RAIL-ROAD USURPATION OF NEW JERSEY. OF HON. CHEAR:LES.'- SUYMN ER O F 1M[ASSACHITSETTS, ON: THE ACT TO REGULATE COMMERCE AMONG THE SEVERAL SERAL TATE I: TH-E SENATE OF THE UNITED STATES, FEBRUARY 14 i, 1G5, EnW. O RTK YOUNG MEN'S RiEPtTLFXC AN PiUOg l Rtl_~ NEW YORK YOUNG MEN'S REPUBLICAN UNION 1856-1860 —1864. 0 FYI C]eR8`. MARK HOYT, President. DEXTER A. HAWKINS, Vice-President FRANK W. BALLARD, Corresponding Secretarr CHARLES T. RODGERS,.Treasner. BIOARD oP CO0NTROL. CEPHAS BRAINERD, Chairma*. BENJAMIN P. MANlIERE. MARK HOYT. THOMAS L. THORNELL. DEXTER A. HAWKINS. WILLIAM M. FRANKLIN. FRANK W BALLARD. CHARLES C. NOTT. CHARLES T. RODGERS. GEORGE I. MATHEWS. RAIL-ROAD USURPATION OF NEW JERSEY. S P E E C H. OF HG ON. CHALRILE S SUMANEtR, OF ~IAS/SAtC] IffJSIETTS, ON THE ACT TO REGULATE COMMERCE. AMONG THE SEVER AL STATES. In the Senate of the &nihted States*, 1Yebry.-t14, 18;65. The proposition under consideration was: lie inconvenience and aill the discord of inIn the following termls:!tolerable State pretensions on the other "AN ACT TO REGULATE COMMERCE s ide. AMONG THE SEVERAL STATES. The-proposition on its face is applicable'Be it enacted by the Senate and iouse of Rep- to all the States throughout the Union;, and.esentatives of the United States of America in i s i vital oeicl1 e it concerns evetry lver Congress assembled, That every railroad com- of his country. But it cannot be disguised pany in the United States whose road is ope- that the interest which it has excited in the rated by steam, its successors and assigns, be, other House, and also in the Senate, must and is hereby, authorized to carry upon and over ibe referred to its bearing on the railroads its road, connexions, boats, bridges, and ferries, of New Jersey. Out of this circunmstance all freight, property, mails, passengers, troops, springs the ardor of opposition; perhaps, and government supplies on their way from any also, something of the ardor of support. State to another State, and to receive corpen- Therefore pardon me if I glance one motnent at the geographical position. of this Mr. President, the questionbefore us con- State, and its railroad Usurpation in the Ferns the public convenience to a remark- name of State rights. able degree. But it concerns also the unity Look on the map, or better still, consult of this Republic. Look at it in its simplest your own personal experience in the jourform, and you will confess its importancle. ney from Washington to New York, and took at it in its political aspect, and you you will find that New Jersey lies on the will recognize how vital it is to the integ- great line of travel between the two capitals rity of the Union itself. On one side we of the country, political and commercial. encounter a formidable Usurpation with all There it is, directly in the path. It cannot the pretensions of State rights, hardly less be avoided except by a- circuitous,journey. flagrant and pernicious than those which On this single line commerce, passengers, have ripened in bloody rebellion.. On the mnails, troops-all nmust move. In the chain other side are the simple and legitimate 6of communication by which capital is bound claims of the Union under the Constitution to capital —nay more, by which the Unioth of the United States. itself is bound together, there is no single Thus stands the question at the outset. link of equal importance. Strike it out, and Public convenience and the Union itself in where are you? Your capitals will be its beneficent powers on the one side. Pub- separated antd the Union itself will be loos 4 RAIL-ROAD USURPATION OF NEW JERSEY. ened. But the evil sure to follow, if this I New Jersey, between the largest States and link were struck out, must follow also in cities of the Union to create a revenue by imposproportionate extent from every interference ing ta or tiransit duty upon every person who with that perfect freedom of transit through should pass on ihe raihroad across the State between those cities from the Delaware river to New Jersey which I now ask in behalf of the Raritan bay; but that it was not their docommerce, passengers, mails and troops. sign to impose any tax upon citizens of their Such is the geographical position of New own State for traveling between intenrmediate Jersey. And it is here on this highway of places." X Here, travel that pernicious pretensions have been i again t;he policy and intent;on of the State is setup which can be overthrown only by the most clearly indicated in ex-mipting her own power of Congress. The case is plain. t;izts from the operation of ths sy'tern lof New Jersey, in the exercise of pretended taxation." —Page 29. State rights, has undertaken to invest the And here are the words of another funeCamden and Amboy Railroad Company tionary equally ifrank, belonging to the with unprecedented prerogatives. These same railroad connection: are the words of the Legislature: " It shall "The Company believe that a careful considnot be lawful, at any time during the said eration of the whole matter, as well from the railroad charter, to construct any other rail- provisions of the charter as fromi t recurrence roads in this State without the consent of to the period when it was granted, will produoe the said cornpanies, Iwhich shall be intended tie conviction that the transit dutry was intended or used for the transportation of passengers to be levied only on citizens of other States passor merchandise between the cities of Nle i t hrou gh New Jersey." York: and Philadelphia, or to compete in The spirit in which this tax has been laid business with the railroad authorized by will appear from another incident which the act to which this supplement is relative."' cannot be wlithout interest to the Senators (New Jersey Session Laws for 1854, page from New York. The Erie railroad, which 387.) 