[?]

VOL. X.

CAPE ISLAND. CAPE MAT COUNTY, NEW JERSEY, WEDNESDAY. MARCH 29. 1S65.

NO. 44.

I ' r grSECH ok HON. JOHN C. TEN ETCH, or kit* JfcKSkY, In tht L'nrtld Sfrtei Sen-ltt, February 16, 1"65, *n If cute Bill .V«, 307, lortjulatt' Commerce nm*ug tit Statu. Mr. Tn Ercs aaid : Mr. President. tht bill now btfort the Senate (■ Tory unsaaotning in il* dimencmo(, consisting of only about eight or clue Hoot, but it involve* question of ihe utmolt mtguiiuds and importance It U true thry aj# presented in a shop# sbtnewhat norel ; y«t they ara in fart a* old a* th# tin tern men t iu#!f. Thry • git-trd tlia convention which framed the Couitltsiion, and thay may be traced down all nlong the pathway of our die ' tory to the preaant time. They arc qurstiona of power aa between the National oud State tio'ernmeuta worthy of our calmest nnd gravest considtration Taey are couteatod. coniroeerted, and delicate Thay are not. question! of mere txpadieney. of policy, or poRtlci.'nor arc thry conflowd to mere locality ; but tliey era i questions of law, conatitutional, organiclaw, broad aad exteusivt aa the country i ( itaeff. Thry are not question! aaereiy for A to-day and for oartvlvea, but for all liioc t and for our paeurity. No intern! abonld control theta, ao passion ahouid effect . ' them; they will continue lo txist after ! ( the cauaaa now diaturbing them ahall bare paaaed away, when paaaion auall , bare found new forma in which to flaah j , ita heat, and iutareat uew fuod oa which j to feed itxelf. Thia bill ia in the following words: it . ia abort, and I prrfar to read it aa preliminary to my remarks : it ia antiilrd "Aa act' to regulate cemairrca among tba aararal States ' That trary railroad eompaoy in the ' United State* wlioae road la op. rated . 1 by ateam ita aucceaaora aud aaaigna, he > ' and ia hereby, authorx-d to carry apon ' aad orer ita road, roune tionr, boat*. ! 1 bride** and ferriea, all frright, property, ' mails, poaaecgera, troojvs, acd tioTero- J neat aoppliea on their way from aey 1 Stale to another State, and raceira cornpeaaktion therefor." Sir. it autliarixea erery railroad compane in tba United Staler whoae road i» j ' operated by ataaan to carry erer and upoa ita road, coanaetiona, boata. bridge* , ' aad fvrre*. frota one Stnta to uonMier, , and to rcceira therefor compensation— j ' Crai, all mails; aecund, tfoopa aad Qor- ' eraoient aoppliea, third, property, freight j and past*' get* Now, Sir. the quaation ia whether the bill shall receive the sanction of Cong reaa fofihe purpura* de- ' dared. I khatT consider shortly, Tery 1 shortly, the iwo 6r»t objects named, and 1 tba third object more at length. la ihfe hill necesa.ry to authorize the 1 carrying of thn mails o ear all (he railroads io the United 8tatae operated be ; ■team '! I( is not nntur rj far me to ' discuss the conalilutianal question in- ! vetted ia ihl«. The Senator from Maasnehuaalia, [Mr. Suiuner}, if I andrratsnd > htm aright, slated that he deemed the passage of this hill necessary fur this j purpose. 1 do oot to regard it. lie j state* that there ia ne doubt about the ! power, and refers to the acta of Congress ' * is which the power hei been declared and the authority conferred. Without slopping, to nrgae the coDitiiuiiuual question iaeeleod iu thia point of the ceae, I aay there ia no neceaaity lor the j pataaga of a bill for this purpose. I beg laave tw refar tery shortly indeed io the ststate passed on this subject, simply to refar to it is ordor that it may be incorporated In my ramaiks By au act (■*<>< d oa tha 3d "f .March, 1853, in addition li a former act pasted' on the autj-ct — , it ii to be foanddn the Statutai at Isrgr. volants tea, page £55 — it i« provided ■that— j ma: —

"All railroads and parts of railroads ' which ara now or hereafter .may be in j 1 operation, be and the same are hereby, ; c declared to be post reeds ; aud the Post- 1 matter General may contract for carry- j 1 lag the oiaila tfcereoa according to exist- , ' iog laws." i If the power were nadispuird. and 1 ■ 1 da not slwp to queatiea it either one way j ' or the other, it it unnecessary to pass i * * this bill, because we have a atetete full ■ 1 aad complete on lb* subject now upon 1 ah# atatete-Uook, aud the Govrrumsui is ! c Aiiiug these roads for the purpose of the 1 1 trwoaporiatioa of the mail* throughout | t the length end Breadth of the Uniun. — i It te not necessary te spread any au'b I Jtamte as thU among our laws f»r the 1 1 purpose of doing or authorising that to I c be done which now is authorised by law t aad is ao: -disputed at the present time. ' : How is it wim respect te carrying || (roup* and Government supplies ? Is j v the pain zee of thia biil necessary forth)* ; i purpose ? By ill bet Of Congress paaaed , t on the 50th of January, 1UCJ.' to be i found ia the £telwt»e at Large, volnane j ■ twelve, page 334, it has baau daclartd I c by CunpreM "Wat the Prsaidant of t s I t Culled Suit*, when ly hia judgment the t public aafrty may require it. and is here- ' try autlwriXi-d tu.uk* poeaeeaioc of any i ec #11 iht railroad lia»e of the Uuiud j I Hla'ea. so that they ahaU lie considered i post roads and part ef the military rs- ♦ ishltafcmni ef th- United S .tee," It ia an accessary to |mas ibis biU for the , purport Of authorising the Go •grainy L"3";»"S,S., Zl™' V

