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at that very point. It is accompanied by the will be no difficulty whatever in those boats pass dle chute, there being a depression in the rocky bed of the affidavit of Mr. Enoch Lockhart, a gentleman of ing through the spans.

river to the north side. the strictest integrity, and a man of ability in his Now, sir, I will read a few brief extracts from

6. From the time ascending and descending steamboats

can pass the falls there will be no impediment or delay in line, who has been a falla pilot on that river for this document. The length of the bridge as pro

having to take the chutes where the proposed draws are to thirty-three years. This Lockhart examined this || posed by the companies, in the first place, would be, while boats without high chimneys can pass under the petition, as he states in his affidavit, and exam be about fifty-two hundred feet. The bridge, ac

bridge and between the spans anywhere.

“ The bridge would be a great public convenience bylessined the plan of the bridge that was before the cording to the bill, is not to be quite that length,

ening the cost and delays of passage and transportation Committee on Post Offices and Post Roads, and but some forty-seven hundred feet, with a rocky

between the north and south side of the river, which has he swears that that structure will not obstruct foundation for the abutments of both sides and greatly increased within a few years, with a prospect of the navigation at the falls. I will read one or two for all the piers. The fall is twenty-six feet in

still greater increase in the future.” brief extracts from this paper on that subject. extreme low water, from the head to the foot of From that showing I do not think this bridge,

Before doing so, however, I will state to the the falls, in a distance of about two miles and a || if constucted, will at all interfere with the navigaSenate why it is not practicable to construct this half. The memorial, speaking of the currents tion of the Ohio; but there is a special provision bridge at a greater height at that point. That there, says:

in the bill that it shall be so constructed as not to fact is set forth in the memorial and in the evi

“ The river is diminished in width to Leavenworth, In interfere with navigation. It is expressly prodence which was before the Committee on Post diana, a distance of sixty miles below the falls; and for a vided “that said bridge and draws shall be so Offices and Post Roads. The banks of the river distance of about twenty miles further it passes through a

construed as not to interrupt the navigation of are low at that point. If you would arrange the narrow gorge with projecting highlands on both sides; in

the Ohio river.” It is a maiter of very great imconsequence of which a rise of one foot at the head of the bridge to the height indicated by the Senator from

falls nakes a rise of over two feet at the foot, until the rise portance to the public interest that this bridge Pennsylvania, the grades would be such that it at the foot of the falls overcomes the descent. This takes be speedily constructed. Every person who has would be utterly useless as a railway bridge. place when the rise at the foot is from twenty-six to thirty

traveled in that region must know the obstrucThis bridge will be nearly five thousand feet long;

feet; and when there is twelve feet water at the bead of the
falls there is always over twenty-six feet at the foot; and

tion, expense, and delay occasioned by the railand it would be useless attempting to raise it to the current is not greater at the ialls than in any other part road communication being broken at the head of the height indicated by the Senator, in conse of the river.

the falls. I do not believe this bridge will ob

" When there is seven feet or less at the head of the falls quence of the grades. The Senator wishes to know why this bridge cannot be constructed with in the Indiana chute but few steamboats pass up the falls;

struct the navigation of the river in any particular. and wlien there is less than two and a half feet few or none

The Senator from Pennsylvania talks a great as much span as that across the river at Cincin descend except through the canal. In high stages the river denl about floats and rafts. I know that some nati. He tells you that there the span is a thou or the canal is used, according to the draught of the vessel rafts go down the river of very great size; from sand feet. Allow me to tell the Senator that that

and the discretion of the navigator.
“ The Indiana chute, near the north side, is very narrow

my earliest boyhood I have seen them; but I have is not a railroad bridge, and I do not believe it in low water, and steamboats cannot descend when there confidence that rafls of the size which pass below would be practicable to construct a railroad bridge is less than two feet in that channel, which is but fifty feet the falls of the Ohio can go through these spans. with any security, with that immense span. wide for a distance of some three hundred feet. When there

The largest sized rafts do not pass over the falls; That is a suspension bridge, and was not con

is seven feet in that channel there is only about three feet
in what is termed the middle chute, and to the Kentucky

they stop above; but I have never seen one upon structed for railway purposes. shore, except in the canal. From seven feet to twelve feet

the Ohio river that could not get through a space The Senator wishes to know, again, why we do at the head of the falls, there is no channel for ascending of two hundred and forty feet; and as to the coal not put it at the height of the Steuben ville bridge. or descending boats but the Indiana chute, the middle chute, barges towed by tugs, there are no boats I know The reason is stated. The reason was considered and the canal."

of that cannot go between a space of two hundred by the Committee on Post Offices and Post Roads. The Indiana chute for three hundred feet is and forty feet. The Senator tells you that these It is in consequence of the formation of the banks

but fifty feet wide. At this point this bridge is boats are very unwieldy. I know that someof the river at that point. A bridge built in that to have draws at each place of one hundred and times in dark fogs steamboats with nothing in tow way, such would be the heavy grades, would be fifty feet. How, then, can the navigation be in run up against the bank; but whenever it is safe almost useless. There is a difference in this bridge terrupted when the water is that height? When to take a boat over the falls it will be very easy from the one at Steubenville. This bridge is lo the water is higher than that, there is no current for it to strike between these spans. be constructed with draws, which is not ihe case more than there is at other points of the river. But, Mr. President, there is one fact which with the Steubenville bridge. This bridge is to The draws are to be a hundred feet wider than should be remembered in regard to the transporhave four draws across the Ohio river, of one hun the Indiana chute at the time when water is at tation of lumber on the Ohio river. The Senator dred and fifty feet each-two across the Indiana || anything like the low stage, so that boats can go well knows that it is now being carried in barges chute, and two across what is called the middle through there except at these three points, the and steamboats. The taking of it in rasts has chute, at the falls. Those draws have to be not Indiana and the middle chutes, and the canal, un greatly diminished within the last few years, and less than one hundred and fifty feet from the pivot less the water is from ten to twelve feet high, and I have no doubt will soon be superseded entirely pier, and that will give you four draws across this then they will have to pass just where the draws by steam navigation. It is now put on barges river one hundred and fifty feet wide. Then there are, and the draws being wider than the Indiana and towed by steamboats, and it is sometimes put is another draw across the canal of ninety feet, or the middle chute, of course when they are on steamboats themselves. One raft does not float The draw across the canal is of the very same raised there can be no obstruction to the naviga down the river now where ten or twenty used to width as the other draws over that canal; and tion. The memorial says:

float seven or eight years ago. consequently there is, and can be, no objection to " When the rise in the river reaches sixteen feet at the I am as deeply interested in keeping the navithe width of the draw over the canal.

head of the falls, a bridge fifty-six feet above low-water gation of the Ohio unobstructed as the Senator The Senator says that the steamboats will not mark will give a space of forty feet between the lower chords

from Pennsylvania. I have made the most strict and the water in the river." be able to get down that river with their chimneys

and minute inquiry of men of the greatest intelon if this bridge should be constructed in this

