte yennR State in order 10
meet the public wants But II the state itself shall build
two or more roads It's territory, connecting with ad
jacent States, and especially the State itself shall in
passer gers and freight from state another Con-
Rtess msy este bish either OF all u them post roads.
military roads if the interest Of shall
require IT, Congress may declare them be lawful sruc-
lures for the carrying Of trade and among
the several States any inhibition restriction Of the
state Legislature to the contrary Notwithstanding
In the more Ttctrt case Of the Wheeling bridge the
general doctrine for which oonteuoiuR Tecog.
niztd and reatmed by the SupiCme Court Of The Uni
TED States. The bridge the Oh river atN heeng
Virginia, was comp aimed Of by Pornsyvsnia an OBJ
struction to the navigation Of the river This complaint
was brought bsfoe the court, which, upon full hearing
and examination, adiudged the bridge obstruction to
the nav CATION Of The river and issued order upon
bridge or itmo'irgi altogether. The &C ion Of Con
gress queny INVOKED upon this subject aud
Cor gess, by virtue Of it's power regulate commerce
among the several Slates, and TO establish post roads,
passed act declaring the bidge to be lawful sruc.
ure aud pest road any thing in any L laws Of the
United States to the contrary notvi hstandug The
hupre Court II the United Stses aimed mis- action
Of ongiest, and dismissed application for process
against Inc bridge company pei it to comply with
the previous order Of u urt 20 elevate the
bridge.
The in this ease fully recognized the power Of
Congress to ntrpose in this and m All ike cases when
ihe general interests Of commerce are mf aired
uoted 10y local State tgislaon ard viii the court
comedies he light Of state sovereignty, within It's
limits. and BY its acts Of legislation impose such
restrictions AZ IL may deem proper upon its 'izens,
in the Of It's own territory n also oids all such leg
satou subject and subordinate 70 the power Of Congress
that when Congress eXeGc that power the State laws
must give way Congress in the exercise Of its para
mount power in this declared TIE bridge lawful
structure, though admitted 20 be an obstuo ion
less 70 the navigate Of the river; rivtr too which
by compact between Virginia aud Kentucky, aud with
the assent Of Congress at the time OF the admission Of
Kentucky into the Uuiuu, 60 be forever open 70
commerce to the use Of all the citizens Of the Uli,,d
Sta Congress- in The exercise OF Tvs discretion
clared the bridge lawful structure, the ground that
the general In Of would r. her more from
the removal Of the bridge than from it, obstuo
ton the navigation Of the liver. Hence Congress de-
eared that the bridge should bs contradiction that was
the effect = he actior the Teaon that The greater in
etests Of commerce itquueo its continuance notwith-
stsndirg It's admitted degree Of obstruction the
cation OF the river
hr ifetdent nus oil, IN former debate has been
hssailt and denounced as infringement, contom-
plated assault upon the rights Of sovereign States OF
New Jersey in particular Nothing Of this Kind, in pur
pose in effect, belongs the bill So far ON en-
croachiug upon the rights Of sovereign State, it is
proposition 10 intervene in behalf Of and Tor the ptotec-
ton Of the sovereign rights OF all the citizens OF ali the
States nom infringement or restriction by any single
State. 1t is strictly alternative and aggressive
1t is only the exercise q power which the
States themselves Voluntarily End unanimously vested
the Federal Governn emit and for the very purpose Of
protecting the people OF other States from III
Of commercial reductions and from eroal block
ade, you please by action Of any Of the States
New Jersey has Of complaint at the exercise
Of this power the art Of Congress She was not only
the first Of the States OF the old Confederation urge the
surrender OF this power In the States the Federal Gov
eminent but in her charter the Camden and Amboy
Company this power in the Federal Congress is reeog
oRnzed by 10th pArtes-he State and corporation.
BY the pinAl charter In consideration OF the exclusive
privilege Of carrying all passengers and feigh between
New ork aud fhilsdel hia, II provided that the
company should 10 the State per capita
all passengers, and fifteen per all freight
and merchandise transported the road between thos
two points Gail It a bonus for the privilege tax
upon the hanohisc-eA it Whist you pleAse 1t is IN ef
feet aleyy Of tribute upon the people-upon all passen-
gers and ireightom without the State to that extent
fe gh aud passengers computed by the transfer to
tbs State Of agree number Of SHARES Of the capital
stock Of the company The sixth section Of the supple
mtntal act contain this condition.
lhht when other railroad roads for the tranpora
Ton OF passengers and property between New fhla
depha across his state shall b. constructed and used for
that purpose under by virtue Of law Of this the
states authorizing