New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-02
THE POWER or CONGRESS TO RIG CL4TE

COMMERCE.
The positions assumed by Senator Morton
in his recent speech on the right of Congress
to control the railroads will be repeated and
strongly emphasized in the Report shortly to
be presented by the Senate Committee on
Transportation. We learn that the Committee
will take the broadest possible ground on this
subject, claiming for the General Government
an absolute sovereignty, uutiammced by any
rights of the separate States except so far as
suoL r;sht4 macy, Lavo boon diatinosls- doG"cd
by the Federal Constitution, and insisting
that the authority to legislate over rail-
roads and canals is a necessary con-
sequence not only of the power
expressly granted TO regulate commerce with
"foreign nations and among the several
States" but of those general powers which
Congress derives directly from the people.
The States Rights party, or whatever remains
of il, will stand aghast at the centralHng
tendencies OF this Report; but whatever may
be said of it, we believe ii will be found that
the argument has been set forth with great
ability, and that the constitutional question
il raised is one of the very utmost importance.
Without attempting at this time a discussion
of the principles involved, we purpose pre-
senting q brief synopsis of the views Of the
Committee, which are likely TO have a strong
influence upon the legislation of the session.
By the adoption of the Federal Constitution
the people resumed all their sovereign powers
which had been lodged under the cOnfedera-
ton in the several States, and transferred
them TO new government, giving a part TO
the United States and a part to the States
- no e ba
eminent therefore are a portion of the SOW
ereignty of the people, and are absolute and
supreme within their sphere of action. One
of these powers is the right 10 regulate COM
merce among the States, and by commerce
is to be understoodi not only traffic,
but transportation, communication, inter-
course. "This power" says Chief Justice
Marshall in Gibbons rs. Ogden, Wheaton,
1856, like all others vested in Congress, is
complete in itself, may be exercised to its
utmost extent, and acknowledges no limita-
"tions other than are prescribed in the Con-
"stitution." In the same case the Supreme
Court holds that in regulating commerce
with foreign nations the power of Congress
" does not stop at the jurisdictional lines of
"the several States. 1t would be very use
"less power if it could not pass those lines.
". If Congress has the power to regu-
"late it, that power must be exercised
"wherever the subject exists. ,. This
"principle is, if possible, still more
"clear when applied to commerce among
"the several States. The power of
Congress then, whatever it may be, must
abe exercised within the territorial jurisdic-
"tion of the several States" In the recent
case of the Philadelphia and Reading Railroad
rs. Pennsylvania, the Supreme Court held
that the power of Congress over interstate
commerce extends to the land as well as to
water, and that transportation by rail from
one State into or through another. being a
constituent of Interstate commerce. is under
the exclusive control of Congress.
This leads TO a consideration of the extent to
which this national power over commerce may
De exercised, and the means which may be
employed to carry the power into execution.
AS TO the first point, the Report concludes,
from what has already been said as TO the
source OF the national authority, that the ex
tent is unlimited, except by such exnress 70.
strictions as may be found in the Constitu-
ton. 1t is not merely negative power. IN
prevent distractions, but it is positive nowar
to facilitate, to foster, and to direct for
the general good. Nobody Questions the
right of Congress to make the most
minute regulations for the building, eouip-
ment and management of ships and steam
boats, TO erect lighthouses, to place buoys
&C., and commerce Oh land ia rs much under