1Here, in barefaced terms, is the grant is so inmportant to transportation in the of a monopoly in ill railroad transportation?, great State which they represent on this whether of cominerce, passengers, Inails, or:oor, has been compelled, in addition to the troops, between New York, a city outside usual tax on that part of:the rolad in New of New Jersey, and Philadelphia, anotherm Jersey, to pay an extra tax in the shape of city outside of New Jersey. Or, looking at "a transit duty of three cents on every pasthis grant of monopoly again, we shall fi-nd senger and two cents on every ton of goods, -that while it leaves the local transportation of it wares, and merchandise, except passenger, New Jersey untouched, it undertakes to reg- and freight transported exclusively -within ulate and appropriate the transportation be- this State." This imposition' was'as late tween two great cities outside of New Jer- as 1862, and it is a part of that saine systemn sey, constituting, fiom geographicalpositioin, lwhich consititltes the" railroad Usurpatiorn the gates through which the whole mighty on f New Jerse. movement, north and south, must pass. I But, the character of thfis Usurpatiol beIf this monopoly is offensive on its face, comes still miil'ne apparent int the conduct it becomes still nlore offensive when Awe ado pted towarcd anotler railroad in New consider the motive in which it had its ori- Jersey. It appl)(-rs that a succession of gin. By the confession of its supporters, it railroads has been constructed, under~ charwas granted in order to raise a revenue for iters of this State, from Raritan Bay, oppothe State out of menr and business not of the site New York, to Cainden, opposite PhilaState. It was an ingenious device to tax delphia, constituting a conitinious line, suitcommerce, passengers, mails, and troops in able for transportation, across New Jersey their transit across New Jersey, fiomn State and betNeen the two great cities of New to State. Here is a confession, which will YorkL and Philcadelphia. The continuous be found in the legislative journal of New line is known as the Rtaritan and Delaware Jersey, as long ago as 1841, in a document hLay Ra.ilroad. On the breaking out of the from the executive committee of the coa- rebellion, when, Washington was menaced lesced railroads, represented by the Camden by a wicked enemy, and the patriots of the and Amboy Company: il-:and were aroused to sudden efforts, the " Iseems plain, firom the acets incorporating Ouarteitrnster-General of the Jnited States these companies, and the testiony of those ditrected the transp(ortaticil of troops, horses, best conversant with the history of their incor- aggage, ilnd lmunitions of war, from New porations, that it was the policy of the State, York to Philadelphii a over this line, The taking advantage of the geogratJhical position of other railroad, claiming a monopoly, fied a RAIL-ROAD USURPATION OF NEW JERSEY. 5 bill in equity, praying that the Raritan and The bill is arraigned as unconstitutional. Delaware Bay Railroad " be decreed to de- But this objection is a common-place of opsist and refrain" from such transportation, position. When all other reasons fail, thea and also praying " that an account may be is the Constitution invoked. Such an attaken to ascertain the amount of damages." tempt on such an occasion attests to my The counsel of the monopoly openly insisted rmind the weakness of the cause. It is little that, by this transportation, the State was better than the assertion of an alias in a "robbed of her ten cents apassenger;' and criminal case. then cried out, "I say it is no defense what- The entire and unimpeachable constituever if they have succeeded in obtaining an tionality of the present measure is apparent order ofthee Secretary of War, when we call in certain familiar precepts of the Constituupon them to give us the money they made by tion, which were brought to view in the it; and that is one of our calls. They have title and preamble of the bill as introduced no right to get an order to deprive the State by me, but which have been omitted in the of Neew Jersey of the right of transit duty, bill now bofore us. The title of the bill as which is her adopted policy." Such was the introduced by me was,'" to facilitate cornargument of Mr. Stockton, counsel for the mercial, postal, and military communication monopoly, N, ovember 12, 1863. The tran- among the several States." This title opens sit duty is vildicated as the adopted policy the whole constitutional question. This of New Jersey. Surely, in the face of such was followed by a preamble, as follows: pretensions, it was time that something'hould be done by Congress.: " Whereas the Constitution of the United should be done by Congress.: Such, sir, are the pretensions of New Jer- States confers upon Congress, in express terms, the power to regulate commerce among the sew_ sey to interfere with commerce, passengers, eral States, to establish post roads, and to raise mails, and troops from other States, on their and support armies: Therefore, Be it enacted." way, it may be, to the national capital, even with necessary succors at a moment of na- In these few words three sources of power tionl peril. Such pretensions, persistently are clearly indicated, either of which is ammaintained and vindicated, constitute a plei; but the three: together constitute an Usurpation not only hostile to the public overrunning fountain. interests, but menacing to the Union itself. Flirst. There is the power "to regulate Here is no question of local taxation, or commerce among the several States." Look local immuniaties, under State laws; but an at the Constitution and you will find these open assumption by a State to tax the coln- f identical words. From the great sensitivemerce of the United States on its way from I hiess of States this power has been always State to State. exercised by Congress with peculiar caution; Fromi the nature of the case, and accord-I but it still lives to be employed by an enfraning to every rule (of reason, there