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

rIfn in IIaluu "a Al
tsea.s hsy were found lnsrfsrns Vim sueh risits
SSosary ssSiasvs Rat e Act, IN question were resus
.on, q, n m9t n of,anS ptrggia sna s9,
'hsTy 2, ss,. others
30, ga 91 pds a%s o 81 % ssS T pd 5a @ o S
ne shi. vsr In Genera words iite tbs power 10 regn-
late e9@msro he tue method q construction w9gd be e
aoe. ,he nature oi,hs ias 9asal = b seP.a,fea
Yofk, l. monopoly Sow, be thought very reasonable
, hs ne o H1SS t r3s n or
NAVIGATION and ther,ors tes' a. 70 is a.. commercial pow
ley ns yer, o s.s pq nv ,han 'es H.
hog atag esst 2aq Ne ,, 51ysS @9e
tye eonseguesce recruiting from ihe essiaton ofso nsny
ainerenl 5,ate. ana p"'' ""' guy pO''No" VI UNI
ne eoud.I9on dyr, r,re, 70, had see9 imposed
lie state. could sui, each Tor ssiL feguAle commerce.
and w, e .tians i''''e '' "' VI
" ln ih' hsy ,d p Nh 20 ovs n, NJ, WY 1 rrs.v
oia ges sna was the ''a'' OF "aus anu
es esdng s,s,s EsPgr. o. ,hs T, are a o. 9 topic
trSde eer in t6e power % several states within their sep
re IA s8S iiev estT.s. AM ar,.t oinion
that the sole ana Pvsi ~ tis9e WIN or
an conge. lsl &. of ne same geasra elaisetI nd
pb.ia dgtares s Conrre,, oa.hi 3 p9.sss he soe and
5000 t',seB t,a 5istes." ''''''''
"Vyt Hhars.r elei ~ t'i Wy uo.efh
men' mhy aa9s9 iS o, M ise ~
object he relief Of those neoss By removing their causes
20 ~ 5 t Gd In the history Of the Donation and Adoption
Se ' poSer ~ tis iesaaon d ora AID 'de as
Ky ,l1 ~ s axe AVA, yh oSr y. III .a st
lcyn provided DE ocn'ulaton would not have been worth
aooePtub. ended therefore hat the p.ori. ftsra ,e.t
.,hng M hoy fi xxx 70
comm'r'g which 10 tit sAieise we're g. maiaain uniform
PSss must eseu,ye that 3. he hshest branoh,s
Band Visit f tai 10 De r,saiatdl S6i Is, cmmefca
Tinted state Heueear,t b comm II i6s states was to
be unit sun tn Rsu' uy gl " va. 70 ,A', Ahl ne 10y,
c 5 .y' s H. J,erfSI IN tbs 1,y ~ @b v,I ., NJ
IS pia1taf aqua
WOW, how could individual states assert rgh ocoucur
Ienl ss,,istl9n ~ ,av % r,,es ne"' KY. en-.
Wofdi used ~ Inc ulutou rgguaie cdmmefcs arc %
very general and Kcnye shat they msh be construed
cover f1,' a apd ~, 1i'0H e, 1g
Soeaps3 GS Sa Hni Ky ree,s sfo7i .iSs
rs exclusively Congress 10 and 30 only
nature o The poser requires Ana De Insisted mat the nature
o e Gaze ana ot th p9nt a ,fousy e4urg tat sueh
bayaficn boaM MOI be co6sdered a. s retained bv lie
statesH
But although much bad been SAID in ne discussion on Tor
e, oe'as'9 s s ys ' ~ oiiy m g pt "a
meant 6y H. il vas generally by saying mat IL was
power by which Die states coul laws The subjects Of
s S @ S'f bpm or ul
sg INV tbe he state laws mus yed bst eor ~
were these Which could exist together
Indeed ne ,e fesging o he claus. IN lhe constitution must
n s gas foS,ned fap Nj h. sSVts XII nc
10 nave po,,er 10 regulate commerce
road indeed, might be matter Of general oommerc al
there was no doubt Of se power Of Congress to make ~.