oat the length and breadth of lbs !*nd. i even over the railroads of New Jeraey. ] whether they are entitled to exciueire [ privileges or not, eeeh and nil- of them, Lading from the city of New York toward the capital of tha Uniun. It would be a woik of supererogation to pais thia bill fur either of the two purposes to j which I have referred. Thru, air, buw is it with regard to the . third ol-ject, the authority sought to be conferred on every railroad in the United States operated by ateam, ta carry passenger*, property, and freight io the way proposed ? This ia the grand and abi torbing question, lb* real aud only ob- ; 1 j.et «.f this bill. The other purpo.ca, if i | llin Sunatur from Massachusetts will allow j iue to borrow a word lrequ.tr ly u*ed by | j him on the day b*f.,re ya.terday, ur« i ! mere "preteacse" for the exercise of the : power of Congress as invoked io this j | Id I. Sir, befjre authorizing this to be doue I. at least, consider it proper to inj quire first what rights and inlerenti are t lu vol red itrrt; end eicoud, wtia; rights . i and interest* will bo invaded by it. I ' deem ibtm to be us sacred aad important aa the Government itauif, or at luutt , aa important aa In* exyteucc of lb« S ale 1 governments tbemeeltus. Pass this bill. ! and it xill confer on railroad cdmpeuiea ; ' chartered liy Slate authority to .to that . I which by the lawrf of the StatM creating : tbeui tbey have no right to do, which i laws, in fact, constitute a part of their i i contract* with the Stales, and were aci ceptirt by them as each when they look' . i their charters from the Stales. Stale railroad charter* I understand . • to be cdntracta entered iuto by the com- ' j putties witli the Slate* creating tbem, >' aud by which nut ouly the companies ■ ! themselves but rbe States crtiuiug tbem | I are bound — contract* as solemn and as ^ ; obligatory on th* parties tbua coutract- | ing aa any other cou'ract* between any : other and different parties. Sir, the ob- i : j-ct of this bill is to discharge State railroad corporations (rotn the obligation* 1 they are under to the 8tatr* creating theui, and to which they owe their very being. Thia I submit meat respectfully and emphatically, Congress, in nil the plenitude of its power, has uo right or j authoritj to do nnd>r eilb< r of the thr>c ! power* referred to by th- disiinguuhud ' Senator from Mospachoietts sad e»pet ciallj uud-ir the puw.r to regulate commerce brtWccD the several States, lu ! which be bee specially adverted. I do nut propose to cuter into an nla- ' dtvcueaion of tbe conatitutional • question invqjved in thia bill I think j argument aubmilt-d by the liniiorj able Senator frutn Maryland [Mr Jehn- ' sun] -ouie t«o or three aetia ago was complete and eufficieut upon that subject; aad if the Senator from Masnachuattu j will allow rnc to u*e.i)ia expression, nut- ' withataudmg th* air of triumph with I which ha scrinrd to consider that ho had j overthrown the argument of tbe Sen^tvr I from Maryland, 1 Uo uut think that be lunched it in any uiatar al point. 1 think ha failed utterly in attempting to refute j the position! a»umrd and tak-u by tbe 1 | Senator from Maryland. 1 have too much rvsgcct for tbe opinions aud for ; the patience of this body to undertake te repeat and reiurate the discus-ion in full upon that subject. But, sir, I may ! bo' permitted perhaps to call the attra- ! lion of the Senate to some <£ tl.c phases , involved in this question. I have no i | fueling about It; I can have no ptraouai I . i feeling an thia aupjeet, although tnucli I 1 has Ik cn said about uiy State, and al- , thougu the question iovulvestbeioleraaU . ^ of my Statu I ko«w that th* people of my Stale nr. divided, from Sussex to i i Cape May, upon thia subject. I know | there Is n great, wide and radical dtf- ! ilieie ia m H ' V-'| " "TMifcTi mii-