And again:

ligence and practical knowledge on this subject, way. Why, sir, cannot the steamboats go through “ It will be seen, by reference to the register, that a bridge and I am firmly of opinion that this bridge will these draws? There are four of them, each one fifty-six feet above low water would be forty feet above the

not in any particular interrupt the navigation of hundred and fifty feet wide. The company will

stage of water in the river, on the average, during cach
month of those years, and that it would have been less

the river. While I believe that, I know it to be have to keep those draws always open at such than forly fect but for twenty-one days in the three years." a matter of the greatest importance to the public times as to give free access to ascending and descending boats. Instead of the high chimneys, | by Mr. Lockhart of the exact depth of the water

This paper is accompanied by a register kept | generally that the railroads of Indiana and the

Northwest should be connected with those in of which the Senator speaks, louching the bridge in any way whatever, he can make them high there for three successive years, and it is clear

Kentucky going south. I know the construction from that register that there were only twenty-one

of the bridge will save to this Government every enough to kiss the very clouds, if he desires, and

year an amount of money sufficient to build it. there would be no obstruction; for everybody | days in three years when there was not forty feet knows that a draw of one hundred and fifty feet

from the water to the lower portions of this bridge. I therefore think this bill should be passed here is large enough to admit any boat that ever navi

Is not that height enough?' And is not two hun | speedily, so that, if it has the concurrence of the gated the river. dred and forty feet space enough for these boats

olher House, it may be passed there at this ses. But the Senator rather concedes that it will be to go through? Mr. Lockhart states in this pa

sion, and then the railroad companies will go on no objection to the river being navigated by steamper that he has been a pilot there for thirty-three

at once to build the bridge. I am told that they

can have it constructed by next summer, for they boats. The objection, he states, rests upon these years:

have the means and intend to put a strong force floats and coal barges. I have a good deal of ac

“ He states that he has seen and read the petition of the two railroad companies to Congress for authority to build

on it at once. If, however, the bill is delayed quaintance with that river, and with a great many a bridge at the head of the falls, fifty-six feet above low here, the result probably will be that it will be of the floats and a great many of the steamboats water mark, with the spans and draws as stated in the pe defeated in the House of Representatives for want with the coal barges in tow, of which the Senator tition, and concurs in the facts stated in it, and thinks such

of time. I hope, therefore, the motion to reconhas spoken, and so far as I am advised, and ina bridge would be a great public convenience, and does not

sider will be voted down. deed I know the fact to be so, there is never one believe it would injure the navigation of the falls.”

Mr. COWAN called for the yeas and nays, of them below the falls of the width indicated by

There is the sworn testimony of a man who has | and they were ordered. the Senator. I brought that matter especially to

a larger experience on the subject than perhaps Mr. COLLAMER. I merely wish to say that the notice of our oldest and most experienced | any man that now lives; a man of the highest in

inasmuch as the Senator from Pennsylvania steamboat men, and they tell me that these spans tegrity and intelligence.

wishes a reconsideration of this, I shall sustain will admit any barges bearing coal or any floats to “The river at the falls is about one mile wide, and so the motion to reconsider to give him an opportupass down the river without obstruction to the continues to near the foot of the falls, a distance of two

nity to offer amendments which he may desire to and one half miles," navigation. The Senator says the boats which carry coal

Mr. Lockhart further says:

present, without considering that in voting for

the reconsideration I commit myself in any way and lumber are very unwieldy, and that they can “ The Indiana chute on the north side, at the head of the to vole against the bill. not be landed. They are all towed by steamers falls, is not more than fifty feet wide at low water, and ex

Mr. CÖWAN. I can merely say that I make tends down the river the same width some three hundred commonly called lugs. It is not like a barge; it feet, and when there is seven feet of water in that chute

the motion to reconsider so that I may have an is not a boat not propelled by steam, and there there is not more than thrce foet in what is called the mid opportunity to amend the bill, the bill having

been passed when I was absent. I wish to amend the Slates throughout the Union, and in its vital The spirit in which this tax has been laid will it as to the width of the spans.

principle il concerns every lover of his country. appear from another incident which cannot be Mr. ANTHONY. Ifihal is the object of the But it cannot be disguised that the interest which without interest to the Senators from New York. reconsideration, I think the call for the yeas and it has excited in the other House, and also in the The Erie railroad, which is so important to transnays may as well be withdrawn and there will Senate, must be referred to its bearing on the rail- || portation in the great State which they represent be no objection to the reconsideration.

roads of New Jersey. Out of this circumstance on this floor, has been compelled, in addition to The question being taken by yeas and nays, springs the ardor of opposition; perhaps, also, the usual tax on that part of the road in New resulted --yeas 18, nays 17; as follows:

something of the ardor of support. Therefore Jersey, to pay an extra tax in the shape of" a YEAS-Messrs. Anthony, Clark, Collamer, Conness, pardon me if I glance for one moment at the geo transit duty of three cents on every passenger and · Cowan, Dixon, Farwell, Foot, Foster, Grimes, Ilale, John

graphical position of this State, and its railroad two cents on every ton of goods, wares, and merson, Morgan, Morrill, Ramsey, Ten Eyck, Willey, and Usurpation in the name of State rights.

chandise, except passengers and freight, transported Wilson-18.

NAYS-Messrs. Chandler, Davis, Harlan, Henderson, Look on the map, or better still, consult your || exclusively within this State." This imposition Hendricks, Howe, Lane of Indiuna, Nesinith, Nye, Pome own personal experience in the journey from was as laie as 1862, and it is a part of that same roy, Powell, Richardson, Riddle, Sprague, Sumner, Trum Washington to New York, and you will find that system which constitutes the railroad Usurpatioa bull, and Van Winkle-17. ABSENT-Messrs. Brown, Buckalew, Carlile, Doolit

New Jersey lies on the great line of travel between of New Jersey. tle, Harding, Ilarris, Howard, Lane of Kansas, McDougall,

the two capitals of the country, political and com But the character of this Usurpation becomes Saulsbury, Sherman, Stewart, Wade, Wilkinson, and mercial. There it is, directly in the path. It can still more apparent in the conduct adopted toward Wright-15.

not be avoided excepe by a circuitous journey. | another railroad in New Jersey. It appears that So the motion to reconsider was agreed to. On this single line commerce, passengers, mails, a succession of railroads has been constructed,

The PRESIDENT pro tempore. The question troops—all must move. In the chain of communi under charters of this State, from Raritan bay, now recurs on the passage of the bill.

cation by which capital is bound to capital-nay, | opposite New York, to Camden, opposite Philo Mr. COWAN. I move now to amend the bill. more, by which the Union itself is bound together, | adelphia, constituting a continuous line, suitable

