The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-01-07
MERGE.

viding the remedial legislation for the
acts of oppression and injustice referred
to by the President, is whether it is
within the scope of the duties confded
to Congress by the Constitution. | will
address myself the more readily to this
point in view of the thorough and ella
borate examination which other mem
bers who have preceded me in the dis
cussion have made of the details and
practical effect of the pending bills. The
language of the Constitution is so plain,
and the weight of judicial authority in
favor of the right of Congress to exer-
else whatever power is needed for the
regulation of commerce among the
States is so overwhelming that no loop
exists to hang a doubt upon. 1t is that
Congress shall have power to regulate
commerce with foreign nations, and
among the several States, and with the
Indian tribes 1t is a historical fact
that the predominant motive which in
duced the States to meet in convention
'to frame a more perfect union" than
existed under the Confederation was 70
regulate commerce among them and t.
place it under the protection of uni
form law. During the Confederation
the States, each for itself, could regulate
commerce and there was constant peri
of conflict of jurisdiction.
| 1t is significant that in the resolution
of Virginia urging the assembling OF
| the convention this was the chief object
mentioned. Therefore, the real intent
of the clause of the Constitution, "tC
regulate commerce among the States,
can not be questioned. The design o.
the trainers of the instrument is its true
| interpreter.
The line of judicial authority in sup
port of the power to do what the Pres
ident has so wisely and well recon-
mended is unbroken from the earlier
days of the Government down to th'
present time. 1t would be work o
supererogation to cite the authorities il
support of the proposition if the powe
of Congress to do what he has advised
had not been denied by the accredited
attorneys and representatives of the cor
porations which are proposed to b
placed under the wholesome restraint
of law. In his argument before tn
Committee ON Commerce a learned al
torney, who announced himself as th
accredited representative of over 500
miles of railroad, with a capital of NOR
than 800, ,000, 900, denied that the que:
ton had ever been judicially decided
He said:
What l maintain is that there has been no ca
before the Supreme Court Of the United states
which the issue has been plainly aud distinct
marked as to what the poxsE Of Congress is
Another representative of the corpo
.. ations, in his argument before the con
mittee, with apparent sincerity, insiste
that the power of Congress to regulat
commerce was restricted to the nayig
) BILE waters.
He said:
thing that floats upon the nayigahle waters, tho
highways that have their sources in State al
tn. ir waters in another, and which boundaTi
between the different States, and which, if we b
not the different states, would have been regulat
by treaties among the several States as independe
sovereignties Commerce is commerce continu
upan waters that not within States, but wats
ways that are upon no state.
In a colloquy with the chairman
the committee he expressed himself
!. this emphatic language:
The Chairman Is it your understanding tn
Congress has no power to regulate the commerce
t passenger traffic over the railroads from state
state?
,, Mr.. Sellers Yes, sir; they have none whatev
j. If these positions be correct, the Go
d eminent is failure in one of the ma
objects of its creation. The Constit
ton is dead letter-a nullity-in o.
} of its essential provisions. The corpe
:. ations annually transporting proauc
valued at not less than $4,000. .00O. O
are without control; they are a law un
themselves, and have as large chart
). to impose whatever burdens their cupi
3 ity may suggest upon the labor and B,
mess of the country as the winds
blow where they hsteth. If they q
hedged by the divinity ascribed to the
by their devotees the figure of spec
at employed by New England statesms
now no more, has been verified, that tn
i. are like the barons of the feudal ag
in their rocky fastnesses, levying tribl
% upon all the wayfarers of business a
u, pleasure and duty, with none to mol
or to make them afraid.
Judge Redfield, in his excellent wC
on the law of railroads, has this to
a. in refutation of this monstrous
= trine:
r. Those who assume that Congress has no Iowel
y regulate the traffic these extended lines of
90 vsv reaching from end OF the Union 10
m other must If they would meet the question TAI
either say the extended lines OF railway, amour
70 many millions annually probably ten time
much a. the entire commerce OF the country al
time of the adoption of the Constitution, is
commerce at all, or III il is il be not subject to
at regulation control whatever for il Is certain
y1 States have neither the power nor capacity 10
- late to any purpose with any efficiency the Ii
A. state traffic 1t must then come under the cor
A. of Congress or be left to its own devices and
al pulses-an experiments never tried in any 0
country. (Redfeld on Railways, TO 722.1
The power of Congress to regul
commerce between the States by vi
ever agents carried on was asserted
M the highest judicial tribunal of
las United States, speaking through
tilt greatest authority, Chief Justice
de shal, in the celebrated case of GibI
i'd vs. Ogden. The Legislature of
9 York had granted to certain parties
he exclusive navigation Of all the wa
po- within the jurisdiction Of the 81