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

On motion Of Mr. NYH the Senate, As In Committee
Of the Whole proceeded % consider the bill IS No &C
TO iaoiliate COMMERCIAL postal, and military commuuea
ton among the stvefsl States.
The bin contains preamble reciting that the Consu
tuition Of the United States ooniers upon Congress in
express terms the power TO regulate commerce among
the several states 10 establish post roads, and raise
and suppot afmtee aud provides that every railroad
company the United staes uhose road s operated by
steam, W successors and assigns shall be authorized to
carry upon and ito road econs boats bridges
and ferIes all passengers troops Govefnment supplies,
mails, frcights and property, their way from any
state to another State. snd to receive compensation
therefor.
Inc Committee on Commerce proposed TO amend the
bill by adding TO Il the folio ing proviso
Proridsd That this shall not AFFECT any stipulation
between the Government Of the United States aud any
railroad company for transportatons fares, without
compensation therefor.
that amendment 1t received the unanimous support Of
the Committee on Commtrce, nom whom the bin is
ported and trust the question will be taken upon the
Amendment at this time
The amendment agreed to-
Mr.. foor The bill before presents to our cousid
Grafton the twoiold question Of constitutional power and
Of public expedisney. The remarks propose TO submit
the present occasion will be chief confined the
Of the ftst branch ofihe proposition The
tame question before at the last session, and
debated at some ltnglh and mistake no. the last
Congress adjourned while my honorable friend from
n aine Mr. M0HHfLLl was upon the floor. addressing
the senate in opposition 70 This 1 ana no maj action
was taken upon II listened with some attention, and
with something Of interest and will add with some
Thing OF instruction also 10 that discussion, and have
recently read considerable portion oft have say,
however, that the limited examination have given to
the main question in hand inelincs my Judgment to
different conclusion from that which has been expressed
by Of associates upon this h0or most learned 90
questions Of stitutuna law and from whose mAturod
opinions upon questions Of this character | have rarely
found mystf obige to dissent idntyer without hes
taton and without sonewbHf Of distnst the sound
ness the accuracy Of the conclusions 20 which my
reflections had led me take leave therefore state
in brei, though Il may be but cfudy the views
tain as, AZ the prestn Mt moment they ay strike own
mind upon the question involved in the pending mrA
sure.
The bill under confederation is entitled An act to IA
cate commercial, postal, and military commun icstion
among the several States" The bill provides;
That every railroad company in the United States
whose road is operated by steam. its sucos ssors and as
signs be- and 10 hereby authorized TO carry upon and
It's road connections, boats bridges, and ferries AL
freight property malls, assengers, troops, and Govern
ment supplies on Their way from any State TO Anothe
State, and 70 receive oompt nsaton therefor.
such is the bill such are It's provisions plain,
else yet comprehensive and ofgensIal application The
object and purpose OF the bill are sufficiently obvious IL
is simply to carry cut and TO apply express provision
81 the Constutop TO witt in regad TO the regulation
Of commerce among the States, any and every proper
case for s application rhch may arise. Why not psss
the tillf What 10 the objection to It's fn'tagei Why
not authorize the railroad conn snes OF the United States
TO carry passengers and freight mails and munitions u
war from State 10 another State That is the puf-
pose, the chief purpose for which they constructed
and for the most part suppose the raros DIS Of the
county hoW exercise ana ENJOY TINS feht ofpr'ilfge
not At present advised Of but few, Of but very few
exceptont-the most notable Of which Is doubtless in
the State Of New Jerseyin which the full and
enjoyment Of this right privilege are in any degree
inhibited o. restricted by the Stale legislation
That gallant and patriotic State. many years ago
deemed expedient to confer upon single company or
corporation tbs yils Of carrying all itght and pas
SCI gers, fos long term n years between Nrw York
and Philadspha, 10 the exclusion Of my AMI all other
railroads across her Territory, which then which
thereafter might he tonsuuc'ed This the provision
in the charter Of the Camden and hmbcy Company
That shah not be awful, at lime during the said
a5es wv s s s9q AhSy % sny
sasn sns, W ayaed e assa TO- ne iransgoTa
loIs ana IhAdslpha or 70 compete n busngs win the rei
iHSa authorized by the act to 'A'h this supplement is rH
This company has enjoy ed the exclusive privilege
OF the vast amount Of transportation Of passengers and
merchandise, overland between New York and Phna
delphA, for full third Of century under legislative
prohibition Of all competition rCm any other line rail
road, then OF since Instructed and has claimed sndt
claims the exclusive benefit Of this business under its
chartered privilege so that, when anobsr raj Iord
pany--tht Baritan and DelewArtunder the orders or
upon the application Of the Federal Government In 1862
carried large amount Of freight consisting Of troops
homes arms, and munitions Of aud cheaper "a
and with greater dipaoh than the Camden and Ambuy
Company afforded, as am informed, its fft m
New York to Philadelphia IL wa Immediately summon
ed before the Chancellor Of New jersey render
count the total Of the proceeds Of this business
with view 10 final decree pay this amount 10
ne SAmuth hno hmooy company and was perpe'ually
enJoined fom carrying passengers and freight thereafter
between New ork and Philadelphia.