ought to 1 chised Government. be a remiedy for such a grievance. No In asserting this power I follow not only usurpil monpoly ought to be allowed to i the text of the QConstitution, but also the establish itself in any State across the na- authoritative decisions of the Supreme Court tlonal highway, and, like a baron of thei of the United States. Perhaps there is no middle ages perched in his rocky fastness, question in our constitutional history which levy tolls and tribute from all the wayfarers has been more clearly illustrated by our of business, pleasure, or duty. The nut- greatest authority, Chief Justice Marshall. sauce:shuld be abated. The Usurpation In the well known case where the State of should:be overthrown. And happily the,New York had undertaken to grant an expowers are amrple under the Constitution of elusive right to navigate the waters of New the Ulited tates. ollowig unquestio- York by vessels propelled by steam, the able principles and autlentic precedents, the illustrious Chief Justice, speaking for the comimtteee aave pioosed a remnedy which I court, declared the restriction to be illegal, nIw pr Ic ed to discuss. because it interfered with commerce between.'Pie bill -undlr eonsiderationI wvas origin- the States precisely as s ow done by'ew all/ ilttrodu(e ei by me ilnto the;Senate,. It Jersey. In iis opinion commlerce was somnew afterw nrd adolpted'mtld passed by the thing more than tlraffic or the tranisportation oter (on ouse as a suLbstitute t fr a kindrded of property. It was also "the eoimmnreial biL whici wits pendillg tere. B ey thethe intercourse between nations and parts of nagt' erai interest whichL I ltake in the public tions in all its branches,"' alnd it emrbraced tbuilleuss this is tny special.reason foir enter- by necessary inf rence all inter-fftate comic:', lLnt~o tlhis; discussio. untoxications and the whole subject of inter 6 - RAIL-RLOAI USURPATION OF NEW JETR.SEY:. course between -;che people of the severial;ultositio 1 ofi such a p;owvr in a State is uIterly States. It was declared that the power of inclsisttnt with at cotmercial: power, either Congress,over the subiject Mwas not limited' piurmount or exclusive in Congress." by State lines, but that it was co-extensive Mr. Justice Grier said, with great point: Withi ommerce itself, according to the en- Towhat purpoe commit to Congres the l arged signification of the term. Here are tpower of regulating our intereours( with foreign the words of Chief Justice Marshall: nations and among the States, if t ese reaula~":But in regulating commiherce with foreign tioens may be chanvged at the discretion of each nations, the power of Congress does not stop State?' * "It is, thereat the jurisdictional line's of the several States. fore, not left to the discretion of each State of It would be a very useless power if it could not the Union either to refuse a right of passage to pass these lines. Every district has a right to persons or property, or to exact a dumy on perparticipate in it. The deep streams which pen- mission to exercise it."-7 Howard, 464. etratoe our country in every direction pa ut tis the very thing th s now done through the interior of almost eery State'i But ths the ery thng that s now d the Union, and furnish the means for exercising by New Jersey, which. exacts a duty" this right. If Congress has the power to regulate from pass engers across the State. it, that power must be exercised wherever the sub- Mr. JOHNSON. Do I understand the ject exists. If it exists within the States, if Senator to be quoting from the Passenger a foreign voyage may commence or terminatee case? at a port within a State, then the power of Con- Mr. gloss may be exercised within a State."-Gib- SU NER. Yes sir. bonss vs. Ogden, 9 Whleaton, 196. Mr. JOHNSON. That was a case where This important decision of the Supreme the legislation of Massachusetts was brought Court was before railroads. It grew out of before the court. an attemptto appropriate certain navigable Mr. SUMNER. I have already stated thoroughfares of the Union. But it is that there were two State offenders at that equally applicable to those other thorough- time; there is now only one. fares of the Union, where the railroad is I call attention alsoo t the case of the the substitute for water. It is according to Wheeling bridge, where Congress, under the genius of jurisprudence, that a rule once peculiar circumstances, exercised this idenestablished governs all cases which come tical power. In this case the State of Pennwithin the original reason on which it was sylvania claimed the power to limit and fouded.: Therefore I conclude confidently control the transit across thre Ohio river to that the power of Congress over internal the State of Ohio, and this power was afcommerce by railroad is identical with that firemed by the Supreme Court so long as over internal commerce by water. But this Congress refrained from legislation on the decision does not stand alone. subject. But under the pressure of a pubMr. Justice Story, who was a member of lic demand, and in the exercise of the very the Supreme Court at this time, in a later powers which are now invoked, Congress decision thus explains the extent of this has declared the Wheeling bridge to be a power: lawful structure, anything in any State law "It does not stop at the mere: boundary line to the contrary notwithstanding. The Suof a State;, nor is it Ionfined to acts done on the preme Court, after the passage of this act, water, or in the necessary course of the naviga- denied a motion to punish the owners of lion thereof Itexteids to such acts done on land the bridge for a contempt in rebuilding it, as intrfere with, obstruct, or prevent the free ex- and affir-ned that the act declaring the ercis o the power to regulate commerce with Wheeling bridge a lawful structure was foreign nations and among the States."