' fere uce of opiuioa bet we«n them io rein- 1 j to this mestore, so far oa my oati j Slate it concerned, and I think it but trunk, manly and fair in iue to gi>o the | opinions which I tutertaia aud which . will influence me in giving the vote 1 expect to gi-e, let the consequences lie me EfTbry may, or to any coiifiiuilog ; : tbat may ba runoiug wild ia the ' Slats from which 1-Cvme, tbe State i : honor and, reverence. 1 Mr. President, I hold that Congrees j cauuot absolve a State corporation from ' the condition*, limitations aud reatric- > lion* imposed upoa it by the Slate crcstI it, and involved in its very charter, ' : a matter anlrly within the jurisdtctiau ; [ of the State, a* I cl.iffl it to be in the J ca«e of the State more particularly iu- J U-rrtted In tha question now btforc the | Senate. I admit thai Congrats m*y j j pais laws eatabl ehing a uniform eyatvoi 1 ) of bankruptcy , uadrr the powers incerrad . j upon it by tb« Constitution o! the Uuiud ' I i tea, and thus discharge pei-uniary 1 obligation*; but witeris te lb* power eu- ' abling it to auUtorize a corporation i crwatwd by a Stat*, wits condiiiona, lion- ! 1 tationa aud rektrkuon* an its franchise, j ; eccrpt and us# tbe cboibr not only i | without regard t*> those reilrictiout. Ileal- : j tationa aud condition*, bat in utter vio- . { of them! Congress oennot abridge or enlarge th* franchises of a But# char ur ; It ieuut within the pawvracoafarred i . If ao, I abuald like to tee where the j authority 1* >o be found; I should Bite to have it rtfet red to by soma of the ad- ; vt-cala* of the bill abw before the Senate, i This U ant a biU t# author. xt, the con■•ruction of a unw road by the Government of-th# U ailed »U «a«. TW »• not j

! charter*, granted by tbe States, and their 1 | cave reioa to other purposes different ' ; from those for which tbey were grastrd,-, 1 aud to arm the metiscers of Stale cur-*^ poration* with a |>u>d aatagoouti: to 1 , aud in eobtraveutioa of the very law of i ; their existence. This cannot be dene ; . | it i« agninit both law aud rveion. It . | has been uniformly held that Coagress , j | cannot baild a rond within ihe limits of ; a State without the consent of that State. , j What h.s been the history of our Go*-, , ernmeut on that subject ! 1 beg laave ; to call tbe attanliun of the Senate for a lew minute* to the history and nctinn of : i Congress on tbe suhjtci of constructing j : public improvement! within the limits of j the several State* of the Union. Shortly after the commencement of ; tha present century thia movement ■■■ , b-.-i or fool, and it waa more or . > leas by Congrats and the General Go*- ' eminent down to a period a* late at 1330. ' , About the year 1806 tbe great qurstiuii wh eh agitated Congrrss was not whether , Congrces could make internal improvements cootinry to the wishes of the art-' i j eral States through which it waa pro- | ; posed ib*y should br made ur canitructed ! j but nhrtber the Govrrnraeul of tbe 1 United Sutra bad th# power to make ; 1 imerual improveuieau al all; wbrtbi-r it , , was within the power or Coagrrsv; , whether it waa constitutional A refc- t reace to the State. I'apers will. show the ' j opinions of Mr. Jeffrrson and Mr. Madison on tbat point. Thera whs great 1 ' doubt eniertaiued ; that was the battle ; ' I that was th* cuntrovcny. 'About that ye«r Cougrsss stood aonuwhat committed to the d#ctrin« of inttrnal improve- , mtnt* io tbe care of the Cumberland road, but that road was established by and with consent of th* 9tat* of Maryland, through which it wet constructed. The controversy was not whi thrrtt coulJ be couatruced with or without the conlent of lb* State, but whtlbor it was within tbe power of the Geeeral Go*- , ernmeut to construct this work of internal improvement et all. Hone*. r, it was determined to do ao, tha cuiitent of ; the Stat* living obtained for that pur pose. In 1822 this road got out of repair and Congress passed a law t-i erect , toll- gatca on it for the purpo-c of collecting toll in order that it might b* repaired. This brought up the que»liuu of internal police, whethur the Uoverumsut of thn United Ststr* bad the right ' and power to police the road A Controvsray grew out of that, and eventually the road *m abandoned ; it returned to th* ua* of the State, the tio*ernmeut of . the United -Siatta liati g relinquished all cuiitrol ova* it a* a public road and surrendered its rights to levy toll for the purpose of keeping it iu repair 1'ruceadiog in tba »hort and concise history 1 em giving, in 1825 Congrats tub•ciibed ciunry lor bniidiug the Cliaaapnaka and Ohio canal, and ao tar as that waul stood committrd lo tba aid of ialernal improvement* within the Statrs. But thi* 1 aaa not m opposition to Ihe aiahca of tha ; Stair* through which tbi* public road rati. , Subaeqaently lo tbat, U nrral Jackson ve- j t cd the famou* May a villa road bill, which 1 tvemed to rattle th* pulley or tUe liorarn- | I tuenl iu relation tu this matter, and from ' > that time there has been no great work of 1 | luternal improvement iu thi* cuuulry cur- ' i ; ried ou under the loitereiug care aud pro- [ : taction of the Gnverunirnt of the Uu'tjrd ' . j States ; and about that time, Irom lnJO to i ! ! 183J, I. .at pytletn of internal impruveoieul* | I I Which has brought put aud developed tbb ; rveuurcee uf tbtt country in the shape ol ' railroaua and ranala sprang ioto'exi*lenco, 1 under lb* lorlenng care and aid of tba - , State* aud the people of tha several Stab-a. I It weaat that time thai tha policy of public f 1 improvement* was tor rendu red, so lo apeak by the Vieoarel Uovarunivni, and taken up j r by the several Stale* ; and we have aeeu : Ilia glurtoea results everywhere arising Irom ! 1 wise, judicious, pablic-epuited, and pal ri- | ' otic action oo the pari uf the individual [ I