The PRESIDENT pro tempore. The Chair there is no single link of equal importance. Strike for transportation, across New Jersey and bewill suggest that another vote must be reconsid it out, and where are you? Your capitals will be tween the two great cities of New York and Philered before it will be in order to amend the bill separated and the Union itself will be loosened. | adelphia. This continuous line is known as the the vote ordering the bill to be engrossed for a But the evil sure to follow, if this link were struck Raritan and Delaware Bay railroad. On the breakthird reading

out, must follow also in proportionate extent from | ing out of the rebellion, when Washington was Mr. COWAN. I move to reconsider the vote every interference with that perfect freedom of menaced by a wicked enemy, and the patriots of by which the bill was ordered to be engrossed. transit through New Jersey which I now ask in the land were aroused to sudden efforts, the QuarThe motion was agreed to.

behalf ofcommerce, passengers, mails, and troops. termaster General of the United States directed The PRESIDENT pro tempore. The bill is

Such is the geographical position of New Jer. the transportation of troops, horses, baggage, and now open to amendment.

sey. And it is here on this highway of travel munitions of war, from New York to Philadelphia Mr. CHANDLER. I now move to postpone

that pernicious pretensions have been set up which over this line. The other railroad, claiming a this bill for the purpose of proceeding with the

can be overthrown only by the power of Congress. monopoly, filed a bill in equity, praying that the bill which was fixed as the special order for one The case is plain.

Raritan and Delaware Bay railroad " be decreed o'clock.

New Jersey, in the exercise of pretended State to desist and refrain" from such transportation, Mr. POWELL. I hope the Senator will allow

rights, has undertaken to invest the Camden and and also praying "that an account may be taken us to dispose of this bill. We shall vote on the

Amboy Railroad Company with unprecedented to ascertain the amount of damages." The counamendments without discussion.

prerogatives. These are the words of the Legis sel of the monopoly openly insisted that, by this Mr. COWAN. It will not take long.

lature: “It shall not be lawful, at any time dur transportation, the State was "robbed of her ten Mr. CHANDLER. Then I withdraw the

ing the said railroad charter, to construct any cents a passenger;" and then cried out, " I say it motion.

other railroads in this Siate without the consent is no defense whatever if they have succeeded in Mr. COWAN. In the sixteenth line of the of the said companies, which shall be intended or obtaining an order of the Secretary of War, when first section I move to amend the bill by striking

used for the transportation of passengers or mer we call upon them to give us the money they made by out the words "two hundred and forty” and in

chandise between the cities of New York and Phila it; and that is one of our calls. They have no right serting “three hundred," so as to make the spans || delphia, or to compete in business with the rail to get an order to deprive the State of New Jersey the same width with those of the Steubenville road authorized by the act to which this supple of the right of transil duty, which is her adopted bridge above, so that the spans may be uniform

ment is relative."

(New Jersey Session Laws | policy.Such was the argument of Mr. Stockinn, and of the same width. I ask for the yeas and

for 1854, page 387.) Here, in barefaced terms, counsel for the monopoly, November 12, 1863. nays on the amendment.

is the grant of a monopoly in all railroad trans The transit duty is vindicated as the adopted policy The yeas and nays were ordered; and being | portation, whether of commerce, passengers, of New Jersey. Surely, in the face of such pretaken, resulted-yeas 13, nays 21; as follows:

mails, or troops, between New York, a city outside tensions, it was time that something should be YEAS-Messrs. Cowan, Farwell, Foot, Foster, Grimes,

of New Jersey, and Philadelphia, another city done by Congress. Halt, Harris, Henderson, Rainsey, Trumbull, Wade, Wil outside of New Jersey. Or, looking at this grant Such, sir, are the pretensions of New Jersey ley, and Wilson--13.

of monopoly again, we shall find that while it to interfere with commerce, passengers, mails, NAYS -- Messrs. Anthony, Chandler, Clark, Conness, leaves the local transportation of New Jersey un and troops from other States, on their way, it Davis, Dixon, Harlan, Hendricks, Howe, Johnson, Lane

may of Indiana, Morgan, Nesmith, Nye, Pomeroy, Powell, Rich

touched, it undertakes to regulate and appropriate || be, to the national capital, even with necessary ardson, Riddle, Sprague, Stewart, and Van Winkle-21. the transportation between two great cities out succors at a moment of national peril. Such pre

ABSENT-Messrs. Brown, Buckalew, Carlile, Collamer, side of New Jersey, constituting, from geograph- || tensions, persistently maintained and vindicated,
Doolittle, Harding, Howard, Lune of Kansas, McDougall,
Morrill, Saulsbury, Sherman, Sumner, Ten Eyck, Wilkin-

ical position, the gates through which ihe whole constitute a Usurpation not only hostile to the son, and Wright-16.

mighty movement, north and south, must pass. public interests, but menacing lo the Union itself. So the amendment was rejected.

If this monopoly

is offensive on ils face, it be Here is no question of local taxation, or local The bill was ordered to be engrossed for a third

comes still more offensive when we consider the immunities, under State laws; but an open asreading, was read the third time, and passed.

motive in which it had its origin. By the confes sumption by a State to tax the commerce of the COMMERCE AMONG THE STATES.

sion of its supporters, it was granted in order to United States on its way from Slate to State.

raise a revenue for the State out of men and busi From the nature of the case, and according to Mr. CHANDLER. I now move to take up ness not of the State. It was an ingenious device every rule of reason, there ought to be a remedy the special order for one o'clock.

to tax commerce, passengers, mails, and troops for such a grievance. No usurping monopoly The PRESIDENT pro tempore. The Chair | in their transit across New Jersey, from State to ought to be allowed to establish itself in any State will inform the Senator that it comes up as a mat. State. Here is a confession, which will be found across the national high way, and, like a baron of ter of course, the unfinished business of yesterday || in the legislative journal of New Jersey, as long the middle ages perched in his rocky fastness, having been disposed of. That bill is now before ago as 1841, in a document from the executive | levy tolls and tribute from all the wayfarers of the Senate as in Committee of the Whole, being committee of the coalesced railroads, represented business, pleasure, orduly. The nuisance should House bill No. 307, to regulate commerce among || by the Camden and Amboy Company:

be abated. The Usurpation should be overthe several States. Mr. SUMNER. Mr. President, the question “ It seems plain, from the acts incorporating these com

thrown. And happily the powers are ample under panies and the testimony of those best conversant with the the Constitution of the United States. Following before us concerns the public convenience to a history of their incorporations, that it was the policy of the unquestionable principles and authentic preceremarkable degree. But it concerns also the unity State, taking advantage of the geographical position of New

dents, the committee have proposed a remedy of this Republic. Look at it in its simplest form,

Jersey, between the largest States and cities of the Union,lo
create a revenue by imposing tar or transit duly upon every

which I now proceed to discuss. and you will confess its importance. Look at it person who shoull pass on the railroad across the state be The bill under consideration was originally in its political aspect, and you will recognize how tween those cities from the Delaware river to the Raritan

introduced by me into the Senate. It was aftervital it is to the integrity of the Union itself. On bay; but that it was not their design to impose any tax upon

ward adopted and passed by the other House as a one side we encounter a formidable Usurpation

citizens of their own State for traveling between interme.
diale places."

