Monopolies -- United States; Railroads and state -- United States
To answer this question intelligently, we must examine the powers
granted to the United States, as well as the rights, powers, and
relative duties of the state governments. The state governments are
supreme in all matters affecting the public and the people, save in
those which, by the expressed provisions of the constitution, are
delegated to, or conferred upon, the general government. The powers thus
delegated to the general government are all of a public character, such
as states individually could not control or execute, and such as were
deemed essential to our national existence. All privileges, rights, and
powers, not deemed essential to the successful administration of the
national government, were reserved to the states and to the people. It
follows that the general government is one of limited powers; that while
it is supreme in all matters delegated to it by the constitution, and
while in its several departments it can exercise all such implied powers
as are necessary for the complete execution of those expressly
delegated, neither the executive, legislative, nor judicial departments
can assume the exercise of powers not conferred upon them by the express
provisions of the constitution; and that while the state governments can
exercise all powers not expressly prohibited in their constitutions,
because of their general sovereign character, the general government is
limited to such as are expressly granted. If these propositions are
correct, then the general government has no authority for creating
private corporations.
We are aware that congress has assumed the negative of these
propositions, and has granted charters to some of the most gigantic
corporations of the country, under which charters they have organized
and are doing business in states which, according to our interpretation
of the constitution, as above stated, should have the absolute control
of such companies. We shall attempt to demonstrate that the acts of
congress granting charters to railroad and other private corporations
are usurpations of power, in conflict with the provisions of the
constitution, destructive of the rights of the people and of republican
government.
Public-domain text, read in full here on John Shaqi.
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