- Unite within the legitimate exercise by Congress;States vs. Coombs, 12 Peters, 78.: mate exercise by Congress XSttes vs. Coombs, l; Peters, 78. of its constitutional power to regulate coinFrom various cases illustrating this power merce. (13 Howard, 528.) Btt it is this -I, call attention to that known as the Pas- very power which is here invoked in a case -enger case, where the Supreme Court de- more important, and far more urgent, than lared that the statutes of New York and that of the Wheeling bridge. Massachusetts, imposing taxes upon alien There is also another case where Conpassengers arriving at the ports of those gress has exercised this power precisely as tStates, wras in derogation of the Constitu- is now propl)sed. I refer to the Steubention. On this occasion Mr. Justice McLean ville bridge and Holliday's Cove railroad said: across the Ohio, in what is called the Pan-'S, ihalI passengers, admitted by act of Con- handle of Virginia. This bridge was first gress without a tax, be taxed by a State? The attempted under a charter granted by Vir RAIL-tROAD -USURPATION OF N EW JERSEy. 7 ginia, but Congress at last interfered and raise and supFport armis:" an unquestionenacted: able power lodged in Congress. But this -" - That the bridge,prttly cons tructed across grant earries with it, of course, all inetthe Ohio river at hteubenville, in the State of dental powers necessary to the execution of Ohio, abutting on the Virginia shore of said the principal power. It would be absurd river, ishereby declared tobe a latfu structuret. to suppose that GCon grss could raise;an "That the said bridge and H6ollida;y's Cove army, but could not authorize the agencies railroad are hereby deelard a putblio highway, required forits transortaton from plae to and established a post road for *thepurpose of plae. ngress ha not been guilt of ny transmission of mails of the United States." —L such iabsurdity Already it has by formal Statutes at Large, 569. act proceeded "to authorize the President Such are the precedents -of courts and of of the United States in certain cases to take statutes showing how completely this power possession of railroads and telegraphs, and belongs to Congress in tlhe regulation of in- for other purposes." (12 Statutes at Large, ternal comlmerce. Thef authloritiesX aire plain p. 334.) By this act the President is emand explicit. They cannot be denied. powered "'to take possession pf any or all They cannot be explained away. t:t wo:uld the railroad lines in the United States, their be superfluous to dwell on fthem. here rolling stock, their offices, shops,,buildings, they stand like so many granite: columns, and all their appendages and apprtenanfit supports of thatinternal commerce which ces," and it is, declared that any such railin itself is a chief support of the Union. road shall be considered as a post road Secondly. There is also the power "to and a part of the military establishment of establish post roads," which is equally ex- the United States." Here is the:exercise of pliicit. Here, too, the words are plin, and a broader power than any which is now rothey have received an autthoritati-ve exposi- posed. The less must be contained in the fion. It is with reference to th se words greater. that Mr. Justice'Story remarks that "' con- Mr. President, such are the three sources stitutions of government do not turn upon of power in the Constitution, each and all ingenious subtleties,'but are adapted to the applicable to the present case. Each is inbusiness' and exigencies of -human society; disputable. Thereforethe conclusion, which and the powers given are understood, in a is sustained by each, is three times indislarge sense, in order to secure the public putable. interests.: Common sense -,becomes thfe So plain is this power that it has been guide, and prevents- men from dealing with admitted by New Jersey in a legislative:act, mere logical abstractions." (Story, Coin- as follows: mentaries on Constitution, vol. 2, sec. 1134.): The same learned authority, in considering "SEc. 6. Be it enacted, That when any other th:ese words:t of - th~e f Constitution, seems tou railroad or roads forthe transportation ofpassengers and property between New York and Philve anti ated the veryquestio now un- adelphia across this State shall be constructed der consideration. Here is a passage which and used for that.purpose, under or by virtue of mayfitlyclose the argument]on, this head: any law of this State or the United States autho":'Loet a case be taken witLen State policy"- rizing or recognizing said road, that then and in that case the said dividends shall be no longer: As, for instance, in New Jersey at this payable to the State, and the said stock shal'b time- re-transferred to the Company by the treasurer "or State hostility shall lead the Legislature to of this State." close up or discontinueca road, the nearest and the best between two great States, rivals, per- Thus, in formal words, has New Jersey haps, for the trade and intercourse of a third actually anticipated the very measure now State; shall it be said that Congress has no under consideration. All that is now pro-' right to make or repair a road for keeping open posed so far as New Jersey is concerned,:is for the mail the best means of communication simply to recognize other railroads for. the betaween those States? May the national Gov- transportation of passengers and proerty ernment be compelled to take the most incon- between New York and Philadelphia across venient and indirect routes for the mail? In s State other words, have thie States the power to sail how, his. and upon what roads, the mails shall and shall Such is the argument in brief for the connot travel?; If so, then, in relation to post stitutionality of the present bill, whether it roads,'the States, and not the Union, are su- be regarded as a general measure applicable preme."'