New-York tribune., 1874-01-28
XLJTID CONGRESS--1sT SESSION
ppcruAR REPORT OF PROCEEDINGS.

SENATE. WAsHTNGr0N, Jan ~, 1874
Petitions were presented as follows
BY the CHAIR (Mr Carpenter, Rep. Wis.,, from sol
d,ers OF tho late war; asking additional bounty Re
ferred TO the Committee on Pensions.
By Mr.. THURMAN Dem. Ohol, petition OF a simi-
lar character. Referred to the same Committee. Mr.
Thurman called the fact that the signatures
20 petitions presented here frequently in the
handwriting thought that great abuse, aud that
II should be discontinued. -
RgSs \ d. Caggett, Marshall Brown. VIM Gunon, A.
T. Perry. and other property holders OF Washington
The District Government asked for few days since. be
cranted He asked that the petition be read recites
tTct Government various newspapers, by reason Of
winch the District has suffered The petition was laid
Mr. EDMUNDs (Rep, VT called attention the fact
that Che law bad ST 9e4 Sed % be m e pg G Tnda ne
Contractors, and mat II should be remedied;
Fereeo Relations reported back the bill to piy the
French spoliaton claims. Placed on the calendar
,5s Of W tSe Hoa' VIM l. Mcmillan as senator from
Louisiana. he recOmuitted To the Committee Prvi-
leges snd Elections. Agreed TO.
CHEAP TRANSPORTATION.
Mr.. MORTON taep. Ind moved that the Senate pro-
coed the consideration of the resolution offered by
him a few days ago creating commission of five per
examine and report to Congress what legislation
Is required in regard to interstate railroads. provide
for cheaper for the safety and comfort OF
passengers for reform ~ abuses and to promote the
general efficiency Of railroads IN the interest OF com
merce convenience OF the travelling public Mr.
Morton addressed the Senate IN favor OF the resolution
have power to regulate commerce among the several
States The Supreme Court in several decisions, mas
defined commerce comprehend intercourse as well as
traffic, passengers we'll as merchandise. Commerce
entirely within the limits OF one State is not within tno
meaning OF the Constitution. The power TO regulate
must be exercised wherever the subject exists
and operate upon subject and those engaged in It's
prosecution The power TO regulate anu govern tne
whole includes the power to govern the constituent
lated for itself and the regnations were as
much against other States foreign States The
1,arr upuf royyiu Of
OF the formation OF the present Government.
of Congress over commerce now Is what State had
under the confederation. This power Is complete In
prescribed in the Constitution The power 70 regulate
commerce involves power TO reguaeImeans and instru
could not be executed. The Courts have always
30 held. Commerce pertains not more to water
than 10 land TranspOi tation is part OF com
nerce. From the beginning Congress has exercised
the power 10 regulate aud control navigation all
Igaoie waters except where they were wholly WITHIN
the bounds OF State. and not connecting with the
has derived entirely from clause of the CoDstu-
ton giving power TO regulate commerce, and no court
statesman pretended to derive 1t from other
Congress has made regulations OF every kind
over the construction and management OF ships aud
the power regulate commerce included the power to
regulate the instruments Of commerce Congress has
more power navigation than over railroads and
railroad trains engaged IN Interstate commerce. The
power attaches to the instrument, whether natural
arudcdl.
Following the analogy OF the power over navigation,
Congress might adopt regulations looking to the safety
Uf passengers, regularity of trains, uniformity of opera
certainty Of connections inspections of tracks,
bridges, aud locomotives, and many other particulars
tending TO promote the safety efficiency, ana develop
ence Of the people The power OF Congress to regulate
troIghts aud fares been exercised in c0Duec
existence the powers OF Government generally he
dormant until occasion calls them forth Cheapness
uniformity OF operation, speed convenience and safety
ali point to connected roads aud through lines, and
these throughout their length, should be regulated
uaifOrm methods and laws. The power TO regulate
commerce includes the power 10 regulate the common
carrier and public highway upon which IL Is trans
pOrttu. Halfway cOnpdultS are common c1lIloto
aud railroads are ipublc highways. Common carriers
required TO all and AT reasonable
is there doubt that the State in one or
Congress IN the other determine what are reason
ahe rstes' Ii there be doubt ID regard to the state
IL must arise from the charter giving the company
to regulate freghts and fares in the Dature OF
contract between the state and the company, which
power Is gravely questioned. but which he would not
and cannot limit Its power to regulate interstate com
neToe The Constitution says no state saal pass law
impdug the obligation Of contracts but this binding
only Stdte. not on Congress. state can make no
contract corporations winch would restrain Con-
gress. no sever binding might be on the State
The power Of railroad company to fix rates Is but the
power OF The state granted in its charter whatever
franchises the state grant must be accepted subject 70
STATE cannot Ubstruct Interstate commerce by direct
What the State may not do by direct legislation it
cannot. by charter or contract empower corporation
Indirectly, 10 Tx rates, heavy tribute may be |
ievIed upon the commerce of other States COM |
PEELED pass Its territory IL was intended by
tue frsmers OF the Constitution That we should have
lying the path of commerce should be permitted
make unjust determinations against others III any
form. For least months in the year the com |
merce OF Wisconsin. Minnesota Iowa, and Nebraska |
the Union Pacific Railroad passes around
the southern point OF Lake Michigan IN Illinois, and II
tnst state. defiance Of Congress. by direct legislation
through railroad companies nxes rates OF travel anu
Tor the oppression Northwestern States which is
with form OF government IranspOrta-
ton is such essential element OF commerce that
State supreme control over IT, 1t may destroy
H. This principle recognized IN the recent case Of the
Reading Railroad against Pennsylvania where the Su-
preme Court decided that tax by the State on freight
mr. I'M "A
tion and unconstitutional Each State may regulate
to ITSELF and in the absence OF Con-
gressionsl legislation may make regulations Tor com
passing its territory. provided II does
not impose burdens on interstate commerce or
make unjust dscrminations but ali such regulations
affect Interstate commerce, however merltorous III
.hsracter intention must yield TO the legislation OF
Congress IL field OF jurisdiction that states may
,ccupy IN the Of Congressional legislation. sub
ieot the conditions just named Railroad companies
nave power TO fix for freight and passengers in
the absence Of restraining legislation by the State
Congress except far modified by the prluclpe OF
the common law that common carriers must transport
Tor reasonable rates.
FINANCE RESOLUTION
Mr SHERMAN rep, Ohio moved that the Senate
proceed with the discussion of the Finance resolution.
Mr. BAYARD Dem, Dell said he desired TO address
the Senate but not ready to speak to-day, and
therefore that the resolution go over TIL Thurs
,ay unless some other gentleman desired speak The
Senator from Wisconsin (Mr Carpenter) would address
the Senate tomorrow on the Louisiana matter.
Mr. CARPENTER (Rep, Wis., said he was not sure
that he would be able to speak tomorrow anu tne sen-
tIemau (Mr. Bsyard) could proceed In the morning.
Mr. SHERMAN said it was his deeire to closs the de-
bate the resolution rs soon rs possible
TIE CIVIL RIGHTS BILL.
The senae then proceeded the consideration OF the
salendsr the first bill being that introduced by Mr..
SUMNER Qib. Rep, MsssD on the first day OF the ses-
supplementary the act to protect sl citizens OF
the JJnited States In their civil rights and furnish