Year: 1872

tee as to the powers Of Congress under tha
clause Of The Constitution which says: "Th'
Congress shall have power to regulate com
merce with foreign nations, and among thu
the several States and with the Indian tribes.
TO those who have kept track Of Senator
Stewards course, and are conversant with
Pacifc railroad Legislation, there can be nc
doubt but that this movement is in the inter
est of these monopolies. The Sacramento
Union has published several articles on
this question, but all indicating doubt as
to the extent of this power of Congress-, and
as to the point where this Congressional
power ceases and State power begins. Under
this clause of the Constitution, Congress
might readily and legally inte,pose its power
to prevent extortons by the people Of one
State on the commerce of another State.
The limitations Of State power, found in sec.
ton ten Of the Constitution, clearly shows
that the power was given to Congress to
meet contingencies therein enumerated. Say
California owned the Central Pacific railroad,
and she was to attempt to collect exorbitant
rates Of freight and fare on the exports and
imports Of Nevada, levy an import or export
duty Or passenger tax (already prohibited
by a Supreme Court dccision then we
would have exceeded our power, and then
could and should Congressional power begin
To make State deal as fairly and liberaly
with the commerce of neighboring State as
with that of its own is what this power to
"regulate commerce between the States is
given to Congress for. While California
compels her own people to pay exorbant
charges on their own commerce, Congress
cannot interfere against the same char, es on
Nevada commerce; but should California
restrict the charges on its own commerce and
authorize greater burdens on the commerce
of Nevada, Will, in transit over our terri


tory, then this power Of Congress could be


legally exercised in favor of Nevada. When
the powers of Congress and the prohibitions
of State power are read together no man Of
ordinary intellect can fail to see the exact
dividing line on this question Of commerce
between the States. To suppose that Con-
} gress has power, under this clause of the
Federal Constitution, to fix rates of charges
on rivers or railroads, that must be paid
within the State to common carriers, is to
suppose power that could destroy and de-
populate any State in the Union. If that
had been the intention of the framers of the
Constitution, they would have made the
clause read, Congress shall have power to
regulate commerce, az the States, and not
between the States. 1t was to prevent op-
preston Of one State by another, and to give
equity and uniformity to commerce between
all the States, that this power was given to
Congress. For National objects, such as
carrying soldiers munitions of war, and mails,
Congress has full power to name the prices
to be paid, but in all else the State is supreme
il fixing the charges within her own territory.
In the rascally Credit Mobilier Congress OF
1864 squirting at this power is found in
the legislation for the Pacific railroads In
that Act Congress pretended to reserve to


itself the power to reduce charges on freight


and passengers whenever the roads, after
paying interests, debts, officers, operating
ato aud Iiv;1oudu


per year to the stockholders, had a surplus of
earnings left; a reservation of power VIII ch
Congress never possessed, and for contin


gency that never did nor never will exist,
except in case of ATTEMPTED oppression of
one State by another, as above shown. But
this is what Stewart is driving at, to get
Congress to declare that she has power over
Commerce IN the States, and that she can
regulate the charges on these roads in the
States, but no such power exists in Congress,
and all such legislation, if attempted, would
be speedily annued by the Supreme Comt.
We are treating on what can and what can
not be legally done by Congress or
State Legislatures, and mol Of what this
Congress and President may not illegally
do, for we believe the President and ma
jority in Congress are the mere creatures of
the thieves and monopolisls of the coun-
try. After the National revenue laws have
been satisfied, California is the supreme Judge
of what her people shall pay for the trans
portation of commerce within her own bor-
ders. Then let her elect such Legislators =
will enact justice between her citizens and
the monopoly in the matter of fares and
freights; for here and here only rests this
power; and in this and this only can hel
people hope for relief.


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