cilixens of tbe several ritales, who could a ' butter uudrrstaod aud better trgulatn and i manege tbe affair* ot public impruvenieul* c witliiu i heir uwa borders and wiRiin the;r i ; own limits. i Aud, Mr. I'rrsidcDt, the Pacific railroad ! I bill guee upon this same principle, and re- i I cogn.zrs Una right .of the Mate* to con- I tract work* of pwblte in provemeut by tfaein- ' selw* within tneir own limits, becoase tbe I ' veiy cherlar we have pasted incorporating i ' thn Pacific Ueilroad I'ompnny we have I taken especial car* and pail,* to confine its i < b< ginninf , its tsrminstloii, and it* passage, ! lo tbe IwritvHn bf the United Stales, and | not to invade the limits uf either uf Ihe : , States of this (Jaiou, privilege being uf . ! cuuree afforded aud some a«si*lance also i 1 held out to Ihe several Stalei io the cocsyuc - tiuo ut branch roads to ran io like so many -■ smaller streams lo supply tn* great curr hi winch ia lo open far Ihe purposes ol trade i j and commeicu, the receeaes of the greet i I centre lo lbs eastern and to tha western I coast* of ibis country. | Bet, Sir, tile bill before ua ia vastly dir. . . { ft- rent Irom this. Is is. aa 1 said, lo *»1X» , i-the charter of setaw sod alter US provisions ; and U. absolve tba corpurnlioa from its cos1 | tract with the Slate ervstiog it and the ' j runt rat- * entered into by it with the Sta a , j when it was created. Si*, air, 1 a*k you i r j What effect thts wjK u*v. upon n ft tale char, j . i ter? "W sit it" tie au auivnifmant' to Hints • ' railroad charters ? W til it be a repaa! of ' ( Stale railroad charter*, or will it lis a now | ; charier for these companies, »r partly botn ? ' i What kind of corporation *> ill it be, State 1 | or up ioaal ? It a ill be a kiod of hybrid, » > w.Ui a fouadalwu rrsling upon Stain adtboii ■ ityl and us superstrur-ste euli.rjed aud . j elected by F.-deral ailh .rtty. A**in. ol all who an- carried away by tha . . | splvb-lid pagaant of IVue.al aupiaaiaay, 1 I I would oak, * bat effaci wiH it have on the , ' j emaewblUiy of saah corpormtuiue to the ! 1 i States errstiog tbem T Wtm haun dun*. , - to peifora. mxi (testis* te. me*, Wtil I if tba pa**H* nf tbi* toll mak* tbamn— in