-Story, Commentarie s on the Constitu- to all the railroads of the country, or only tion, vol. 2, sec. 1144. applicable to the railroads of'ew Jersey. Thirdly: Then c- omes thel power: ";to The case is so plain and,absolutely unas 8 tRAIL-ROAD: USURPATION OF NEW JERSEY. sailable that I should leave it on this simple is one thing; the riglt to make it is another. exhibition if the Senator from Maryland, I turnpike company may be authorized to muake [Mr.: JiOHNSON,] who always brings - to a road, and yet may have no jurisdiction, or at; these questions the authority of profissional least no exclusive jurisdiction, over it." —2 reputation, had not most zealously -argued Story on Constitution. sec. 1146. th other way. According; to him the bill Had the distinguished commentator anis nconstitutional. Let me say, however, ticlpated the argument of the Senator from that tie onelusion of the learned Senator Maryland, he cotld not have answered it is only slightly sustained by the reasons more completely. which:he assigns. Indeed his whole elab- Passing from these constitutional generorate- argume~nt,- if briought t o the; touch- alities the Senator caine at: once to an asstone, Will be found inconclusive and un- sumption, which, if it were sustained, would limit essentially the power of C onlgress with The Senator opened with the proposition regard to post roads. According to hi that tihe internal commeree of a State is the words of the Constitution autnorizing within the exclusive jurisdiction of the State, Congress to establish post roads," means anda from this he argued that the pr es that t shall desgnate rads aleady bill is unconstitutional. But the Senator existing; and in support of this assumption he relied, upon the message f Mr. M~onro e will allow me to say that his: proposition is he relied upon the of Mar. Mor nbt:sufficiently broad for his conclusion. in 1822, on the Cumberland road. The The present bill does not touch the internal learned Senator adds that this is "the recommerce of a State, except so far as it ceived opinion uniformly acted upon and may be a link in the chain of "commerce since recognized as the correct opinion by amiongX States,'"' which is committed by the judiciary." Of course his testimony on Constitution to the jurisdiction of Congress. this point is important; but it is overruled Mark this distinction, I pray you: for iris at once by the authority I have already esSential to a right understanditng of the cited, which says that "the power to establish post offices and post roads has never F4'romn' this inapplicable proposition: the been understood to include no more than, Senator passed to another' equally inappli- the power to point out and designate post cable. He asserted that the jurisdiction of offices and post roads." (Story's ComilenauState over all territory within the limits taries, vol. 2, sec. 1136.) In the face of was Vexclusive, so that the United States Mr. Justice Story's dissent, expressed in his cannot obtain jurisdiction over any portion authoritative Commentaries, itis impossible thereof, except by assent of the State; and to say that it is "the received opinion," as fronL this again he argued the unconstitu- has been asserted by the Senator. But the tionality of the present bill. But this very learned commentator insists that;the Conillustration seems to have been anticipated stitution itself uniformly uses the word by Mr. Justice Story in his learned Comn- establish in the general sense and never in inentaries, where he shows conclusively, this peculiar anae narrow sense," aid after first, that it is inapplicable, and secondly, enunerating va rious places where it occurs, that sO far as it is pplicable, it is favorable says, " it is plain that to construe the word tO bthe power.' -Hereare his words:: in any of these cases as equivalenit to desiy3ate or point out would be absolutely absurd. "Tile chluse respecting cessions of territory T'le clear import of tile word is to create forthe seat of Governllent, andr for forts, arse- and form and fix in a settled manner." nals, dck-yards, &c., has nlothing to do wicth,, To establish post offices and post roads is the poilt. But ifit had, it is favorable to the to frane and pass laws, to erect, make, "But surely it will not be pretended thamt form, regulate, and preserve them. ihatConress coiuld: not erect a fort or lagazine in ever is necessary, whatever is appropriate a place witlhin: a State unless the State should, to,this purpose, is within the power." cede the territory. The only effect wouldl bee (Ibid., sec. i131.) I might quote other that tihe jurisdiction in such s a ct'asei would not hbe words from the same authority; but this is exielusive. Suppose a State should prohibit a enough to vindicate the power whrlich the 1sale of anyT of the lid.0 withinl its boulndalii st Senator has denlied. ni, izews fnor, r any ldblic proeis m( rits own tzenX uoiany publicpuro~ cs mdii- Buthereitis my dutytoremind the Sunpensvl linb tihe Union, citless ina iltiy t civlll ate that the argument of the Sentator from would no Congress possess a constit utionhi head is,t f right to demand aid appropriat lind within alad on this head i ot oily false i the i8tito1ri such purpuses, making ajusteo1 its assumption, but that the assum]ptioi, pe~n'saiio:; Excusive jari esdiction over a road even if correct, is enltirely inapplic able ( RPIL-ROLD USURPATION OP NEW JERSEY. the present occasion. The bill now before known prohibition were applicable to Conthe Senate does not undertake to create, but gress. simply to designate or oint out, certain From these details of criticism the Senaroads. Therefore it does not fall under the tor jumped to a broader proposition.'0He objection which the Senator has adduced. asserted that the pending measure was doEEven by his own admission it is constitu- structive of the sovereignty of the States, tional. and he even went so faras to say that it was But the Senator, not content with an the same as if you said that all State legiserroneous assumption concerning post