The inquiry Tecurs, is 1t COMPETENT in State or
state Legislature to grant exclusive privileges OF this
kind, and TO continue hm to the prejudice OF stcon
q commercial intercourse between the sever
al States I" Or lift be cOmpeent do So in n absence
Of congressional action is il subject the exercise
Of the superior suihoiy Of Congtss by virtue Of IL
power. under the Federal Constitution 10 regulate
commerce among the several statts" In other words
and for example is 1t not competent for Congress BY
virtue Of this constitutional power the Rai
tan and Deltware OF any other railroad company in New
JeTsty to cary Passengers and merchandise between
New York and Philadelphia, and TO receive compensa-
uou iheIfoI notwithstanding the inhibition Of the State
Under this power. derived in terms from the Const-
iution venture to express the opinion that is com
pe,tnt for Congress to set aside any such special And
a a
or impairs the facilities Of travel and trade and commerce
between or among the States and Of the fact itself
Congress, in the exercise OF It's discretion must freces
sty be the sole judge. In short hold il to be ent civ
competent for Congress to pass this BILL aud 10 place al
raroAus upon the same footing in respect to the right
and privilege OF earning passengers and freight from any
one state to another State, Notwithstanding any inhb
ton which may have been imposed by local State enact
ment say Inhibition, for the exclusive grant Of priv
hege 10 any one party is virtual inhibition all other
parties Of the exercise Of the privilege Congress az
indeed II has DONE declare all fairoadE 10 he post
routes II nay as indeed IL has DONE in the case Of
the Illinois Central and other railroads declare all rail-
roads 70 be public highways Ard with equal authority
II may declare railroads to be lawful structures and
having equal privileges 10 carry passengers and
disc " from one State o another State"
This whole question Of the extent Of the power Of Con-
gress 10 reg ulate commerce amcng the several Saes
was fully considered BY the Supreme Court OF the United
States and upon an argument either side Of conce-
ded and consummate abity-by Mr. Webster and Mr.
Writ on the one side and by M Emmett and Mr. OAk-
y on the otheTtome forty years ago, In the famous
and familiar case Of Gibbons and Ogden and which I'm,
heretofore and often been cited in debate upon this bill
This case grew out Of an act OF the Legislature Of New
York granting to Livingston and Fulton the exclusive
privilege OF navigating by steam vessels for term Of
years. the nsygabe waters within the jurisdiction the
State Though this was OF nAsig alton yet the
court considered the general question OF the power Of
Congress 10 REGULATE commerce among the several
Slater, however carried on, whether by water or by
land whether by navigation by land convey ance:
whether by steamships by steam cars The court in
that considered and determined the question Of the
extent OF the power Of Congress the subject Of COM
meree among the States without regard particular
mode or agency by which it might be conducted The
Judgment Of the court IN support Of the power Of
Congress over the whole subject Of mn cree among the
States, and against the validity Of the State grant
In this connection will take leave 20 read from the
elaborate And mastery opinion Of Chief Justice MARSHALL
who pronounced the Judgment q the court few para
graphs as having difeut, and as think, decisive
bearing upon the INN ediate question before US;
what commerce does this power eAtesd The Consttu-
ZION informs 10 commerce with among
TIT several States, and With the Indian tTihes.i
hAs, We believe, been universally admitted
sgras nd s,eIy species Of Commercial intercourse
eau b eaIra &c between this country ans other 10 which
THIS power docs not extend II been ruiy com
meIee A. ne Nord used In the Consultation, anti every
part q which = Indicated W the term
" this be The admitted meaning the word, AppcA
lion " foreign nations The
Out the sentence and remain unit unless some
plain Int igibe cause which alters II.
"lhe subject TO which the applied i
merce Amsng the several States The
niemlnstd with thing which h among others, inter
mingled with them Commerce among The States Stop
duced into the interior. = ~ $50
III not Intended SAY that words that
tveen and state, bsiaeea dinercnt paIs of
The State, and shoh does or Affect other