“Here, again, the

substitute for a kindred bill which was pending with all the pretensions of State rights, hardly policy and intention of the State is most clearly indicated in there. Beyond the general interest which I take less flagrant or pernicious than those which have exempting her owu citizens from the operation of this sys

in the public business, this is my special reason ripened in bloody rebellion. On the other side tem of taxation."--Page 29.

for entering into this discussion. are the simple and legitimate claims of the Union And here are the words of another functionary The bill is arraigned as unconstitutional. But under the Constitution of the United States. equally frank, belonging to the same railroud con this objection is a common-place of opposition. Thus stands the question at the outset. Public nection:

When all other reasons fail, then is the Consticonvenience and the Union itself in its beneficent “ The company believe that a careful consideration of tution invoked. Such an attempt on such an ocpowers on the one side. Public inconvenience the whole matter, as well from the provisious of the char casion attests to my mind the weakness of the and all the discord of intolerable State pretensions

ter as from a recurrence to the period when it was granted, on the other side. will produce the conviction that the transit duty was in

cause. It is little better than the assertion of an tended to be levied only on citizens of other States passing

alias in a criminal case. The proposition on its face is applicable to all through New Jersey."

The entire and unimpeachable constitutionality

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of the present measure is apparent in certain fa power in a State is utterly inconsistent with a continercial inconvenient and Indirect routes for the mail? In other miliar precepts of the Constitution, which were power either parannount or exclusive in Congress."

words, hare the States the power to say how, and upon what

roads, the mails shall and shall 9100 travel? If so, thien, in broughi to view in the title and preamble of the Mr. Justice Grier said, with great point:

relation to post roads, the States, and not the Union, are bill as introduced by me, but which have been " To what purpose comunit 10 Congress the power of supreme."--Slory, Cominenturies on the Constitution, vol. oniilled in the bill now before us. The title of regulating our intercourse with forriga nations and annong 2, sec. 1144. the bill as introduced by me was, "to facilitate

the States, if these regulations inay be changed at the discre Thirdly. Then comes the power "to raise and tion of cach State ?"

It is, therecommercial, postal, and military communication tore, not lost to the discretion of each State of the Union

supportarmies;" an unquestionable power lodged among the several States.” This title opens the either to refuse a right of passage in persons or property or to

in Congress. But this grant carries with it, of whole constitutional question. This was followed exact a duty on permission to exercise it."-7 Howard, 464. course, all incidental powers necessary to the exby a preamble, as follows:

But this is the very thing that is now done by ecution of the principal power. It would be ab“ Whereas the Constitution of the United States confers New Jersey, which "exacts a duty" from pas

surd to suppose that Congress could raise an upon Congress, in express terms, the power to regulate sengers across the State.

army, but could not authorize the agencies recommerceanong the several States, to establish post roads, and to raise and support arniies: Therefore, Be il enacted."

Mr. JOHNSON. Do I understand the Sena- || quired for its transportation from place to place. In these few words three sources of power are tor to be quoting from the passenger case?

Congress has not been guilty of any such abclearly indicated, either of which is ample; but

Mr. SUMNER. Yes, sir.

surdily. Already it has by formal uci proceeded the three logether constitute an overrunning fount

Mr. JOHNSON. That was a case where the

"to authorize the President of the United States ain. legislation of Massachusetts was brought before

in certain cases to take possession of railroads and First. There is the power

telegraphs, and for other purposes." (12 Statutes the court.

to regulate commerce among the several States.Look at the

Mr. SUMNER. I have already stated that at Large, p. 334.) By this 'act the President is Constitution and you will find these identical

there were two States offenders at that time; there empowered "to take possession of any or all the words. From the great sensitiveness of States is now only one.

railroad lines in the United States, their rolling

I call atiention also to the case of the Wheel stock, their offices, shops, buildings, and all their this power has been always exercised by Congress with peculiar caution; but it still lives to be ing bridge, where Congress, under peculiar cir- | appendages and appurtenances," and it is deemployed by an enfranchised Government.

cumstances, exercised this identical power. In clared that any such railroad “shall be considIn asserting this power I follow not only the

this case the State of Pennsylvania claimed the ered as a post road and a part of the military text of the Constitution, but also the authoritative

power to limit and control the transit across the establishment of the United States." Here is decisions of the Supreme Court of the United Ohio river to the State of Ohio, and this power

the exercise of a broader power than any which States. Perhaps there is no questian in our con

was affirmed by the Supreme Court so long as is now proposed. The less must be contained in stitutional history which has been more clearly Congress refrained from legislation on the sub

the greater. illustrated by our greatest authority, Chief Justice ject. But under the pressure of a public de

Mr. President, such are the three sources of Marshall. In the well-known case where the mand, and in the exercise of the very powers

power in the Constitution, each and all applicable State of New York had undertaken to grant an which are now invoked, Congress has declared

to the present case. Each is indisputable. Thereexclusive right to navigate the waters of New the Wheeling bridge to be a lawful structure,

fore the conclusion, which is sustained by each, York hy vessels propelled by steam, the illustrianything in any State law to the contrary not

is three times indisputable. ous Chief Justice, speaking for the court, declared withstanding. The Supreme Court, after the pas

So plain is this power that it has been admitted the restriction to be illegal, because it interfered

sage of this act, denied a motion to punish the by New Jersey in a legislative act, as follows: with commerce between the Slates precisely as is owners of the bridge for a contempt in rebuilding

u Sec. 6. Be it enacted, That when any other railroad or

roads for the transportation of passengers and property benow done by New Jersey. In his opinion comit, and affirmed that the act declaring the Wheel

tween New York and Philadelphia across this state shall merce was something more than traffic or the ing bridge a lawful structure was within the legiti be constructed and used for the purpose under or by virtransportation of property. It was also “the

mate exercise by Congress of its constitutional lue of any law of this Slate or the United States authorcommercial intercourse between nations and parts power to regulate commerce. (13 Howard, 528.)

izing or recognizing said road, that then and in that case

the said dividends shall be no longer payable to the State, of nations in all its branches," and it embraced But it is this very power which is here invoked

and the said stock shall be retransferred io the company by by necessary inference all inter-Stale communica

in a case more important, and far more urgent, the treasurer of this State." tions and the whole subject of intercourse between than that of the Wheeling bridge.