I independent of their creator, and authorize I tliem to cut themselves loos* from bll iIim | hoods they voluntarily assumed » h»n they jaeiii IPS into ilieir contract. "Which they did l on lbs accaptaace of tlmir charter? H>>w as to taxes which they err required to pay i by the term*-nf their cherter upon- their nc- ; ceplane* ? How aa to the refu-al of this' i charter, most of them having term* in their | act* of incorpnratiun authorizing the Legit- j j l«lur* of tbe State to a.thilraw the ohar- i 1 tered right* and privileges conferred on ' them by the charter? How are Ihey to be Is the gre»t remedy of q uo varranlo lo be | 1 withdrawn ? May they not l»e called upon j I in any Way to respond for misfeasance, inal 1 | feasance, non-usar or abu»s ? According to I - the ttieoiy ol geulletnen who are advocates j | of this extreme Federal power, it would ! . teem so. Sir. grant the argument of the! Senator from Mavsachoreitv ia to he carried j i to lb* extent that It plainly implies, th.-!^ ' j creatures of Sfal* authority may tUun' ihi^ ; Very |oa*r which gave them a body if it | did not confer ou them a foal. Under this bill, I ask, whet may these Stat* corporations not do? The 1'cna-ylvania Central, I Ihe New York and. Erie, th* Karitau and , 1 Delaware Bay. with limitations, and with •T taiinii. i fized - In their obarters, to e«n»ey i 1 paa-envers end freight lie I aeeu certain t i points, Pittsi.urg and Philadelphia in the I one instance, I^ke Kri# and New" York in • ! the oilier, -or lium a little place on thn He- 1 ' Man Bay called Port Monmouth do*t> io . ) Cape Mar. ui»y start a line of steamer* in I connection with their r«a-!s, teud them, serosa th* ocean, ur around tbw world. — . There companies ar« authorized lo build a ' road in one i.H'altiy ; by t'-w pretensions set 1 up they may build it iu ai, oilier. Tl.ey are autboiized io carry passenger* and Ireiuhl betwe.n twu |«.iuts ; the) m-y. aicordu.g , to this pretension, carry them between j other etid differeut points. I hey are realricied by their charter! tu charge certain i prices for trauS]iorlaliou ; by (hi* prrlentraiisportatiou or passage that ihey m«v see fii, unless reslrietvd l.y this bill, and , there I* no restticltun upon ihe face of it i with re*pvcl to charge. They are limited j and required by their charters to do a particular kind of oii!ine!S prescribe ; if bun- j j cms hna power to authorize what- is now ; asked, the) may l.e aullioriznd lo do au- • and in any other aay. Sir, to *Uu'. will this lead, aud aliere aill it end? It will , provemenis of every state in thy L'iiiod or : 1 ] several of tbe Slate* of this Union, or may ! do it, and It aiil lend to the rain and ba»kluptcy ol ten* of thousands ol trua and h.yai ' ahuSe eelatrs have been invested in incur- : j poruied cniiipames of thi* kind, under the j ' i lighted faith of the several State* within ; tile limit* ul which they are ciltxeus. 1 J*ow, Sjr, how will it operate more par- ' ticularly In practice ? The Stales of this r Union h*V" each n railroad syetem of their 1 | own. 1 will re 1st to my own State by way I - illu!ts*tii.n, I do not kuow that a reference i to that Stale and to tii# injury and evil ' which may las intticled upon_her a ill have any lutiuvnee upon the uuml of the Senator ■ from Maaanchu-etu. Jlorn.g the di>cu»iou > - of tin* question of cunstiiuiiunal authority, i that Senator uiuuiged in etiuug, tl not vio- » i lent, lenn. of denuneiitioi.i egaiu.t my • State. 1 infer he ha* but little love lor liar. ■ 11* likens her lo the State of South Caro- • j lina ; -like" be Soy*, "beget! like;" and • ' this "pretnnc#," a* he calls it, on the part ■ j of u>y Siale he chnracteriz.-u *• a a, ecle* ol ■ I nullification like nullification in iba Slate • of South Carolina. Sir. he undertakes l» • ! aay that r.f a Stale whose children b»ve ' , shed their bluud upon almost avery battle- - ' field cf tbi* rebellion. 11* h*i Oeuouuced - her conduct a. an usurpation an* a preI j laser ! i ; It was my intention to dwell somewhat > j at lenittli upon this subject, but th- Seiialut J I Irom Massachusetts w;|l excuse me wlien 1 I #«y that koowii.g thai my Stale is alike in- , , different lo Ilia L'eOtUre and hi* praise, I • | shall not noter into any unseemly cootetl . | on tbi* occasion. Tina bi.l ia meant lo : ] bear apon my Statu aud to Irau.ula bar > rights under loot. It has to ba*u declared > [by the Senator from Massachusetts, uut in ■ ! to many words, hut he claims that it waa. a i : usurpation and a preleuca •>■ her part lo do - what she has done. 1'eimil me lu ezamiue j this question a little. 1 am compelled to I

; a k ti.n lU'inlgvuce of tha Suoate qhile I ■ I luvestigate it, aud aa ahortly as 1 possibly can, lay belore the ftenaWlu* true hi.toiy 1 or thia eoatret in my Slat* (ur tha purpo« : ul calling opon the yudgmnhl of the Seuete , j lor their upuiiiio a< to the propriety aa well as tha legality of the tnea>nra now asked tu eoft.i ce.l against thai Stare. Tbw bill now before tba Senate it n Hons# bill, Iluuse bill Nu. 30"; it i* identically the same aa Seuate t.ili No. 102, lulroduced the Senator from Massachusetts. It il . the same in eflVct as tba original Hons* bill No. 30" ; and the present bill was pro- , posed in the other Hoc re by Mr. Wihoo, tl.e chairman of the Coin nulla o« the Jodi- { 1 clary uf that House, a* a substitute lor that lull, making It in its general term* applicable to all the Stales, instead uf confin.ug it lu the Stale of New Jeraey. For tbe pur. pove uf making my remarks more understandable, aad aa tnn original bill ia not , long, I daa.rt to refer to it, ThU is the way in abick tire measure was first iiilroducrn, this la tbe key tbat auluckt tba object and purpose of lire bill nuw before (lie Senate. It i* entitled "A bill to declare > certain roods military ana post roads, and t#-*egulai# couimeruv," aud tl goes on to aay— Be it enacted, Ac. That the railroad of ; i the (Jamden and, Atlantic Ball Company, and tha branch** thereof, badt and tu be { ouill, and the railroad of tbe UenUo and [ Delaware Bey Ball Co -p«ry, and the , branches thereof, built and tu be built, era » hereby declared to be Uwf 1 etruclure* ami ■ public highways of the United Sterw. Sao. 2. And be it juxtker enacted, Thai . I lire *ai# railroads and broaches, ailhe ferry I ! ur larriea Irom Cadtden, in the Stele ot i New Jeraey, lo ltnladelphlu, IO the Stat* i j or Pennsylvania, sad sleamboal* and other I vessels irom Fort Moumouth, in the Stat* ■ New Jeraey, to the city of New York, t running if connection with Said road«, are , 1 here I. y esubli-t.cd as a poet route, military I I road, and public highway of the Lmie# • StatM for the porpea* of iraaaaUsina af

