Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-01-25

OF New NOTk TOT the exclusive uaNlBa-
tlon of the Hudson river. Congress
may not interpose and annul the re-
strictlons of like grant for the naylga-
ton OF Cayuga lake; the reason being
that in the one case II is strictly local
and internal, and affects only the Inter
ests of citizens OF the particular state
while In the other case the exclusive
grant affects the commercial rights and
Interests of citlzens OF other states. For
the same reason, Congress may not In
teriere with the local municipal rail
roads in the city Of New York, or
Brooklyn, or Buffalo, while 1t may in
terlere TO remove the restrictions OF an
exclusive grant to any one of the great
railroad lines across the state, to the
exclusion of all her other lines OF road,
in the conveying OF passengers and
freight from one state to another state
by authorizing the other railroad com
panies TO exercise and enjoy the same
privilege. This distinction Is recog-
nized in all our courts. This distinc-
tion is reasserted and reatiirmed in the
argument Of counsel and in the opinion
OF the court In the case OF Ogden.
But the inquiry is made, what Is
commerce And by the way of Criti-
cism or of sarcasm, rather than of ans
swer to the inquiry, it is said that a rail-
road Is not commerce-the railroad cars
are not commerce which Congress may
regulate. True, railroad cars nor the
track upon which they run are COM
merce, nor is ship commerce, nor the
river or the bay upon which it floats ;
but they are all agencies of commerce
1t is said that passengers are not COM
mercc, that freight is not commerce.
All true enough. Nor arc cotton, or
wool, or wheat, or corn, or sugar, or
coffee or salt, or silks, or hardware, of
themselves commerce. But they are all
elements OF commerce. And when the
the cotton, or wool, or. wheat, or corn
are placed upon the train of cars and
transported from one part of the coun-
try-frOm the great West for example
to another part Of the country, say to
Boston, or New York, or Philadelphia,
or Baltimore, and there exchanged for
other COmmOdities-sugar tea, coffee,
and other articles of Northumberland
these, i'll turn, are placed upon the rail
road train, and carried back for distri-
button and consumption among the
people, this process-the combined OPP
eratiOns OF all these clements and agen-
cies-constitutes or produces that re-
snlt, that idea, which we denominate
commerce. 1t is commerce it is dOmes-
tic commerce 1t is commerce among
the several states it is commerce in
which the CitizanS OF more than one
state are interested-in which the cit
zens She whole country are interested
it is commerce in the sense and mean
ing Otthe Constitution. And this is
commerce, which Congress has power
to regulate" in its transit over inter
VenlnG states to other states, and to re
move any Instructions which may be
imposed upon its transportation by 10
cal state legislation. Commerce, though
complex idea, is nevertheless a unit,
one integral Interest, and not several
and separate. 1t is an interest an i'm
portant interest vital interest gen.
eral, prevailing, and common to the
whole country. 1t is an interest which
belongs, not to the states severally, but
to the states united as much so as
your Army and Navy. 1t is therefore a
national and not local interest an in
terest to be regulated by national and
not by local authority.
Again, Mr.. President, it is said, as
though the assertion was pertinent to
the present inquiry that a state-New
Jersey, for instances under no obliga-
tion to build a railroad at all and the
question Is asked, can we compel her to
build railroad or any other kind of
road across her territory? No sir; do
not contend that we can compel state
to build road Of any kind, otherwise
than by what may be called moral COM
pulsion. Nor do contend that state
is under obligation to build a road Of
any description across her territory 9TH
er than the obligation which every state
owes to itself as a member Of the Union
other than the obligation which every
state owes to the community at large
other than the obligation which every
state owes to the advancing civilization
of the age, to keep step with the pro-
gress of the improvements of the times
and it is hardly to be conceived that any
stronger or more cogent incentive, in
addition to the motive of selfinterest,
can be presented or urged upon the con-
of state as an inducement
to the fulfllment Of high public duty.
But suppose, what is hardly a suppos-
able case, that state-New Jersey for
illustratlon-blindly or obstinately re-
fuses or neglects to fulfill this high duty
to itself and to the country, and CON
structs no road, and will open no way
nor provide any means of Communica- |
ton over her territory with other states. |
What then Is there no relief7 Is
there no remedy? Must we submit to |
be forever barred from all intercourse |
between other and contiguous states
across her territory?
Is there no way of opening communi-
cation over her territory between New
York and Philadelphia? Is your feder-
Il government 500 feeble and so power
ess that 1t cannot open the way of COM
over the territory Of an in
,ervening state SO delinquent In this re-
gard ? No sir, your federal government
has ample power to provide the full
measure of relief in such a case; and
inder its unquestioned authority to es-
ablish post roads, or military roads, or