Thus, in formal words, has New Jersey actthe people of the several States. It was declared

There is also another case where Congress has ually anticipated the very measure now under that the power of Congress over the subject was

exercised this power precisely as is now pro consideration. All that is now proposed so far not limited by Slate lines, but that it was coex

posed. I refer to the Steubenville bridge and Hol as New Jersey is concerned is simply to recognize tensive with commerce itself according to the en

liday's Cove railroad across the Ohio, in what is other railroads for the transportation of passenger's Jarged signification of the term. Here are the

called the Panhandle of Virginia. This bridge and property between New York and Philadelphia words of Chief Justice Marshall: was at first attempted under a charter granted

across this State. « But in regulating commerce with foreign nations, the by Virginia, but Congress at last interfered and

Such is the argument in brief for the constipower of Congress does not stop at the jurisdictional lives enacted:

tutionality of the present bill, whether it be reof the several Suates. It would be a very useless power if “ That the bridge partly constructed across the Ohto river garded as a general measure applicable to all the it could not pass these lines. The commerce of ihe Uni at Steubenville in the State of Ohio, abutting on the Virted States with foreign nations is that of the wliole United ginia shore of said river, is hereby declared to be a lawful

railroads of the country, or only applicable to the Stales. Every district has a right to participate in it. The structure.

railroads of New Jersey. The case is so plain and deep streams which penetrate our country in every direc 6. That the said bridge and Holliday's Cove railroad are absolutely unassailable that I should leave it on tioni pass through the interior of almost every State in the hereby declared a public highway and established a post this simple exbibition if the Senator from MaryUnion, ilnu liruisli the means for exercising this right. If road for the purpose of transmission of mails of the United Congress has the power to regulate it, that power must be ez States."-12 Statutes at Large, 569.

land, [Mr. Johnson,] who always brings to these crcised wherever the suhject exists. If it exists within the

questions the authority of professional reputation), States, il a foreign vorige may commence or terminate al

Such are the precedents of courts and of s'ata port within a State, then the power of Congress may be utes showing how completely this power be

had not most zealously argued the other way. exercised within a State.”Gibbons vs. Ogderi, 9 Wheaton, | longs to Congress in the regulation of internal

According to him, the bill is unconstitutional. 196.

Let me say, however, that the conclusion of the This important decision of the Supreme Court | They cannot be denied. They cannot be ex: commerce. The authorities are plain and explicit.

learned Senator is only slighuy sustained by the was before railroads. It grew out of an attempt || plained away. It would be superfluous to dwell

reasons which he assigns. ludeed bis whole elabto appropriate certain navigable thoroughfares of on them. There they stand like so many granite

orate argument, if brought to the touchstone, will the Union. But it is equally applicable to these

be found inconclusive and unsatissuctory: other thoroughfares of ihe Union, where the railcolumns, fit supports of that internal commerce

The Senator opened with the proposition that which in itself is a chief support of the Union. road is the substitute for water. It is according

the internal commerce of a Slate is within the ex

Secondly. There is also the power "lo establish to the genius of jurisprudence, that a rule once

clusive jurisdiction of the State, and from this he established governs all cases which come within post roads," which is equally, explicit. Here,

argued that the present bill is unconstitutional. the original reason on which it was founded. too, the words are plain, and ihey have received

But the Senator will allow me to say that his propTherefore I conclude corfidently that the power an authoritative exposition. It is with reference

osition is not sufficiently broad for his conclu10 these words that Mr. Justice Story remarks of Congress over internal commerce by railroad

sion. The present bill does not touch the interval is identical with that over internal commerce by

that "constitutions of government do not turn commerce of a Stale, except so far as it may be a water. But this decision does not stand alone. upon ingenious subtleties, but are adapted to the

livk in the chain of " commerce among States," business and exigencies of human society; and Mr. Justice Story, who was a member of the

which is commilled by the Constitution to the Supreme Court at this time, in a later decision

the powers given are understood, in a large sense, l jurisdiction of Congress. Mark this distinction, thus explains the extent of this power: in order to secure the public interests. Common

I pray you; for it is essential to a right undersense becomes the guide and prevents men from “It does not stop at the mere boundary line of a State ; || dealing with mere logical abstructions." (Story,

standing of the case. nor is it contined to acts done on the water, or in the necessary course of the navigation thereof. It extends to such Commentaries on Constitution, vol. 2, sec. 1134.). || passed to another equally inapplicable. He as

From this inapplicable proposition the Senator acts done on lanıt as interfere wilts, obstruct, or prevent the The same learned authority, in considering these free crercise of the power to regulate commerce with foreign words of the Constitution, seems to have antici

seried that the jurisdiction of a Stale over all ternations and ainong the Slates." United States vs. Coombs,

ritory within its liniis was exclusive, so that thie 12 Peters, 78. pated the very question now under consideration.

United States cannot obtain jurisdiction over any From various cases illustrating this power, I Here is a passage which may fitly close the ar

portion thereof, except by assent of the Sinte; call aiiention to that known as the Passenger gument on this head:

and from this uguin he argued the unconstitutioncase, where the Supreme Court declared that ihe

“ Let a case be taken when State policy'.

ality of the present bill. But this very illustration statutes of New York and Massachusetts impos As, for instance, in New Jersey at this time seems to have been anticipated by Mr. Justice ing taxes upon alien passengers arriving at the " or State hostility shall lend the Legislature to close up or Story in his learned Commentaries, wbere he poris of those States was in derogation of the Con

discontinge a road, the nearest and the best between two shows conclusivily, first, that it is inapplicable, stitution. On this occasion Mr.Justice McLean great Slites, rivals, perhaps, for the trade and intercourse

and secondly, that so far as it is applicable, it is or' a third State; shall it be said thar Congress has no right said: to make or repair a road for keeping open for the mail the

favorable to ile power., Here are big words: “ Shall passengers, admitted by act of Congress without bent means of communication between those states? May " Thc clause respecting cessions of cerritory for the seat a tax, be taxed by a stale? The supposition of such a the national Government be compelled to take the most of Government, and for forts, arsenals, doek-yards, &e.,

has nothing to do with the point. But if it had, it is favor gis vs. Crowninshield, 4 Wheat. 122.) But if the But, perhaps, the true intention of the authors of able to the power."

law constitutes a part of the contract, still more the Constitution may be best found in the letter “ But surely it will not be pretended that Congress could

must the Constitution. Apply this principle and of General Washington, as President of the Connot erect a fort or magazine in a place within a State unless the State should cede the territory. The only effect the case is clear. Every railroad charier has vention, transmitting it to Congress. Here are would be that the jurisdiction in such a case would not be been framed subject to ihe exercise of the ac his words: exclusive. Suppose a Slate should prohibit a sale of any of

knowledged powers of Congress, all of which are “It is obviously impracticable in the Federal Governthe lands within its boundaries by its own citizens, for any public purposes indispensable for inic Union, eillier military

implied in the grant as essential conditions, not ment of these Slates to secure all rights of independent souor civil, would not Congress possces a consututional right less than if they were set forth expressly. The

ercignty to cach, and yet provide for the safety of all. In

dividuals entering into society must give up a share of to demand and appropriate land within the State for such Supreme Court has decided that " all contracts

liberty to preserve the rest."