roads, lation is null and void. These, sir, were which, even if correct, is entirely inapplica- his exact words. How the Senator, even in ble, made another assulnption concerning any ardor of advocacy, could have ventured another clause of the Constitution which on this assumption, it is difficult to comprewas equally erroneous and inapplicable. hend. Here is a measure, which, as I hamv The- Senator argued that the railroad char- already demonstrated, is founided on three ters in New Jersey were grants in the na- different texts of the Constitution, which is ture of a contract, and that they were pro- upheld by three unassailable supports, and tected by "the constitutional inhibition upon which is in essential harmony with the States interfering with contracts;" and here Union itself; and yet we are told that it is he referred to several decisions of the Su- destructive of the sovereignty of the State,,preme Court of the United States.' I do Such an assumption seems uttered in thX not trouble you with the decisions. It will very wildness of unhesitating advocacy.? If beenough if I call attention to the precise it is anything but a phrase, it must be 0ottext of the Constitution, which is: "No State demned, not only as without foundatioh, shall pass any law impairing the obligation but as hostile to the best interests of the,of contracts.' country. Look at these words, and it appears, in Sir, the pending measure is in no respeot'the first place, that this prohibition is ad- destructive of the sovereignty of the, States; dressed to the States and not to Congress, nor does it in any sense say that all Stat whose powers are not touched by it. Look legislation is null and void. On the contrary. still further at the railroad charters, and it simply asserts a plain and unquestionabli even admit that they were grants in the, na- power under the Constitution of'the United ture of a contract; but you cannot denlythat States. If in any way it seems to touch the contract must be interpreted with refer- what is invoked as State sovereignty, or Xt ence tothe Constitution of the United States. set aside any State legislation, it is only i Learned judges have held that the law of pursuance of the Constitution.;It is simpy the place where a cositract is made not only because the Constitution, and the laws mnade regulates and governs it, bu~tt constitutes a in pursuance thereof, are the supremnelawof part of the'contract itself. (Sturgis vs. the land. Crowninshield, 4 Wheat. 122-.) But if the, But the assumptions of the Senator bring law constitutes a part of the contract, still me back to the vital principle with whiih-l more must the Constitution. Apply this began.'After exhibiting the public conveprinciple and the case is clear. Every rail- niellce involved in the present question, I road charter has been framed subject to the said that it concerned still more the unity of exercise of the acknowledged powers of Con- the Republic. It is in'short -that identical gress, all of which are implied in the grant question, which has so often enitered -this as essential conditions, not less than if they Chamber, and which is now convulsing this were set forth expressly. The Supreme land with bloody war. It is the questio)nof Court has decided that "all contracts are the Union itself. In his ardor for tht vammade subject to the right of emiqnent domains, pire monopoly which, brooding over New so that they cannot be considered as violated Jersey, suclks the life-blood of the whol. by the exercise of this right." (The West country, thie Senator from Maryland sets'up River Bridge vs. Dix, 6 Howard, 507.) But most dangerous pretensions in the name0 o -the powers of Congress, invoked on the pre- State rights. Si r, the Senator flings inox sent occasion to regulate commerce among one scale the pretensions of State rights. the several States, to establish post roads, Into the other scale I fling the Union itself, and to raise and equip armies, are in the na- Sir, the Senator from Maryland is a prMac ture of an eminent domain, to which all local ticed lawyer, and he cannot have forgotten charters are subject. Therefore, I repeat that Nathan Dane, whose name is an anu again, nothing is proposed "impairing the thority in our courts, tells us plainly thaat obl!igation of a contract," even if that well- the terms "' sovereign States," "State sovm O ]xRAIL-ROAD USURPATION OF NEW' JERBflY. seeignty, " "State rights," and "rights of I have already presented a picture of Stte," are not constitutional expressions." these intolerable pretensions. But they Others of equal weight in the early history must be examined more minutely. They of the country have said the same thing. mnay be seen, first, in their character as a Mr. Madison, in the Convention which monopoly; and, secondly, in their character'medmethe Constitution, said, "Some con- as a Usurpation- under the Constitution of tnd that States are sovereign, when, in fact, the United States. I need not say that in they are only political societies. The States each they are equally indefensible. never possessed the essential right of sover- If you go back to the earliest days of Engeignty. These were always vested in Con- lish history, you will find that monopolies grssB." Elbridge Gerry of Massachusetts, have from the beginning been odious, as conin the same Convention, said: "It appears trary to the ancient and fundamental laws to me that the" States never were independ- of the realm. Awriter, who is often quoted ent. They had only corporate rights." in the courts, says: "Monopolies by comGeneral Piuckney, of South Carolina, said: mon law are void, as being against the free"I hold it for a fundamental point, that an dom of trade and discouraging labor and isdividual independence of the States is ut- industry, and putting it in the power of parrly irreconcilable with the idea of an ag- ticular persons to set what prices they please gregate sovereignty." (Madison