The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-02-09

To Hrs ExoELLENCY BENJAMIN G.. HUMPHREYS Governor
the State of Mississippi and the HONORABLE MEMBERS
= oFTHE LEGISLATURE:
The memorial of the New Orleans jackson and Great
Northern Railroad the Southern Railroad the Mobile and
Ohio Railroad the Mississippi Central Railroad the Missis
sppi and Tennessee Railroad the Memphis and Charleston
Railroad, and the Selma and Meridian Railroad
These memorasts would respectfully state that they have
carefully considered the act of the Legislature of the State of
Mississippi approved Dec 1885, levyng of oneha cent
per mile persons travelling Railroads in this State
They have also considered the communications of the Cover
proposing composition arrangement with the Road
for the payment of this 1t has been the anxious wish of
Directory these several Roads the views of the
Executive this subject and far they could consistent
y with duty to comply with the acquisitions of the Legsa
ur in reference to this tax The Directory of these Roads
Trustees for Others They have power to make
engagements peudca the interests and rights of those
whom they represent to do act that involve them
in that may impair the value of the franchises
granted to them Acting under this of duty and
sby the Directors of the several Roads have felt constran
though reluctantly to decline the arrangement proposed
by the Governor for the composition collection of this tax
they feel DUE both him and them that they should
give for their action the
appeal to the Legislature for repeal of the law levyng the
tax
careful examination by COUNSEL whom this question
has been REFERRED has resulted the clear and settled convc
on that the tax far it is made applicable to citizens of
other States travelling through Mississippi and applicable to
citizens of the State of Mississippi travelling other States
be collected without violating the rights of such
OF.
sons under the Constitution and laws ofhe United States and
that the law far it applies to such PERSONS unconstu
ona and void If this be it evident that the officers of
these Roads could enforce the collection of this with
out violating the law and making both themselves the
Roads, liable in damages at the suit of person
aggeved by their conduct If such parties should refuse to
pay tax and its collection should be attempted either by
of their property by eecng them from the
their claim might be, for what is called punitive or
exemplary" damages in which the responsibility of
the Company would be measured by the unlimited discretion
of ure The past experience of these Companies has salts
fed your memorass that parties believing the tax to be
constitutional, would resist the payment of the tax and ns
tue for damages against the Companies it's collection
was enforced. That
ona the following considerations it is believed, will satisfy
the minds both your Excelency and of the Legislature
BY the provisions of section eight article of the Con-
stuon of the United States it is declared that the Congress
shall have power to regulate the with foreign
ons and among the several States and with the Indian
tribes"
This provision of the Constitution has been the subject of
much discussion and frequent adjudication.
Among the earliest in which the construction of this
pr on involved is that of Gibbons Ogden, 9th
3n, p case, 9th Curtis l. In that case the
ST. Court of the United States in opinion delivered by
G. Justice Marshall declares "that commerce is undoubted
Fl but it is something more; it is intercourse 1t de
1.-THE commercial intercourse between nations and parts
onaons in all its branches and regulated by prescribing
rules for carrying that intercourse The mind scarcely
conceive system for regulating commerce between nations
which shall exclude all laws concerning navigation, which shall
be silent the admission of the vessels of the nation
the ports of the other and be confined prescribing rules
the conduct ofndvduas in the actual employment of buying
and selling, or of barter"
In the opinion he declares that it has been unver
sally admitted that the foregoing words comprehend every pe
ce of commercial intercourse between United States and
foreign nations No of trade be carried between
this country and other to which this power does
tud has been truly said that commerce, the word
used in the Constitution is unit any part of which indica
ted in the term
If this be the admitted meaning of the word in its application
foreign nations it carry the meaning throughout
the sentence and remain unit unless there be plain
tellgible which alters it.
The subject which the power is next applied is
among the several States" The word among
ntermnged with thing which is "among others is inter
mingled with them Commerce among the several States
not stop the external boundary line of each State but
be introduced into the Interior
Pursuing these principles to their legitimate and proper
euson the Court reached the result that the power 70 Te
late under the Constitution of the United States
exclusively vested in Congress- and that applied not
to the ansporon of goods but of passengers and that
any state laws which undertook to regulate restrict by
means OF taxation otherwise the commercial intercourse be
tween the States either reference the traffic in goods
me OF travellers unconstitutional and void
SUBSEQUENTLY the direct question of the power
senger up in what known the Passenger
reported in 18th Curtis commencing page I22 The Judges
Of the Court delivered their opinions seriai and the follow
ing propositions determined by majority of the Cont
lst That The power to regulate with FOREIGN ma
tons and among the several States belongs exclusively 70
Congress- and that any State law attempting regulate CON
merce in these particnlars is absolutely void"
ID That commerce in the meaning Of the Constitution
only the importation and traffic in goods but also the
imnoraon and Introduction Of travellers and passengers
Sd That any State laws which attempted to prohibit the