" In all purposes, making a just compensation? Exclusive jurisdic

are made subject to the right of eminent domain, our deliberations we kept steadily in view that which aptioni over a road is one thing; the right to make it is quite another. A turnpike company may be authorized to make a

so that they cannot be considered as violated by pears to us the greatest interest of every true American road, and yet may have no jurisdiction, or at least no cx the exercise of this right." (The West River

THE CONSOLIDATION OF OUR UNION-in which is involved

our prosperity, safety, perhaps our national existence. clusive jurisdiction, over it."-2 Story on Constitution, scc. Bridge vs. Dix, 6 Howard, 507.) But the pow.

“GEORGE WASHINGTON.” 1146. ers of Congress, invoked on the present occasion

I content myself on this head when I find myHad the distinguished commentator anticipated lo regulate commerce among the several States,

self with the support of this great name. the argument of the Senator from Maryland, he to establish post roads, and to raise and equip

By the adoption of the Constitution the people could not have answered it more completely. armies, are in the nature of an eminent domain, to

of the United States constituted themselves a naPassing from these constitutional generalities which all local charters are subject. Therefore,

tion, one and indivisible, with all the unity and the Senator came at once to an assumption, which, I repeat again, nothing is proposed “impairing

power of a nation. They were no longer a conIf it were sustained, would limit essentially the the obligation of a contract, even if that well

federation, subject to the disturbing pretensione, power of Congress with regard to post roads. known prohibition were applicable to Congress.

prejudices, and whims of its component parts, According to him the words of the Constitution From these delails of criticism the Senator

but they became a body-politic, where every part authorizing Congress to establish post roads," jumped to a broader proposition. He asserted

was subordinate to the Constitution, as every mcan only that it shall designale roads already that the pending measure was destructive of the

part of the natural body is subordinate to the existing; and in support of this assumption he sovereignty of the States, and he even went so far

principle of life. The sovereignty then and there relied upon the message of Mr. Monroe in 1822, as to say that it was the same as if you said that

established was the sovereignty of the United on the Cumberland road. The learned Senator all State legislation is null and void. These, sir,

States, where the States were only parts of one adds that this is “ the received opinion uniformly were his exact words. How the Senator, even

elupendous whole.” The powers then and there acted upon and since recognized as the correct in any ardor of advocacy, could have ventured on

conferred upon the nation were supreme. And it opinion by the judiciary.”. Of course his testi this assumption, it is difficult to comprehend.

is those very powers which I now invoke, in the mony on this point is important; but it is over Here is a measure, which, as I have already demruled at once by the authority I have already onstrated, is founded on three different texts of | sions in the name of State rights may be over

name of the Union, and to the end that pretencited, which says that "the power to establish the Constitution, which is upheld by three unas

thrown. post offices and post roads has never been under sailable supports, and which is in essential harstood to include no more than the power to point

I have already presented a picture of these inmony with the Union itself; and yet we are told

tolerable pretensions. But they must be examout and designate post offices and post roads.' that it is destructive of the sovereignty of the

ined more minutely. They may be seen, first, (Story's Commentaries, vol. 2, sec. 1136.) In the States. Such an assumption seems ultered in the

in their character as a monopoly; and, secondly, jace of Mr. Justice Story's dissent, expressed in very wildness of unhesitating advocacy. If it is his authoritative Commentaries, it is impossible | anything but a phrase, it must be condemned, not | stitution of the United States. I need not say

in their character as a Usurpation under the Cone to say that it is “the received opinion,'' as has only as without foundation, but as hostile to the

that in each they are equally indefensible. been asserted by the Senator. But the learned com besi interests of the country. mentator insists that “the Constitution itself uni Sir, the pending measure is in no respect de- || history, you will find that monopolies have from

If you go back to the earliest days of English formly uses the word establish in the general sense | structive of the sovereignty of the States; por

the beginning been odious, as contrary to the and never in this peculiar and narrow sense, does it in any sense say that all State legislation

ancient and fundamental laws of the realm. A and after enumerating various places where it oc. is null and void. On the contrary, it simply as

writer, who is often quoted in the courts, says: curs, says, “it is plain that to construe the word serts a plain and unquestionable power under the in any of these cases as equivalent to designate or Constitution of the United States. If in any way

“Monopolies by common law are void, as being

against the freedom of trade and discouraging labor point out would be absolutely absurd. The clear it seems to touch what is invoked as State sover

and industry, and putting it in the power of particimport of the word is to create and form and fix | eignty, or to set aside any State legislation, it is in a settled manner." "To establish post offices only in pursuance of the Constitution. It is commodity.” (Hawkins's Pleas of Crown, vol.

ular persons to set what prices they please on a and post roads is to frame and pass laws, to simply because the Constitution, and the laws erect, make, form, regulate, and preserve them. made in pursuance thereof, are the supreme law of | oly is void at common law, it is enough to show

1.) But without claiming that the presentmonopWhatever is necessary, whatever is appropriate the land.

its inconsistency with the Constitution. And to this purpose, is within the power.(ibid., sec. But the assumptions of the Senator bring me

here I borrow Mr. Webster's language in his 1131.) I might quote other words from the same back to the vital principle with which I began. authority; but this is enough to vindicate the After exhibiting the public convenience involved

famous argument against the monopoly

of steam power which the Senator has denied. in the present question, I said that it concerned

navigation granted by the State of New York, as

follows: But here it is my duty to remind the Senate that still more the unity of the Republic. It is in short

"Now I think it very reasonable to say that the Constithe argument of the Senator from Maryland on that identical question, which has so often entered

tution nerer intended to leare with the States the power of this head is not only false in its assumption, but this Chamber, and which is now convulsing this granting monopolies either of trade or of navigation; and that the assumption, even if correct, is entirely | land with bloody war. It is the question of the therefore, that as to this, the commercial power is excluinapplicable on the present occasion. The bill Union itself. In his ardor for thai vampire mo

sively in Congress.” now before the Senate does not undertake to cre nopoly which, brooding over New Jersey, sucks

Then again he says: ate, but simply to designate or point out, certain the life-blood of the whole country, the Senator

“ I insist that the nature of the case and of the power did roads. Therefore it does not fall under the ob- || from Maryland sets up most dangerous preten

imperatively require that such important authority as that

of granting monopolies of trade and navigation should not jection which the Senator has adduced. Even by | sions in the name of State rights. Sir, the Sen be considered as still retained by the Slates." his own admission it is constitutional.

ator flings into one scale the pretensions of State And then again, he adduces an authority which But the Senator, not content with an erroneous rights. `Into the other scale 1 fling the Union | ought to be conclusive on the present occasion. assumption concerning post roads, which, even if itself.