Papers, on a commodity." (Hawkins's Pleas of page 631.) Both Patrick Henry and George Crown, vol. 1, p. —.) But without claimMason, in the Virginia convention, opposed ing that the present monopoly is void at the Constitution on the very ground that it common law, it is enough to show its inconsuperseded State Rights. But, perhaps, sistency with the Constitution. And here I the true intention of the authors of the Con- borrow Mr. Webster's language in his fastitution may be best found in the letter of mous argument against the monopoly of General Washington, as President of the steam navigation granted by the State of Convention, transmitting it to congress. New York, as" follows::ere are his words: "Now I think it very reasonable to say that " It is obviously impracticable in the Federal the Constitution never intended to leave with theGovernment of these States to secure all rights of States the power of grarnting monopolies either of idependent sovereignty to each, and yet provide trade or of navigation; and therefore, that as to for the safety of all. Individuals entering into this, the commercial power is exclusively in -oiety must give up a share of liberty to pre- Congress." Irve the rest." * * * Ihn all our deliberations we kept steadily in view Then again he says: at whichk appears to us the greatest interest of - "I insist that the nature of the case and of every true American-the consolidation of our the power did imperatively require that such Union-in which is involved our prosperity, important authority as that of granting monopoieqty, perhaps our national existence. lies of trade and navigation should not be con.:'-GEORGE WASHINGTON." sidered as still retained by the States." I content myself on this head when I find And then again, he adduces an authority myself with the support of this great name. which ought to be conclusive on the presBy the adoption of the Constitution the ent occasion. It is that of New Jersey at peopIe of tthe United States constituted an earlier day: themselves a nation, one and indivisible, The New Jersey resolutions with all the unity and power of a nation. the Constitution ofthe Udited States,) complain They were no longer a confederation, sub- that the regulation of trade was within the ject to the disturbing pretensions, prejudices, power the several States, within their separate and whims of its component parts, but they jrisdiction, to such a degree as to involve many brcame a body-politic, where every part difficulties and embarrassments; and they exwas subordinate to the Constitution,- as press an earnest opinion that the sole and excluev~eBry part of the natural body is subordinate sive power of regulating trade ought to be with t the principle of life. The sovereignty Congress." of the United States, where all are but "parts And yet, in the face of these principles of one; stupendous whole." The powers we have a gigantic monopoly organized by then' and there conferred upon the nation New Jersey, composed of several confedewere supreme. And it is those very powers rate corporations, whose capital massed towhich I now invoke, in the name of the Xgether is said to amount to more than $27,Utnion, and to the end that pretensions in 537,977-a capital not much inferior to that the name of State rights may be overthrown. of the United States Bank, which once RAIL-ROAD USURPATION OF NEW JEW SET. ] seemed to hold "divided empire" with the as it traverses her territory on the way from national Government itself. Divisum im- State to State, then may every other State perium cum Joe Casar, habet. And this do likewise. New York, with he centr l transcendent monopoly, thus vast in re- power, may build up an overshadowing sources, undertakes to levy a toll on the corn- monopoly and a boundless revenue, whil merce, the passengers, the mails, and the all the products and population of the Wet troops of the Union in their transit be- traversing her territory on their way to th tween two great cities, both of which are sea, and all the products and population of outside of New Jersey. In its attitude and the East, with the contributions of foreign in its pretension the grasping monopoly is commerce, traversing her territory on thr not unlike Apollyon in Bunyan's Pilgrim's way to the West, are compelled to pay triProgress, whose usurpation is thus de- bute. Pennsylvania, holding one of the orib ed: great highways of the Union; Maryland, constituting an essential link in the chain,, But now in this Valley of Humiliation poor Christian was hard put to it; for he had gone of communication with the natonal capital but a little way before he espied a foul fiend Ohio, spanning from lake to river, aind coming over the field to meet him; his name was forming a mighty ligament of States, Eat Apollyon. Then did Christian begin to be and West; Indiana, enjoying the same unafraid, and to cast in his mind whether to go surpassed opportunities; Illinois, girdled.back or to stand his ground." * by States with all of which it is dove-tailed "Now, the monster was hideous to behold; by railroads east and west, north andsouth; he was clothed with scales like a fish, and they are his pride; he had wings like a dragon, feet Kentucky, guarding the gates of the Southlike a bear, and out of his belly came fire and west; and finally, any one of the States on rmeoke, and his mouth was as the mouth of a the long line of the Pacific railroad may ion. When he was come up to Christian, he enter upon a similar career of unscrupulous beheld him-with a disdainful countenance, and exaction until anarchy sits supreme, and tus began to question him: there are as many different tributes as there ":ArLLYON. Whence come you, and whither are States. If the Union should continue ar C AN. I am come you boundof to exist, it would be only as a name. The "'CHR-sTIAN. I am come from the city of national unity would be destroyed. Destruction, which is the place of all evil, and