the mails, troop*, munitions of war of lh" j United Siaies, and for the transportation of ; ; good* ware*, and merchandise of foreign i growth acroaa th* Siete of New Jeraey. under permit* gran tod by tb* cullecora of • ports of the United Sl»t-« auihnni-d lu i grant the tame, and for commerce among J and betwreo tbe aeveral Slates of the Uni- i . tad Slat"*- 1 Skc. 3. .In'f be it further enneted. Thai i I the Camden a id Atiaulic Railroad Coin- I ( pany, and ihe lUriran and Delaware Kay . Railroad company, chartered by ih- State i i of New Jersey, or either of them, or their I I | as'igi.s. ere hereby authorized aud t-inpow- I j eied t-> uompleb-, maiulaio, and operate ri«*. steenilio.il* and ' other vere-ls, a* a I hue for tne transpurta ioq for good-, ware*, 1 j and merclutiidiar of all (Inscription-, and ■ > I pa>tengcr* b-taeen Ihe CH.e* of New York mediate place* anil said ciuet respectively, , i and for commerce heiaeen and ainoi.^ the { I | several Stale* of th* United Hiatal, soy. J I I thing, in any law or laws (ff Ihe above- i I named State to the contrary nutwitUsiaud- , < | ing. ' ! i'hat shows the object clear, distinct, and J I 1 w»!l (lcfiur.d. wlneh -a (S lu vnw a! lire time i of ill* Ii.lr..ductl0ii of r,* original bill. 1 may be all w«J to say that Ihe bill was in i 1 troduced at the instance ol iba Knrtlau and . ' 1 Delaware li«y Railroad Company. It |i- ' meut a*Wtd lor the passagu of no such hill. ' i lii a report made by the Postmaster Uene I rnl.aywarortwoago.it »a. stsl.d that i n» addlMonal po-ial lacllllias weie reqmiml < baiw-eii the city of Washmgtun nrnl tha i city of N>*V»A To* lieu** of R-pr- l 1 tug al the State of New J r*ey. and lire i of Ihe Cominiile* 1 Military Allure, hi a discu-siuu before the llvuiv ou tbat subj.ct, ; I stated : i "l shall bn willing lo vote i'ot the amend- ' "Who"') l»-caS.e that comm-ods0 t'enMmany gvuliemun hera ou account of the general character of tbe leg ai.t.on it pro- ! po.e., Buttr I hat tub-taut* should fait, | I will go aidi equal cbenrfuloes. f..r th- | ol tu* particular evil at abich that is aimed. looked at ;t. tiom au Culture poiot of visw. ' I I look al.it a* a cut*- a Iroiu llhio or » ! ' tbat reason I will be drawn iuto no srgu- • uunt bore in reUtiuo to the rigbt* uf Rita- i j rut ur aitificial tieison* a* ihey exi-l under | and l.y virtu* ol lire law* of New Jeraey 1 c*r* nothing about w-.at question may i have Ireen rai*ad in the l4.-glrlalure of New I Jersey. It i* nut for ma, if "« Ires people oT Now Jersey are witling to submit lo tu* . ! dictation and rule uf a selfish corporation,' I | to inlet fern for lb* protection ol that people, j ' | must be left tu their list Legislature and ,j !l aould snmil this ' the Senator from | Mussachbsett*, [Mr. Sunin. i, ] cares at lit- ; ! tie about the 4*cilion of tbvcuuitsof my : Slate or of its L*gi*laturo a* the hnmiraide • I chairman of the Commute# on Military j I Affair* of the House ot Representative*, j That was the object; tiiat w«n lire deeijn. I ' Il if to interfere with what they ute pUa-ed ! i to call an odiout monopoly and a eaurpa- i > ' ti..u of my Slain a» aguin-l the rights and I ' privileges of the oilier Suite* of tbii Union, i Sir, 1 make uo apology, I make do ek- | I ; cure lor my Slate. 1 viand her* aa b«r • humble represented** oc Ibis Hour ami ; simply a*k that 1 may be permitted to pre- : rent tbe facts as Ihey are. If >b. elands j i in tha light uf au enlightened public judgI nieiit, she will st ind ; i. she falls io the j - view uf ao vnlighteiied public judginetil, i I sb' innvl lall. My feeble *rm cau neither t bold bar up, u#r [rerlups aid tu casiiog her > j down. r | Mr. President, suffer mo to say, to run 1 | back through a period of some tbiity oi , • j lofty year-, that New J.rsey wa! one ol i s j the fir-t, if not 'he very flrat Stale hi ibis • i Union tu establish a railroad of chief mag- I » j nitude and importance, iu thi- coun-ry.— | ' I Railroading was then in it* infancy. It. '