It is that of New Jersey at an earlier day: correci, is entirely inapplicable, made another as Sir, the Senator from Maryland is a prac

“The New Jersey resolutions (on forming the Constitu. sumption concerning another clause of the Con ticed lawyer, and he cannot have forgotten that tion of the United States) complain that the regulation of stitution which was equally erroneous and inap: Nathan Dane, whose name is an authority in trade was within the power of the several States within plicable. The Senator argued that the railroad our courts, tells us plainly that the terms "sov

their separate jurisdiction, to such a degree as to involvo charters in New Jersey were grants in the nature

many diffculties and embarrassments; and they express an ercign States," “State sovereignty,” “Slate

earnest opinion that the sole and exclusive power of regulab. of a contract, and that they were protected by "the rights," and "rights of States," are not consti- || ing trade ought to be with Congress.constitutional inhibition upon Slates interfering tutional expressions. Others of equal weight And yet, in the face of these principles we have with contracts;" and here he referred to several in the early history of the country have said

a giganiic monopoly organized by New Jersey, decisions of the Supreme Court of the United the same thing. Mr. Madison, in the Convention

composed of several confederate corporations, States. I do not trouble you with the decisions. | which framed the Constitution, said, “Some conIl will be enough if I call attention to the precise

whose capital massed together is said io amount tend that States are sovereign, when, in fact, to more than $27,537,977-a capital not much intext of the Constitution, which is: "No State | they are only political societies. The States never ferior to that of the United States Bank, which shall pass any law impairing the obligation of con possessed the essential right of sovereignty. These once seemed to hold "divided empire" with the tracts.

were always vested in Congress.” Elbridge Gerry Look at these words, and it appears, in the

national Government itself. Divisum imperium cum of Massachusetta, in the same Convention, said: Jove Cæsar habet. And this transcendent monopfirst place, that this prohibition is addressed to the " It appears to me that the Slates never were in: | oly, thus vast in resources, undertakes to levy a States and not to Congress, whose powers are not dependent. They had only corporate rights." toll on the commerce, the passengers, the mails, touched by it. Look still further at the railroad General Pinckney, of South Carolina, said: “ charters, and even admit that they were grants in

and the troops of the Union in their transit bea hold it for a fundamental point, that an individ

tween two great cities, both of which are outside the nature of a contract; but you cannot deny that ual independence of the States is utterly irrecthe contract must be interpreted with reference to

of New Jersey. In its attitude and in its prelenoncilable with the idea of an aggregate sover. the Constitution of the United States. Learned

sion the grasping monopoly is not unlike Apollyon eignty." (Madison Papers, page 6.1.) Boch

in Pilgrim's Progress, whose usurpation is thus judges have held that the law of the place where Patrick Henry and George Mason, in the Vir described: a contract is made not only regulates and governs | ginia convention, opposed the Constitution on

“ But now In this Valley of Humiliation poor Christian it, but constitutes a part of the contract itself. (Stur- Il the very ground that it superseded Slate rights. was hard put to it; for he had gone but a lite way before

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he espied a foul fiend coming over the field to meet him;

any State. But this vital principle is now in jeop- | but as truthful, representing the various interests his name was Apollyon. Then did Christian begin to be ardy.

that are contending here; and if I were to do so I afraid, and to cast in his mind whether to go back or to stand his ground.”

Do not forget that it is the tax imposed on com might represent a railroad, a bad speculation, paya “Now, the monster was hideous to behold; he was merce between New York and Philadelphia, two ing no dividends, nor even the interest on its bonds; clothed withi scales like a fish, and they are lis pride; he cities outside of the State of New Jersey, which I its stock being worth nothing. I might represent had wings like a dragon, feet like a bear, and out of his

denounce. I have denounced it as hostile to the belly came fire and sinoke, and his mouth was as the mouth

such a railroad, by the magic influence of this of a lion. Wheu he was come up to Christian, be beheld Union. I denounce it also as hostile to the spirit || act, short and simple as it is, raised to be one of him with a disdainful countenance, and thus began to ques of the age, which is everywhere overturning the the best stocks in the market. That, I think, tion him :

barriers of commerce. The robber castles, which would be as near the practical effect that would “ APOLLYox. Whence coine you, and whither are you bound?

once compelled the payment of toll on the Rhine, be brought about (noi to say designed) by this “CHRISTIAN. I am come from the city of Destruction, were long ago dismantled, and exist now only as bill as any which have been pictured by the Senwhich is the place of all evil, and am going to the city of monuments of picturesque beauty. Kindred pre ator from Massachusetts. This would be theimZion. “ APOLLyox. By this I perceive that thou art one of my

tensions in other places have been overthrown or mediate and the tangible effects: the Raritan and subjects; for all that country is mine, and I am the prince

trampled out. The duties levied by Denmark on Delaware Bay road, if that is the name of the corand god of it."

all vessels passing through the Sound and the poration, would suddenly find themselves, from New Jersey is the Valley of Humiliation | Belts; the duties levied by Hanover on the goods being below a fancy stock, raised to a considerathrough which all travelers north and south must of all nations at Stade on the Elbe; the tolls ex ble advance in the market; and, as one of tho pass; and the monopoly, like Apollyon, claims

acted on the Danube in its protracted course; the newspapers which advocate this bill says that ibem all as“ subjects,” saying, "for all that coun

tolls exacted by Holland on the busy waters of there are at least twenty men in the Senate that try is mine, and I am the prince and god of it.” the Scheldt, and all transit imposis within the make speeches for money, the wicked world out

The enormity of this Usurpation may be seen great Zoll-Verein of Germany, have all been abol side perhaps would stop to inquire which side in its natural consequences. New Jersey claims ished; and in this work of enfranchisement the || paid the most money. the right to levy a lax for Stale revenue on pas

Government of the United States led the way, in Mr. President let me say that I want to put sengers and freight in transit across her territory || sisting, in the words of President Pierce, in his | down this rebellion; I wantihis Union to succeed, from State to Stale; in other words, to levy a tax annual message," on the right of free transit into I trust, with an ardor and a sincerity of convicon "commerce among the several States.Of || and from the Baltic." But the right of free transit tion not second even to that which animates the course the right to tax is the right to prohibit. The across the States of the Union is now assailed. Senator from Massachusetts; but when the war sane power which can exact "ten cents from Strange that you should reach so far to secure free is over, as I believe it will be, when the rebellion every passenger” according to the cry of the transil in the Baltic and should hesitate in its de is put down, as I have no doubt it will be; I want Camden and Amboy railroad, by the voice of its fense here at home!

there to be something left of the Constitution ior counsel, may exact ten dollars or any other sum,

Thank God! within the bounds of the Union, which we profess to be contending. I do not want and thus effectively close this greatavenue of com- | under the national Constitution, commerce is free. to strike giant blows at the rebellion which, when munication.