The taste of revenue is to a Governmentd. am going to the city of Zion. " AOLLYON. By this I perceive that thou like the taste of blood to a wild beast, quickart one of my subjects; for all that country is ening and maddening the energies, so: that mine, and I am the prince and god of i." it becomes too deaf to all suggestions of inNew Jersey is the Valley of Humiliation justice; and the difficulties must increase trhough which all travelers~north and south where this taxation is enforced by a far wom the city o f New Yor~ to the city of reaching monopoly. The State once tastfrom the city of New York to the city of ing this blood, sees only an easy way of Washington must pass; and the monopoly, obtaining th m ean s it de and o like Apollyon, claims them all as sub-e means it desires;and other jects." sayingy "for all that country is mine, States will yield to the same temptation. ~eand. s -I am the prince and god of it." The poet, after picturing vice as a monster,;r4id I am the prince and god of it.":The enormity of this Ujsurpation maybe of frightfulmien, tells us in familiar words — seen in its natural consequences. New " Yet seen too oft, familiar with her face, Jersey claims the right to levy a tax for We first endure, then pity, then embrae." State revenue on passengers and freight in A profitable Usurpation, like that of New transit across her territory from State to Jersey, would be a tempting example te State; in other words, to levy a tax on other States. "It is only the first step "commerce among the several States." Of which costs." Let this Usurpation be course the right to tax is the right to pro- sanctioned by Congress, and you hand over hibit. The same power which can exact the domestic commerce of the Union to "ten cents from every passenger" accord- succession of local imposts. Each State ing to the cry of the Camden and Amboy will be a tax gatherer at the expense of the Railroad, by the voice of its counsel, may Union. - Each State will play the part of exact ten dollars or any other sum, and thus Don Quixotte, and the Union will be Sancho effectively close this great avenue of com- Panza, bound not only to contributions, nunication. but also compelled to receive..on- the bare But if New Jersey can suceessfully play back the lashes which were the -penance of this game of taxation, and compel tribute the knightly adventurer. If there be any from the domestic commerce of the Union single fruit of our national unity, if there be 12 RAIL-ROAD USURPATION OF NEW JERSEY. singleelement of the Union. if therebe union, under the national Constitution, any single t riumph of the Constitution commerce is free. As the open sea ig the ich m-agy be placed above all otherS, it is highway of nations, so is this Unjon the t: fg eedom: of commerce between the highway of the States, with all their corn es, under which that fre trade, which mere, and no Statet ca- claim any exclui th'a~spiration of philosophers, is assured sive property therein — The Union is t ell itizens of: the Union, as they circu- mare librum beyond the power of any State, at thorough our whole broad country, with- -and not: a mare clasutm, subject to as many out hindrance from any State. But this tyrannies as there are States. And yet the vital principle is now in jeopardy. State of New Jersey now asserts the power Do not: forget that it is the tax imposed of closing a highway of the Union. on commerce between New York:and Phila- Such a pretension, so irrational and d dihia,; two; cities outside of the State of structive, cannot be dealt with tenderly.: Jersey, whih I denounce. -I have de- Like the serpent, it must be bruised onthe iouncedit as hostil e to:theUnion. I also head. Nor can there be any delay. Every danounce it ashostile to the spirit ofthe age, moment of life yielded to such a Usurpation wi h is evwerywhere overturning the bar- is like the concession once in an evil hour iers of commerce. The robber castles, yielded to nullification, which was kindred which once compelled the payment: of toll in origin and character, The presentproi: the:Rhine,-were long ago dismantled, tension of New Jersey belongs tohe se anid exist now only as monuments of pictU- school with that abhorred and blood-.be eque beauty. Kindredpretensions in other spattered pretension of South Carolina. places have been overthrown or trampled Perhaps, sir, it is-not unnatural that the 4out. The duties levied by Denmrk on all doctrines of South Caroliha on State rights vessels passing through the Sound and the should& obtain a shelter in New Jersey. Belts, the duties levied by Hanover on the Like seeks like. There is a common bo nd gods- of all nations at Stade on the Elbe; among the sciences, among the virtues, th:e tolls~ exacted on the Danube in its pro- among the vices, and so, also, among the traeted course; the tolls exactedby Holland monopolies. The. monopoly which was o ithe busy waters of the Scheldt, and ll founded on the hideous pretension of proransit imposts within the great Zoll-Verein pertyiniman obtained aresponsive sympathy of Germany have all been abolished; andin in that other monopoly which -was founded tis work ofR enfranchisement the, Govern- on the greed of unjust taxation, and both ment of the United Sates led the way, in- were naturally upheld in the name of State risting, in- the words of President Pierce, in rights. Both must be overthrown in tho sannual message, " on the right of free nameof the Union. South Carolina st Jr7isit into and from the Baltic." But the cease to be'a slave State, and so mst New rightof freetransit across the States of the Jersey. All hail the genius of uniV U6n is now assailed. Strange thatyou emancipation! Alhal o the Union, houd. reachso:far toa secure:free transit in torious over teRellion, victorious alis Batih lieand Sfhould hesitate in its defense over a Usurpation Which m::enaces the unity lkere at hom e! of the Republic! Thank God! within thebounds of the