The New York herald., 1869-06-08

us snccesa However msforunes overlook the company,
rs rs, ease was severed and for several years had nothing
Pense and now being worked with reasonable
bes company found that Il may become necessary
continue s lines Of cables westerly from the shores Of
United siates That might have the warrant Of law 70 do
The passage Of permitting the extension It's lines of
cable westerly and the landing OF upon the shores
unanimously the OF that session. failed TO be
reached IN the House Of Representatives before final ad
AT the Fortyhrs, Congress the
act, although unanimously recommended by the
90 o me senate aea 70 'ass %
session As you will observe this foreign corporation,
S the Uisd
ana Sas ss until recently @ "a ses 70 Ss
70 land its cables on the shores Of the United States
telegraph companies he privilege Of landing their cables
within BY OF the States OF this Union connecting their
Of this letter is make inquiry whether il The New York.
and LONDON telegraph S9%Papy should un
Maine has given It's thereto % lay its lines OF cable
upon the shores of the United states connect It's
cables with those Of any other company chartered by one OF
ton and laws OF ihe United States have right to do so.
h0nST ss
The following Is Attorney General Hoar's reply
=. p,rr, coo,r, p!sa wAsHseToTi IN G., Nay 20 1889
70 on Y0r
have considered the question on which you ask my
prepared TO state the conclusions to which have ar
That question 4whehe the New York. Newfoundland
and London Telegraph Company should undertake without
IT'S assent hereto to lay lines Of cable westerly from the
shores Of Newfoundland and to land the came upon the
those OF any other company chartered by one OF the States OF
OF the United States have a right to do so?"
In the rs place have no doubt that any act OF con
company 70 exercise any franchise within the territory OF
lions for the purposes Of sovereignty and jurisdiction 10 at
least the distance OF marine league from It's shores The
confer upon such powers and privileges within the British
& Ss may see ~ ana re may SghGrde 10 40 any
nations and do not conflict with the rights Of other Powers,
men OF the great highway nations may pro
% tec sbs ~ ne D b be a any gan
the United States by foreign Power would be an encroach
any right afford any protection parties
s no y hs @ a ea 5s Tsd
London Telegraph Company in the case yoa suppose by yr
branch your inquiry concerns the distribution OF powers
the national az and M the several States Of
the eighth section OF the first article Of the constitution OF the
oer o reonate Commerce with foreian naoaa and
among several states" BY the first clause of the
that Judicial power the United States shall
mrlty and marims jurisdiction thus conferred has always
been held to be excusiVe IN the national tribunals Martin
p 9; Geiston vs. Hoy Wheat, 2as MarinGv clarke
H9w 4 4 Cohen vs. Wn & p &
tries can properly held included within power
seres Of the h and low water marx to be
subject of maritime jurisdiction must follow that the pow
OF Congress TO regulate and control the
II was said by Chief Justice Marshall in delivering the opn-
oSden eI s W6es n that co@msree undobedy
traffic; but is something moreit s intercourse II de
Of nations in all s branches and regulated by
at has been universally admitted that the words of the
constitution eomprenended every species OF commercial
gn e to rsssns INCLUDES ss ss s
nteres, may require as is seen in the an embargo
Teegraphic communication is new means OF commercial
supplied Being however an instrument Of commerce. and
fact tina, is does not in my Judgment prevent
the application to II of the constitutional provision. of
a epr from The shores of the United States Within
the authority of Congessto permit regulate
prohibit IN such cases and under such
aueny there can be security enterprises while
authority S % or S o1 Hs% has een Se
ton United States to regulate commerce
s complete and supreme thai can beexercsed
asserted whenever and in such manner as Congress shall
State of the Union confer any rights upon any person or
ateesraphic cable which win afford permanent seca
% % % or 1s Sas Ss 3
States may grant the endowment Of their rights OF sol
rights which interfere. with limit The exercises
OF the United sates Although not yet the subject OF Judi
cia determination power repeat
March, Congrcss passed entitled "An
pedite teegaphc communication for the OF the
It. % , Sc ss@Ss on Say he @ s sc
passed entitled "An act telegraphc
SsS 81 Ssa sa ss n g. Of
exclusive privilege granted the Ocean ree
graphic Company, for period Of fourteen to
| struct, land and operate telegraphc cables from
Exclusive control Of this subject over the entire
Florida coast on the 2sth OF July 1885, Congress
passed entitled "An act TO aid in the construction OF
telegraph lines and 70 the the of the
same for postal military other purposes" BY this
eegrap| company ORGANIZED under the laws Of any
In The Ulon, upon certain Conditions construct
nayeabe streams or waters OF the United States no
thoriy whatever granted 10 connect with cables coming
foreign country BY the act Of March 30 1857 Con-
granted to the American Atlantic Gable Telegraph Com
pany the right latter the company had acquired
The necessary land herefor 10 lay and operate cable
cables the Atlantic the nted States except the
right operate such cable within any bays har
bors waters OF the United States upon the Atlantic coast
| except the coast Of Florida.
In addition these OF legislation several bills
resolutions reported after the most full ana
discussion, by the Committee Foreign Relations OF the
Senate, including OF eminent lawyers and states
which distinctly recognize the doctrines above set FORTH
But aside the question OF the power Congress TO
regulate commerce, have doubt that the connection
OF this country with foreign nation by means Of ele
graphic q of Rational communication vital
and important both IN peace and In war 10 the national in
eres and under circumstances possibly 10 the
NATIONAL existence, that Ia IN It's nature subject for
people OF the United States 10 allow TO exist under
separate control of single State 10 depend the
arrangements made by OF the States with foreign
corporate capacity These statements 10 contain
sufficient 70 the question which have submitted
L. X. HOAR.