exercise Of sovereign pocni powcr il r. not an in.peeSn
law nor b, ain law nor passed by any derinye authority
~ s prosssdy AZ act sg,.e poNet VI course there Is
~ ' w & ~ az. ,,r y i W ~,
anon,erH w.
u u can grant these exclusive privileges to few, II may
grant Aem 10 many ha ~ u may si9nt thtm TO AL it's own
h tnf"l iitI, nav a. be- XXX te nr,ya that ,cnsi,.
grant Law regulating commerce, although In some of tho
deuiio elsewhere b had been called law of police lft
ne l 70. @ tiH a., 's Athlntt he
sn ess acL could no annu a. control H. h. moi a
regulation Of mmcrce, Congress ha- with IT, But
u , ii va as sbitr ny ny, t We
XIV, oo' ,e,n,ii '''' VI o0nn'i'o 'hal 'ue
Ihe iudgm, NJ OF the court was in accordance with the
views here EXPRESSED hy Mr. Webster uuon the several
points which we're raised in the discussion Of the Gao
aud SO far forth sanctions and adopts the Argum eut az
the oppon Of tho court mon these poins his rsse
Of Gibbons ard Ogden the argument Of the tmiu,nt
counsel the ana Judgment Of The court aud The reason
ing of tie Hustious Chf Justice in prtnoupcing tho
opinion II the oouit would .etm to be upon
the main question nov before US
But ii is insisted with view Of course to avoid the
force IN deeision hat the case Of tbbons ard OGDEN
being OF OF pA,igation is not analogous 10 he ras
VI have Under Consideration that the question in tlat
case vas in reference 10 the tight or authority Of state
10 grant an exclusive utiveqe OF pAypatnv he stenn
vessels The nayipAble waters Nttbin he u,sdon NJ
the STATE and therefore has no bearing upon
Of the pht or authority Of ate to giant an exclusive
ptivepe Of trsnsporing passe q,rs And frevht
its tertitory from one Saie TO another state h, nnd
oonye,ance or n YOU please by railroad Win an due
deferenoe think otherwise
retp.c,tuy submit that the the tp cases are closely
analogous that the general pturule involved il the
same In boh that he iudioi deti,ion Of the on, Ia
the rule Of Law and the rule of Aetcn in the other
have already "a that IN considering and deciding upon
the question Of the application and extent Of The po er
# Congress to regulate commerce among the several
Sntes the court considered and d,ermintd Tho extent
Of the power IN it's application to tie regulation of com
meree among The Sia,s without referenre 10 he sYe
mode and manner Of its Transportation whether by aud
or by water IL was even M de question in the Ogden
case whether the term or rbasc i'm Inc Constituii,n
" commerce among the several States" comprebended
Navigation Itvns not made question whether il con,
ptthandod conveyance or tar spottaton h, land
In resi- Get 10 the ROVER Of Congress o regulate com,
me roe among tie sever States that povtr ia neither
enlarged nor abridged by nv mere mode or tanner h,
mower n C,pgte,s 10 tesulats fonmpTre among The
several States Ia limited 10 that commerce alone which
is canned ON upon the nhyqAbc waters within the lris-
dieo ~ Mo several ktates and that il has mo- alton
To .nd railing 10 do Nth aud does not rench th.t IA
more extended ano dyeruRed commerce which is carried
on ong the several States by land Is not the exer
else of I'll, power quite AZ important TO the regulation Of
conn stee ty lAnu-by railroad f,ou plesse--as by
navigation
Iii true nothing was said In the consideration and
discussion Of that case ab ut railroads as means Of
comm ercal intercourse among the sates In fact rail
roads at that time we're unknown In the country
But now the whole surface Of the country Is inteiwo
ven and oyetspread a. by yrAnd network of railroads
connee ed toe ether running through and uniting The
several States far and near in more intimate CONNER
eiAl as well % social and political relations than ever
before and forming one great national railway
II ay be lowtd the smile our railroads now oonsti
tute The great national arteries Of the Republic thouyh
which runs the NE blood Of the body polite; and any
thing which obstrues or mpsrs its full and free crculs
ton at sny one point Affects and disorders the
ten, d6ubt not that 10 dav more Than ono halCns,