Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-01-21
FORTIETH CONGRESS.
This Afternoons Proceedings.
THURSDAY, January 2l

faom i,1'N citizens OF New Jersey.principaliy
10 Committee on judiciary.
Mr.. sherman, from the Finance Committee,
reported 3 suosutnt" Tor bill amending the act
providing for a national currency.
Mr.. NIckers, from the Committee on the
DisiTlcI OF CoiumO OiI, reported bill 10 amend
the Usury Laws of the District of Columbia
Mr. Pomeroy presented memorials from Con-
necticut and ONO. all in favor OF female suiE-
rage
Mr.. Morton called Up his bill TO prevent the
collection OF an illegal tax on passengers.
MI. Morton first referred 10 the la w of Mary
land Of 1872, levying a tax upon passengers
hetween the cities OF Baltimore and Washing
ton. amonnBLg TO one-fifth of the passage
money. In leii, by an amenda;ory act, the
company was authorized 10 reduce the fare TO
sl5u per passenger. Next he referred 10 the
laws OF New Jersey relative to Camden aud
Amboy rad, levying State TAX upon both
passengers and freight-for every passenger
ten cents, and for every ton of mere chandIZs
hfteen cents. His first proposition was taat
thesc laws OF Maryland and New Jersey werc
In eject 4 tax upon ira vel. l. Is a tax upoa the
passenger, because IN the nature OF things the
TAX Is added 10 the price OF the passage. AIr.
NJ cited authorities in support of has pr Dpo-
siuoh, including the decision OF the Supreme
Court recently delivered by Mr.. Justice Miller.
denying the right OF the State ot Nevada
10 levy tax upon railroad and stage CON-
panies for passengers carried IN that Safe.
The case OF Nevada was exactly the same a:
That OF Maryland and New JeIs-v. HIS next
proposition was that these laws U. NJ trylaud
ana New Jersey We're in dIrect conflict with
tue Constitution of the United States, and
therefore null and void. The Consultation
gives us all common country, and guarantees
10 every citizen Ineress and egress in every
state, without Liability TO tax. II New Jersey
or Maryland nave a right TO levy a tax upon
passengers they can prevent travel because
iney can make the tax SO high as 70 do n. Ii
lney can levy tax OF ten cents or thirty cents
4 heac, they can levy tax of SI.C03. If one
state can levy such a tax. then eyery Stale can
do ii. For the last twenty. five or thirty wears
these tw States have been getting the greater
part OF their living and almost supporting
tnelr state governments by levying a tax
upon the travelling public. This is a heavy
aDnSe. On another occasion the State of Mary
!and attempted 10 tax the notes of the u. s.
Bank circulated in that State, and the Supreme
Court decided that this tax was unconstitu-
tional. as II Maryland could do 1t. every other
STATE could do II, and the notes of the u. s
oahk Wouid De taxed out Of existence Agap
Maryland attempted to exact q licen "a on the
sale OF all imported goods, which the Supreme
Conrt also decided to be nconstitu ior al. as
Maryland could, by the levying OF the tax.
stop importation altogether.
The l+th amendment Is directly in point Il
provides that no State shall make any law
abridglng the privileges and immunities OF
citizens OF all the States. One of these
privileges Is the right OF free transit
from point 10 another. and no S,ate
mas the power TO restrict this transit by
the imposition OF any tax whatsoever
This is not an open question; IL rs fully COW
cred by the decisions of the Supreme Court
ana the question is, What is Congress to do
II has been submitted TO for a quarter OF a CEN
tuTy. Millions have been drawn from the
traVeitng public 70 pay the State expenses OF
New jersey and Maryland He proposed TO
cut AZ Inc iost OF TINS evil. and make II a mis-
demeanor TO continue the payment OF this IL
legal tax. He proposed to give the Supreme
Court appellate jurisdiction, and the whole
case could be settled In a hundred days II
congress oid not do something this abuse
would continue tor another quarter of a CEN
Jury. and tue citIDens of the whole country
WcuId continue TO be taxed for the benefit of
Maryland and New Jersey.
The morning hour here expired, aud the up-
finished business, being the railroad bill of Mr.
sherman, was announced by the Cnair as being
before the Senate
MIR. Frelinghnsen expressed desire to reply
TO Mr.. Morton.
NJ. Sherman had no objection to the railroad
bill laying over informally.
Mr.. Grimes objected TO this. and moved to
postpone the railroad bill
MIR. Sherman said if il was postponed now
1t would be fatal TO the bill for this session
Mr. Anthony suggested that Mr. Ereling-
huysen could maze his remarks on the railroad
bill justas well as on the other.
Mr frelipgbnysen did not propose to discuss
the railroad bill at all, but carefully to avoid IL
He only desired 10 reply to the alta * which
had teen made on the treasury of New Jersey
After some further discussion, Mr. Freling-
buyseu indicated thar he would ask the priy
ilegs of replying to Mr.. Morton In the morn.
ing hour tO-morrow.
Mr.. Grimes then withdrew his motion.
Ou mot'ou Ot sumner the comm lttep
the District OF Columbia were directed TO en-
qulre whether any additional legislation is
necessary In reference TO the transfer of con.
vlcts sentenced by the Courts of this District
to Imprisonment in distant prisons.
MIR. Conkling introduced bill 10 prohibit
the secret sales of gold and Government bonds
and for other purposes. Referred to Commit.
tee on Finance.
Mr.. Williams gave notice OF his intention to
offer the following substitute for the Constitu-
norai amendment reported by the Judiciary
Committee:
Ordered, &c, That Congress shall have
power TO abolish or abrogate any resolution
upon the right TO vote or hold office by the con.
srtiiion or laws OF any Stale.
HoUsb.-Mr. Norris tAia.) from the Commit
tee on Reconstruction, reported a bill relative
TO the appointment of Midshipmen to the Naval
Academy from the reconstructed State.
Mr.. Norris (Ala) stated that the MIL had
been considered by the Reconstructed Com.
mittee and agree TO. The bill pas sed
The Speaker announced the following as the
select committee on the next census:-MesSrs
Garfield, of Ohio; Banks, Of Mass: Allison, of
Iowa; Latin, of N. Y; Heston, of N. c.; Ak
tell, OF Cal aud Gollady, OF Ky.
Nj Shell1barger (Ohio) introduced n bill to
Congress for the removal OF political dis lbilr-
ties. Referred TO the Committee on Recon.
struction.
The Missouri contested plaction case of
SoitZler VS. Anderson was then takea up and.
Mr. Cook, (lll.) member o. the Committee
on Elections, proceeded to address the House
In favor or the resolution reported from the
Committee, ewardng the seat to Mr.. Snltzle-
He reviewed ihe testimony taken by the Com.
mlttse, aud showed that Suitzler was clearly
entitled to the seat. having received q majority
OF the votes cast for member OF Congress in