or merchandise between the cities of New York and Philadelphia, or to compete in business with the railroad authorized by the Act to which this supplement is relative." Here, in barefaced terms, is the grant of monopoly in all railroad transportation, whether of commerce, passengers, mails, or troops, between New York, a city outside of New Jersey, and Philadelphia, another city outside of New Jersey. Or, looking at this grant of monopoly again, we find, that, while leaving the local transportation of New Jersey untouched, it undertakes to regulate and appropriate the transportation between two great cities outside of New Jersey, constituting, from geographical position, the gates through which the whole immense movement, north and south, must pass.

If this monopoly is offensive on its face, it becomes still more offensive, when we consider the motive in which it had its origin. By confession of its supporters, it was granted in order to raise a revenue for the State out of men and business not of the State. It was an ingenious device to tax commerce, passengers, mails, and troops in transit across New Jersey, from State to State. I quote a confession from the Legislative Journal of New Jersey, as long ago as 1841, in a document by the executive committee of the coalesced railroads, represented by the Camden and Amboy Com

pany.

"It seems plain, from the acts incorporating these companies, and the testimony of those best conversant with the history of their incorporations, that it was the policy of the State, taking advantage of the geographical position of New Jersey, between the two largest States and cities of the

1 Acts of the General Assembly of New Jersey, 1831-2, p. 80.

Union, to create a revenue by imposing a tax or transit duty upon every person who should pass on the railroad across the State between these cities from the Delaware River to the Raritan Bay; but that it was not their design to impose any tax upon citizens of their own State for travelling between intermediate places. . . . . Here, again, the policy and intention of the State is most clearly indicated in exempting her own citizens from the operation of this system of taxation." "1

I quote the words of another functionary, equally frank, belonging to the same railroad connection.

"The Company believe that a careful consideration of the whole matter, as well from the provisions of the charter as from a recurrence to the period when it was granted, will produce the conviction that the transit duty was intended to be levied only on citizens of other States passing through New Jersey," 2

The spirit in which this tax has been laid appears from another incident, not without interest to the Senators from New York. The Erie Railroad, so important to transportation in the great State which they represent, has been compelled, in addition to the usual tax on that part of the road in New Jersey, to pay an extra tax in the shape of "a transit duty of three cents on every passenger and two cents on every ton of goods, wares, and merchandise, except passengers and freight transported exclusively within this State." This imposi

1 Memorial of the Executive Committee of the Delaware and Raritan Canal and Camden and Amboy Railroad and Transportation Companies: Documents accompanying the Governor's Message to the Legislature of New Jersey, October, 1841: Proceedings of the General Assembly, 1841-2, pp. 29, 30.

2 Memorial of the New Jersey Railroad and Transportation Company: Ibid., p. 32.

VOL. IX.

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P

tion was as late as 1862, and is part of that same system which constitutes the Railroad Usurpation of New Jersey to this day.

This Usurpation becomes still more apparent in the conduct adopted toward another railroad in New Jersey. It appears that a succession of railroads has been constructed, under charters of this State, from Raritan Bay, opposite New York, to Camden, opposite Philadelphia, constituting a continuous line, suitable for transportation, across New Jersey and between the two great cities of New York and Philadelphia. The continuous line is known as the Raritan and Delaware Bay Railroad. On the breaking out of the Rebellion, when Washington was menaced by a wicked enemy, and the patriots of the land were aroused to sudden effort, the Quartermaster General of the United States directed the transportation of troops, horses, baggage, and munitions of war from New York to Philadelphia over this line. The other railroad, claiming a monopoly, filed a bill in equity, praying that the Raritan and Delaware Bay Railroad "be decreed to desist and refrain" from such transportation, and also praying "that an account may be taken to ascertain the amount of damages.” The counsel of the monopoly openly insisted that by this transportation the State was "robbed of her ten cents a passenger," and then cried out: "I say it is no defence whatever, if they have succeeded in obtaining an order of the Secretary of War, when we call upon them to give us the money they made by it; and that is one of our calls. They have no right to get an order to deprive the State of New Jersey of the right of transit duty, which is her adopted policy." Such was the argument of Mr. Stockton, counsel for the monopoly, No

vember 12, 1863. The transit duty is vindicated as the adopted policy of New Jersey.

Nor is it modern in time. It may be traced to the beginning of the National Government, under the administration of Washington, when it awakened the indignant comment of Timothy Pickering, Postmaster General. This patriot citizen, in a communication to the House of Representatives, under date of February 9, 1793, and entitled "Tax on Mail Stages in New Jersey," says, "The avowed design is to increase the revenues of that State," precisely as now; and he adds, what may be repeated: "And thus the citizens of the United States have to purchase permission to travel on the highways of New Jersey." Then, calling the tax "an annual tribute," which the United States are to pay, he says: "And from the example of New Jersey they may erelong become tributary to all the States from Virginia to New Hampshire, inclusively; for so far the mail is carried in stage-wagons." But our "stage-wagons" are on railroads now.

Such, Sir, are the pretensions of New Jersey to interfere with commerce, passengers, mails, and troops from other States, on the way, it may be, to the National Capital, even with necessary succors at a moment of national peril. Such pretensions, persistently maintained and vindicated, constitute a Usurpation, not only hostile to the public interests, but menacing to the Union itself. Here is no question of local taxation or local immunity under State laws, but an open assumption by a State to tax the commerce of the United States on the way from State to State.

1 American State Papers, Post-Office Department, p. 15.

From the nature of the case, and according to every rule of reason, there ought to be a remedy for such a grievance. No usurping monopoly should be allowed to establish itself in any State across the national highway, and, like a baron of the Middle Ages perched in his rocky fastness, levy toll and tribute from the wayfarers of business, pleasure, or duty. The Usurpation should be overthrown. The nuisance should be abated. And, happily, the powers are ample under the National Constitution. Following unquestionable principles and authentic precedents, the Committee propose a remedy which I proceed to discuss.

The measure under consideration was originally introduced by me into the Senate. It was afterward adopted and passed by the other House as the substitute for a kindred bill pending there Beyond the general interest which I take in the public business, this is my special reason for entering into this discussion.

But this

The bill is arraigned as unconstitutional. objection is a commonplace of opposition. When all other reasons fail, then is the Constitution invoked. Such an attempt, on such an occasion, attests the weakness of the cause. It is little better than the assertion of an alias in a criminal case.

The entire and unimpeachable constitutionality of the present measure is apparent in certain familiar precepts of the Constitution, brought to view in the title. and preamble of the measure as introduced by me, but omitted in the bill now before us. The title, as introduced by me, was, "A joint resolution to facilitate commercial, postal, and military communication among the