was undetermined whether it was tu be s .success or not. I lie project w*s a uew one. It was regarded by the majori y of lb* peoi ' |dr of my State, and 1 know not but by the j 1 > majority of the prople of the United Stales, , I | a* cbiiiioitcal. Although young ibeo, I > ; have a lively reeulleciioti uf nearing it ta.tl, I hat the men who revealed their capital III • ; lire stock of this company' w.re silly, aud wore casting away the patrimony tuai their I Isihera had bestowed upon llrem. . A>>oni • I i tbw yesr 1930 the Cannleo and Amnoy • , lUilroad Ueuipany wa# iucurpurated ; and ' , among other thing* It wa- invested with ail , , . tire rights, powers, and privilege* neces-ory - - { to perfect an expeditious and complete Ire* i t ' of comuiunicaliuc (ruin Philadelphia tu | - ' New York ; and fur that purpose to lay out : I and construct w railroad or road* from the j. - Delaware river, Irelwewn Cooper's sod New- j - j ion's creek, which it on the N«« Jersey \ t j ti-ln ol tbe Delaware liver, lo Kartlan bay, J » a distance of sown twenty or Iwaaty-bve , - mile* from tbe city of New York, au.l lo ( pi uvide >uitabl* steam or other vessels at, s either extremity lor tb* transportation of' • pa-*rugvr» aud produce from city to.cily. t That waa tire extent uf the charter, aud ; J that dec ared th# termini uf th# road, lu 1 1831, thn soma r.asd aud the D, Laws'* and f Haritau Canal, which had been incurpora- , , led about the same time, were united aud » tomrad into p juint-t.oek company, it havd iog bewa dtocuveted fret th* slock of the e two, separately, could out receive the Uve orable canaidnraiion of the uioo.-y market, d The Seuator front Maa»acbu-*il< spoke ol "cuofedaraied rail'oad«." t know of ou confedcralnd railroad* iu N'*w J*ra y. 1 y llo k'luw of tbe cuuiulidati»a.uf mis Kail•j road and Canal Company by au ack winch e is feiuiljariy known iu tmj sutn of New r Jersey aa lb# marriage act. Alter the m union of the Two cor puralio •!, both were { proceeded io ami reraised ia a aacswavfol , a I completion, Jn 1832. tu* LwgMaiurw of JT I N*w Jersey passed te# act COUlaiaing the >a I exclusive privilege granted to .he Camden if uU Amboy IsaOrowd rwfeuwd w b/ t#t'

