New-York tribune., 1869-06-08
DECISION BY THE ATTORNEY GENERAL
STATE CANNOT GRANT TO A FOREIGN COM
PANY THE PRIVILEGE OF LANDING A TELE-
GRApu CARLE ON OUR SHORES.

PANN THE PRlNILkGE VI LANDlNu n AEbH
GRAPH CABLE on OUR SHORES.
WASHINGTON, June THE following decision
Of the Attorney General to letter from Peter
Cooper the President Of the New-YorR, Newfoundland
and London Telegraph Company, has just been pub
lished:
To PETER COOPER esq., President Of the ". T., Newfound
m have copsefed tie question on which you ask
my legal opinion have given IL careful etaInaiIn i
ana am now 70 s'e @ s WhStber II the New
York, Newfoundland and London Telegraph company
though the state Of Maine has given its assent thereto
10 lay its lines OF cable westerly from the shores OF
United States or TO connect its cables with those of any
other company chartered by one OF the states OF Ie
United States IL would under the Constitution ana avs
of the United States have right to do or In the first
place can doubt that any act OF concession OF
company to exercise any franchise within the territory
of the United States This territory extends by me law
Ofnations the purposes sovereignty Jufsdeo
TO at least the distance OF marine from lts sh9e
No right, therefore, within the United STATES eOu%T % o
cTue TO the NewYork, Newfoundland ana London iete
graph Company in the case you suppose by virtue OF
Charter granted by British authority the other DT h
OF your inquiry concerns the dist5uuoh Oh
tween the National Government and the several states
BY the eighth section Of the first article OF the Cohu
ton Of tile United States 1t Is provided that the Con
gress sha have power 70 gor Ry be first
clause OF the second section or the thlru article vi
Constitution declared that the judicial RoWSfp Smr,y Iy
and Maritime jurisdiction" The Admiralty ana h1l
ter J. wheat p' SS slocum ag Mayberry, 2 Wheat, p
SoTEe GSisC4 HoW SE1 5y i o6 Cohen as Virginia Wisely
p iI 5reioEs. tel:gaPGS ionsg SGmS6lthtGISS @6 SsIS
to be included within the power to regulate com.
msrce the laying teegaphlc cable unon te SHORES
iect of maritime jurisdiction, IL must follow that the
power Of Congress TO regulate and control the same
verng the opinion OF the supreme Cour. OF the United
States in Gibbons agt ogden % Wheat 1881 that com
it is intercourse IL describes the commercial intercourse
between nations and parts OF nations In all its branches
and regulated by pTesc bng rules for carrying that
intercourse and page 1888 that y has been uniyers
ally admitted that the words OF me constitution eompre
the United states and other nations" The power To
regulate includes the power to prohibit m such cases as
the public may require In the case OF
embargo. Teegraphic communication Is a new means
VI collheICIa m iid Ii, ~ hoSrorer an ipstp
ntercourse the fact that il ne one does
not in my Judgment prevent the application 10 II OF tho
Constitutional provision am OF the opinion lhat the
control OF telegraphic commqncauon WIN i9reign ma
from the shores OF the United States Is within the con-
stutonaI authority Of Congress permit, regulate,
circumstances their Judgment shall direct; and that
consequently there can be security for such enter
prises while no authority protection for them has
been derived from the acts OF Congress In other words
that the Jurisdiction Of the United states Government TO
regulate commerce with foreign nations Including every
kind OF commercial intercourse Is complete and supreme,
that be exercised and asserted whenever and In
such manner as Congress shall think ~, and that
action Of the Government Of any exparte state OF the
ton to carry intercourse with foreign nations by
teegraphc cable, which Will afford any permanent secn
ry for the value OF their continuous enjoyment unless
the previous assent OF Congress has been obtained The
separate states may grant the enjoyment OF tneT own
rights OF soil and OF privileges within thelr CONTROL but
they cannot grant rights which interfere with or limit
tho exercises OF the authority OF the National Legsa'
ture SO far as that authority from the COnsu
ton Of the United States Although not yet the subject OF
judicial determination ths to9stIqlioRal power mas
been repeatedly asserted and exercised by Congress lhu
the Cd OF March, 1851 Congress passed an act entitled
uss Of the Siovefnment IN It's Foreign Intereo1rso"
assuming the right 70 control this intercourse on the
An act TO convey teleUaphc communication
bet ween the United States aud the Island Of
Bahamas" by which the sole eIci"sire privilege
was granted 10 the Ocean Telegraph COMPANY iot &
period OF IA years construct land, and operate tee
graphic cables the shores OF Florida theTeby as
sung the exclusive control of this subject over the en-
tine florida coast ON the 24th Of July 1866, Congress
passed entitled An act 20 ald III the construction
of telegraph ncs and 10 TO the Government the
use OF the same for postal military, and other purposes
BY this act any Telegraphc Company, organized under
tle laws Of any State in the Union, may upon certain
conditions construct lines auy portion OF the public
domain, the naygabe streams or waters OF the
United states; but authority whatever IS granted TO
connect with cables coming from foreign country BY
the act OF March 3O 1861 Congress granted to the Amer
can Atlantic Cabo Telegraph Company OF New-Iork the
night talter the Company had acquired the necessary
land therefor to lay ana operate cable OF caPes on the
Atlantic coast Of the United states G. except he coast OF
FOrdaJ for the period Of % years including the night TO
lay and operate such cables within any bays harDors OF
waters OF the United states upon tue Atiahtc coast
except the coast Of Florida In addition TO these Instances
OF legislation, several bills ana resolutions have been
reported after the most full and careful dis
cussion, by the Committee on Foreign Relations
of the Senate, including some OF our eminent lawyers
and statesmen which distinctly recognize the doctrine
above set But aside from the question OF the power
Of Congress TO regulate commerce can nave no doubt
that the connection OF this country with foreign nation
by means Of Geographic cable Is means Of national
communication vital aud important both In peace aud
i'm war TO the national interests and under some crcum
stances possibly 10 the national cXsencethatl
in ITS own nature subject for national control which
would impossible for tue Government or people OF the
United allow % exist under the separate con-
troll OF single state. 10 depend upon the arrange
ments made OF the states with foreign power ITS
citizens subjects, acting either IN private or c0rpo
rate capacty. These statements seem To me 10 contain
sufficient answer 70 the question which you have sab
Intted. l.. Il, HOAR.