As the open sea is the highway of nations, so is they put that down shall annihilate the ConstituBut if New Jersey can play successfully this this Union the highway of the States, with all their tion and all State rights, so that everything shall game of taxation, and compel tribute from the commerce, and no State can claim any exclusive be consolidated into one despotism. I undertake domestic commerce of the Union it traverses property therein. The Union is a mare librum to say that the right of controlling the railroads her territory on the way from State to State, then beyond the power of any State; and not a mare within their own limits is one, notwithstanding may every other State do likewise. New York, || clausum, subject to as many tyrannies 'as there everything that has been said about it and a great with her central power, may build up an over are States. And yet the State of New Jersey | many decisions that have been had, that has been shadowing monopoly and a boundless revenue, now asserts the power of closing a highway of | always maintained, preserved, and protected by while all the products and population of the West the Union.

the Legislatures and by the courts of the several traversing her territory on their way to the

sea, Such a pretension, so irrational and destructive, States, and by none more so than by the State of and all the products and population of the East, cannot be dealt with tenderly. Like the serpent, Massachusetis. If you pass this bill you strike with the contributions of foreign commerce, trav

it must be bruised on the head. Nor can ihere a blow at the cherished policy of Massachusetts ersing her territory on their way to the West, are be any delay. Every moment of life yielded to to-day as it exists upon her statute-books and is compelled to pay tribute. Pennsylvania, holding such a Usurpation is like the concession once in enforced by her judiciary. one of the great highways of the Union; Mary an evil hour yielded to nullification, which was It is easy to talk about the great rights of the land, constituting an essential link in the chain kindred in origin and character. The present Union on this subject; but, sir, what is our hisof communication with the national capital; Ohio, | pretension of New Jersey belongs to the same tory? What is ihe history of Massachusetts? spanning from lake to river, and forming a mighty || school with that abhorred and blood-bespattered Let me take that State as an illustration. When ligament of States, East and West; Indiana, en pretension of South Carolina.

the people of New Hampshire and Maine go to joying the same unsurpassed opportunities; Illi Perhaps, sir, it is not unnatural that the doc Bosion, they generally go, at least from the eastnois, girdled by States with all of which it is dove trines of South Carolina on State rights should ern part of New Hampshire and all Maine, to tailed by railroads east and west, north and south; obtain a shelter in New Jersey. Like seeks like. Boston over the Charles river bridge. At first Kentucky, guarding the gates of the Southwest; There is a common bond among the sciences, there was a ferry there. Massachusetts, from the and finally, any one of the States on the long line | among the virtues, among the vices, and so, also, earliest period of her history up to the time when of the Pacific railroad may enter upon a similar among the monopolies. The monopoly which the bridge was destroyed by the charter of a free career of unscrupulous exaction until anarchy sits was founded on the hideous pretension of prop- bridge there, exacted toll from everybody that supreme, and there are as many different tributes || erty in man obtained a responsive sympathy in passed over, and those who passed over were as there are Slates. If the Union should continue that other monopoly which was founded on the principally persons from Maine and New Hampto exist, it would be only as a name. The na greed of unjust taxation, and both were naturally shire; and from the results of that toll she gave an tional unity would be destroyed.

upheld in the name of State rights. Both must annuity, I think, of £200 per annum to Cambridge The taste of revenue is to a Government like be overthrown in the name of the Union. South College. When the ferry was abrogated and a the taste of blood to a wild beast, quickening and Carolina must cease to be a slave Slate; and so toll bridge put up, the toll bridge was put there maddening the energies, so that it becomes too must New Jersey. All hail to the genius of uni on the express condition that the £200 given to deaf to all suggestions of injustice; and the diffi versal emancipation! All hail to the Union, tri- || Cambridge College should be collected and paid, culties must increase where this taxation is en umphant over the Rebellion, triumphant also over and it was paid until the bridge was destroyed by forced by a far-reaching monopoly. The State, a Usurpation which menaces the unity of the Re an act of the Legislature putting up a free bridge. once lasting this blood, sees only an easy way of public !

Thus for years the people of New Hampshire and obtaining the means it desires; and other States Mr. HALE. Mr. President, of course I am Maine were taxed by the State of Massachusetts will yield to the same templation. The poet, not prepared with an elaborate answer to the pro when they wanted to go to Boston, to help to supafter picturing vice as a monster of frightful mien, found and critical speech that has just been made port Cambridge College. tells us in familiar words on this subject, but there are a few common-sense

There is existing at this moment a still moro “ Yet seen too oft, familiar with her face,

suggestions which I desire to make. In the first | striking instance, and as it is a case which is parWe first endure, then pity, then einbrace." place, let me say that the image, beautiful as it allel with the one before the Senate and illustrates A profitable Usurpation, like that of New Jer was, appealing to every patriotic sentiment of it exactly, I hope I may be pardoned if I dwell esy, would be a templing example to other States. every man in the Senate, of the different inter on it at some length. The State of Massachusetts " It is only the first step which costs." Let this ests that were represented here was very fine; on the 5th of June, 1830, passed an act charterUsurpation be sanctioned by Congress, and you but I do not admit that it belongs entirely to the ing a corporation called the Boston and Lowell hand over the domestic commerce of the Union to side of the question which has been argued by Railroad Company, with the powers usually ina succession of local imposts. Each State will be a the Senator from Massachusetts. He represents

cident to such corporations, with the right to tax gatherer at the expense of the Union. Each the Union and commerce and peace and all the charge toll, and all the privileges and emoluments Slate will play the part of Don Quixote, and the kindred arts as enlisted on one side, and monop- usually given, with this provision in the charter: Union will be Sancho Panza, compelled to receive | oly on the other; and not content with the pro “Sec. 12. Be it further enacted, Thai no other railroad than on his bare back the lashes which were the penance fundity of his own suggestions he goes to that old

the one hereby created shall within thirty years from and of his master. If there be any single fruit of our English classic, the Pilgrim's Progress, to illus

after the passage of this act be authorized to be made leadnational unity, if there be any single element

ing from Boston, Charlestown, or Cambridge, to Lowell, or trate the Heavenly City and the City of Destruc from Boston, Charlestown, or Cambridge to any place of the Union, if there be any single triumph of tion. Which he would represent as the City of within five miles of the northern termination of the railroad the Constitution which may be placed above all Destruction and which the Heavenly City, I do

hereby authorized to be made.” others, it is the freedom of commerce among the not know; but I suppose from their names, Phil The Boston and the Lowell railroad was just as Slutes, under which that free trade, which is the adelphia would represent the Heavenly City, and much a road leading from State to State as the railaspiration of philosophers, is assured to all citi- New York must represent the other. (Laughter.] road spoken of in New Jersey. zens of the Union, as they circulate through our Mr. President, like the Senator from Massa Mr. SUMNER. I am familiar with that road; whole broad country, without hinderance from II chusetts, I could draw a picture, not 50 eloquent, ll I am familiar with the bridges; they are all local;

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