j Senator from Mht*nchas*tt* the'day before ' yesterday. In order to be certain, I *i)l re.d tba lenna of that act, By tbat act oT ; 1832 il was enacted : •:That it s;.all not be Lwfnl at any timn during the said railroad charter, (to wit, tha A'amdeo and Amboy.)lo construct any olh*r railroad* in thi* Stale withont the convent of tire aaid company, which shall be intended ur used for lite tran-portatp.n uf passenger* or merchandise beloeen the Cltt»l of New Y'..rk and Philadelphia, or t» compatn bavine-a with tbe railrnad anthorited by < the act tv which -tbia t apple moot i* raUI rlaie th* act in ita Isnglh and in it! bread' h i*i the way the Senator from M**-•*cha-wti* stared it, in opler that thn i frien.la of tin* bill may have the foil benefit of it in thi* disruniuii. mid aDo wban thsy come to vote upon this question. Now, Mr. President, tire qoe«tio« at.thi# time it not wirelhrr that grant of th! #"*- ' , elusive privilege in the Camden and Am. .Company w.a wise or uuwise, whether ' ii wis politic or impolitic. It makes, [ be permitted to remark, a great difference wbeu you judse from different <l#nJp.t|"t«,'or diff. rent periods ot tune. Stand- . here at this <l«y 1 have not tb> slightest idea that Hi! Legltlalaa of New Jeiaey of 1865, WOSM have granieitJlB exclusive privilege of that klD'l to construct a reiln.atl agross th.il Hi ale ; but, eir. if wa go back 193M, hi Ike infancy of line measure, . who embarked in ii , and who had ihe bold and lia-arduus en'eipriee to ripk Ihrir lortunes in it, were denuuucvd as hair-biaioed and maduiun, w* may find aobre lutla reason for it. growing out of the desire of the L«f-i-lalui* of tbat {Stale lo procure Ihe re tab- . Ii-limeiit of mrerjal improVetneiBt* there, a' lb# nick of lime when the Geuerel U«v. . eroin-i". under th* veto by U-iieial Jacksos ol ' he Mayartile rojtl bill, b id declared that they did out intend tu embark in uny such 1 eut-rprise any more, it waa desire- 1# for j the *ireiispor-atiou of^ pasrenger. al ^that of' Lnmomc.'tion e'v-n'acrus- UreTn-igUtfi-Slate of New Jeraey, av the Heuatur from Meaeechuaelti would have It. 1 may t.« parmited to rmuv k here that this ekclu-i*w privilege granted to the Uanidel. aud Amboy Company will expire in lOu'J. It i* now the year of grace 1865} / - , an I if tbi* exclasiv. privilege has bad a long j life, ii re Approaching it* list sands. The f limit will «xp re in 18G9. end then 1 doubt ' not it will wiol. and end torever, ! The ruad was built and put in operation more or le«* »uceh«*fu!|r, and Wo matters stood until 1852. a perimt of twenty year*, without impeachment, wittouirivfflry, with- . out question, without particular complaint, *o far as 1 know, from anybody. In 1832 . the Camden and A laiilic— not the Camden ami Anb 'V— Railroal Compiny wa* eharlered by ifce le-R slaturw id New. Jeraey. I Ins was twenty yeava sub«rqueul to thn , Camden nnd Amhny Company. By their charter thit company waa aathoiik*-) to ; ! Ihe 1-lty of Philadelphia, iu a aonihenatirly I direction lo a place called Abvecum. on thn sea-coast, on lira Ailan'ta ocean, running > at right angle* with the route Of the Csin- . den and A in boy Railroad between l.'hiladri. - p ia and New Y oli. This omnnany est . anthorixed, in adduinn to the vonelructiua • of a direct linn of railroad, between these point*, lo baild two little lateral branches, "lie to a place cailajbtiattto, which it about * 1 h n f way down the Tina of Ilia toad, about . siz unlet northerly, and another to n place ] called May'* Landing, about six miles south i iff th* roa <. toward Cape May, somberly. That m*d «(» built, and its corporate pow- , era were limited t" the right lu carry paa. S sriigvrs and trad* between thaa* two point* . I and upon the*# lateral branches. Now you , I will otmerrn that this chart, r was granted . | in 1852 t# ihi* Caind-ii end Atlantic Com- , peny, anil accep ed by them with lull kuow- ( | lauge ul, ami subject t", the exel aiva privu r ' 1-ge which had been gr»utcd twenty year# r bafure t . the Cauulau au.l Amboy Compa- . i y ; ami it wa* not designed, from its rente, l) ' and tbe privilegea conferred Upon it, te in- , tarfere in ony w.iy with the privllega* cou,1 ! f. rred npjn that company , On the 3d uf March. 1634, the RarlUu . | and Delaware Buy Railrovd Company wa. _ j incorporated. Thi* we* tweniy-twft yetiS i iiicorporaied. iui»w«( i*rnij-i«n jva.a

after Ihe grant of the exclusive privilege tn ! the Camden and ASubny Usilruad Compa- ! ny. 1 beg lea*e(for I cunsi..er itlmportfm) ' to call ihe attention uf Ilia Henete to the charier of this company for the purpose of \ showing what tbey had a right to du. 1 refor tu Hih aixth section oi the act »f incorporation. I will not read- the whole ol lit " That the president and directors of the said company he, and thev hereby are, s«- ' lliwria-d ami invested with all the rigbn and pawers uvcaxury and expedient lo survey, l«y nut, and construct, a railroad from , I soma - ui I a'de point mi the Rarttkn bay, I eastward of the village of Kgypoil, in the cosu'y of M-uimooih, t-> tu* village of , | l oin'* River, in Ilia county of Ocean ; aad , 1 i trance, thiongh tha caunin » of Ocuaa and I ' Bu.li' gloo to May's Landing, in theenuni |.ty ol Atlantic; Ibviucn Ihruoxii theoviunlies . J of Atlantic and Cape May, to Cape Island, : mil"* AtlauMC Ocean," In* extreme toiithi ern jniiui uf uur Htatr; end tliv general | ! line tn to bfe along lue'coeat, the object , ' Iveiug tu oaiabliab a coast r -ad. That wag i the lina aud lb" general course nod diracf I i inn uf lb* read at puiolad out by thb civet, ttr. The tenth eecttun say* what tbey inay 1 | do : , . ■ j . , " I'brt the prriident and directors of thn. I j aaid c 'Kuurali-n ab vll have power to have . . ouitructed, or to pur ha a with til! lund# I 1 uf the corporation, and to place no tb! esid • r-llruad, all raaci.inery engiues, care, *ag- , uns, carnag-s, -r eehielee, fur the traesr ponatnm vif partviu* or pftipsrly, and alt# . .u t-vhle and safe boat* al the several tqcaisI neting points of tb# tsid road; and they afw j hereby abtliotisnd to demand sod receit# I such -am or sums of money fur th-> t satis. . portntion of pereoai and property tbereon, a a* tliey, from time to U'OW, shall tbtnlcrraa. ■ enable aud proper." , Th y were euihorintd to construct nroaJ „ from Banian hay, at a point east of the ,1 | village of Keyporl, winch was in the heigb- ,[ Ivurli-O-I, nearer the Atlantic Oraao than , i tha terminas of tb* CamtUn and Ambby a , i ami, and Ihey wore to run tfiw genarai »' trsaniw .J aa Drews NgvaA t