The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-10-20

At the Princeton Convention, after den.
elliott was nominated, committee was
ept out to find him and bring him in 4
nd in his remarks accepting the nomina-
ion he said:
II believe in the State control Of rail-
Dads and other corporations which 1t has {
,reated. do not believe that q legisia-
ure can impose great wrong upon the
people, which the people cannot saose-
laently remedy '
The Decatur convention, last December,
passed the following resolutions;
pesoyrsd That we oppose any legislation by Con- {
rress under any plea of regulating commerce De. .
ween the States, which shall deprive the people OF
their present controlling influence through state .
Pes0lyed. That the right OF the Legislature to
regulate and control the railroads OF the state must
be yndicated, established, and maintained az an
essential attribute OF State Government; ana that
those holding the doctrine that railroad charters are
in the that they are not subject 10
legislative supervision and control, have no just ap
free government; aud we will agree to no truce,
submit to no compromise short OF compete NIhul,
cation and the re.establshment OF the supremacy
of the State Government III its rights th'ough IL
Legislature to supervise and control me railroads
of the State In such manner as the pubic interest
shall demand.
In contrad,stinction to this doctrine, the
Union says Gen. Henderson favors the
National Government building and regu
lating railroads, and proceeds to set forth
his reasons why such legislation is pretera-
BILE to State legislation, especially as to
the fixing of the rates of transportation;
and also to inform its readers that Gen.
Elliott holds to the doctrine of State Con
troll.
The doctrine of Gen. Henderson is the
doctrine of Capitalization of power in the
hands of ring, placing it at distance
from the people, and in the hands of a po-
litical party
The doctrine of Gen. Elliott keeps the
power at home, in the hands of the peo-
pie, where they can manage it in their own
way.
The ARGUS does not believe that the
right granted by the people to the Federal
Government ''to regulate commerce
among the several states' includes the
right to fix rates Of transportation. Gen
Henderson does.
The Supreme Court of the United
States, in 1862, by Justice Daniel, said
The design and object OF that power Ito regulate
commercel as evinced In the history of the Consti
tuition was to establish a perfect equality among
the several States as to commercial rights, and to
prevent unjust and invidious distinctions which To-
cal jealousies, local and partial interests might
be disposed to introduce and maintain.
Those were the views pressed upon the public at
tention by the advocates for the adoption of the
Constil ution, and in accordance Herewith have
been the expostions OF this Instrument PROFOUND
ed by this court in decisions quoted by counsel on
either side Of this cause, though differently applied
by them.
The words of the grant in the Constitu-
ton are as follows:
Congress shall have power to regulate commerce
with foreign nations, and among the states and with
the Indian tribes.
The Supreme Court, in 1865, by Justice
Swayne, said:
The power to regulate commerce covers wide
field, and embraces great variety of subjects.
Some Of those subjects call for uniform rules and
national Legislation; others can he best regulated
by rules anu provisions suggested by The varying
circumstances OF different localities and limited III
their operation to such Localities. respectively. To
this extent the power to regulate commerce may be
given case is vested exclusively in the General Gov
ernment depends upon the nature OF the subject tn
be regulated Pilot latrs are regulations Of CON.
Derce, but If State enact them in good faith, and
not covertiy for another purpose, they are not tt
conflict with the power to regulate commerce. com
mitted TO congress by the Constitution.
We could fill our paper with quotations
from courts and statesmen showing that
the power alluded to does not include the
right to fix rates of transportation, and
that congress has no more right to do that
than it has to fix the price that an Indian
shall charge for his peltry. The essential
object Of this power was to ensure the free
dom OF commerce, among the states, 20
enterprise and competition by the relief of
states which import and export through
other states from improper contributions
levied upon commerce by the latter
Judge Story has deliberately explained the
meaning of the words used to express the
grant. He has infinitely shown to what
they have been applied and to what they
may be applied He shows that the pow
er extends to the regulation of navigation
and the coasting trade and fisheries. with
in as well without any state, wherever it is
connected with the commerce or inter-
course within any other state, or with for
eign nations. But it never occurred to
that learned jurist that congress could fix
the wages Of the. navigator, the value of
the merchandise, or the price of the fish.
The power extends to the regulation and
government Of seamen on board of Ameri-
can ships, but Judge Story did not per
ceive that congress could fix the pay or
hire of the seamen, and say what be should
receive for his labor or skill, and what the
master or owner of the vessel should pay.
True, congress has made regulations by
which to secure fair play to the seamen in
the payment of his wages according TO his
contract, made at home or abroad, but
congress has not yet put price on him
nor has 1t the power to do so.
The power extends to the regulation of
passenger and freight vessels, but congress
has not fixed aud cannot FIX the fare of the
passenger per capita nor the price Of the
freight per pound.
Judge Story, further along in his Com.
mentaries, adds what it may be well 20,
all to ponder at this epoch in our history.
viz:
II the Constitution l. to be oaly what the admin.
fsfrauon Of tbs day may wish IL be- and l. 20 a.
snms saE and all shapes which may SOFT The opin
direct the public co1Dcils,it viii De oiicait ind.
70 ascertain whag lie real value is. Heannul posse