Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-01-25
RUTLAND HERALD.
TUESDAY, JANUARY %, 1866.
wuuecH OF SENATOR root
Interstate In,ercourse.

upon the bill TO facilitate commercial
postal, and military communication
among the several States, The pream-
ole TO the bill recites that the Constitu-
Glon OF the United States confers upon
Congress, in express terms, the power to
regulate commerce in the several States,
20 establish post roads, and to raise and
support armies and the bill provides
hat every railroad company in the
United States, whose road is operated
BY steam, shall be authorized to carry
over It's road al passengers, troops,
government supplies, mails, freight and
property on their way from any state to
another state, and receive compensation
therefor
The Committee on Commerce proposed
20 amend the bill by adding to it the
following proviso
PyoSSd<d, That this act shall not affect
any stipulation between the government
% the United States for any railroad
company for transportation or fares,
without compensation therefor.
The speech Of Senator Foot is a clear
and forclble argument OF the constitu-
tional power OF Congress TO legislate for
The removal OF all such distractions to
commercial intercourse between the
states as New Jersey has imposed by her
Camden and Amboy railroad charter,
and the bill no doubt aims blow at
shst notorious monopoly, which has
been subject Of complaint among all
intelligent men having travelling or com
mercial relations with it.
This Camden and Amboy railroad
company has enjoyed a monopoly Of
Inc vast amount OF passenger and mer-
chsndise transportation between New
YORK and Philadelphia Iog thirty years
~ more, and claims under its chartered
privilege, the exclusive benefit of this
business, so that when the General Gov
arnc1ent, in 1862, carried troops, horses.
Gyras and muniti Ons OF war over another
ROAD a. a cheaper rate this Camden and
Annoy monopoly took legal measures
TO compel that other railroad company
III. Raritan and Dclaware-to pay
ever She proceeds o us business for the
Government
Against this m0nstrous monopoly
gkis obstruction to commerce between
states-Mr. Foot invokes the aid OF Con-
gre5s and he cites the decisions Of the
Srpreme Court, anu the opinions OF
Chic. Justice Marshall and Daniel Web
s1er, 20 sustain the constitutional power
Bnd day O. Congress to act in the mat
Ter. As the New York Tribute says,
"Jne argument is perfect; The power
and Inc duty clearly demonstrated.
We regret that our limited space will
nor permit us to copy the speech entire;
our We give our readers the following
liberal extracts from it.
NJ. Foot said The power OF Con-
s,rese TO regulate commerce among the
several States necessarily reaches it
anywhere and everywhere among the
Statesmen less upon the railroad car
than upon the steamboat. The main
purpose OF comforting this power upon
Congress was to secure uniform sys-
TEN OF commercial regulations, emana-
ting from single authority, instead of
being subject to various and conflicting
rules and regulations which must un-
avoidably follow If each state were to
prescribe its own rules and regulations.
1t is for the very purpose OF securing
this unity, this harmony, OF action that
the state consented to yield this power
TO the Federal Government; and among
Inc foremost and most persistant of all
the states in favor OF surrendering this
power in the several states TO the Fed
eral authority for the purpose Of seCur-
ing unity and uniformity in the regu-
lations Of commerce was New Jersey
herself, be it said TO her high credit,
What, tben, is the measure or extent
o. Jhis power-this power to regulate
commerce among the several states" ?
TAe obvious answer is, that is as full
and complete as is the power to regu-
late commerce with foreign nations.
Ranifestly, it is full and complete as is
The power to regulate commerce with
khe Indian tribes. Most clearly it is as
full and complete as the several states
themselves possessed before the forma-
ron Of the Constitution. In other
words, it is the same power which the
respective states themselves possessed
when under the Confederation. In short.
abe states severally surrendered to the
Federal Government, and consequently
Invested themselves Of whatever power
ahey possessed over the subject,
The power OF Congress, therefore, TO
regulate commerce among the several
states is plenary, it is exclusive, it is |
coextensive with the subject upon which
IL operates, and, in the language of |
Chief Justice Marshall, sit operates up
on shat subject wherever it exists" !
And what is this power to Greg
Elste commerce among the several
ssatesl" Manifestly is is something |
more than Q mere power to issue regis |
te1s TO merchant and trading vessels, or |
te grant licences, or to give permits, or |
TO establish ports of entry. From it's
very nature and purpose, it is power
10 create, or rather to preserve and to |
protect, and not to DESTROY. IL il a |