Monopolies -- United States; Railroads and state -- United States
jurisdiction, and hence this branch of commerce is placed in the custody
of the nation. But keeping in mind the definition of the word,
"Commerce," let us see what is meant by the term as applied to dealings
between the states. We insist that it has no reference to the
construction of roads, railroads, canals, or any other ways upon which
commerce might be carried, or over which articles of trade or traffic
might pass, but that it refers only to the dealing of the people of one
state with another; that while the people of each state are under the
supreme control of their state authority, all the privileges enjoyed by
the citizens of any one of the states as to residence or traffic with
the citizens of another state, are to be the same. No distinction can be
made, and for the purpose of carrying out this provision of the
constitution, and preventing the levy of tariffs or taxes by one state
upon the citizens of another state, and for the purpose of guaranteeing
to all citizens of the United States immunity from these unjust
discriminations, the power to regulate commerce among the states was
delegated to congress. Nor does it follow, that, for the purpose of
regulating commerce among the states, congress can grant exclusive
privileges and monopolies in any business not confided to one state.
When the constitution was adopted, each state was independent; each had
all the powers and prerogatives of a nation; each was supreme within its
geographical limits; each might prescribe its own rules in relation to
immigrants, and to trade and traffic with other states; it might
discriminate in favor of its own citizens; it might impose tariffs on
foreign imports, and deal with its sister states as with foreign
nations. To prevent this, and to secure to all citizens of the United
States equal privileges and immunities in all parts of the United
States, the provisions of the constitution we have quoted were adopted.
While the independence of the states was recognized and preserved, the
power to regulate commerce, among them, was delegated to congress; not
the power to withdraw from the state its right to legislate upon the
subject of commerce among its own citizens, or the right to protect its
own citizens in their dealings with the citizens of other states; but
simply providing that no discriminations should be made on account of
residence, and establishing equal rights and privileges of all citizens
of the United States in all the states, free from discriminations sought
to be enforced under local or state statutes and regulations. Should any
one state attempt to deny to the people of another state the privileges
guaranteed by the constitution, then it would be the plain duty of
congress to interfere and "_regulate commerce_" between these states.
But while a general national law might constitutionally be enacted upon
this subject, it certainly cannot be claimed, that upon the pretext of
regulating commerce among the states, congress can charter railroad
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