Monopolies -- United States; Railroads and state -- United States
work: "It is, we think, a sound principle, that when a government
becomes a partner in a trading company, it divests itself, so far as
concerns the transactions of the company, of its sovereign character,
and takes that of a private citizen. Instead of communicating to the
company its privileges and its prerogatives, it descends to a level
with those with whom it associates itself, and takes the character
which belongs to its associates, and to the business which it
transacts. * * * As a member of a corporation, a government never
exercises its sovereignty. It acts merely as a corporator, and exercises
no other powers in the management of the affairs of the corporation than
are expressly given by the incorporation act. The government of the
Union held shares in the old Bank of the United States; but the
privileges of the government were not imparted by that circumstance to
the bank."
If there exists any authority in the general government to create a
corporation for any purpose, it is in relation to the finances of the
country. The necessity of a fiscal agent of some kind would seem to
warrant the creation of a banking corporation. But, if the power is
conceded, it does not follow that the people should be taxed to provide
a bounty, payable semi-annually, to the private companies who are
engaged in banking, and who alone receive the profits arising from the
business. Yet the act of congress creating the banks provides for the
payment of semi-annual interest on the capital invested; and this
interest is collected from the people. All railroad corporations,
created by act of congress, are absolutely private corporations. The
insertion in the charter of the words--"to secure the more safe and
speedy transportation of the mails, troops, munitions of war, and
government supplies"--found in all of these charters, does not change
the character of the corporations. The grants are made to private
parties; the roads are under their control; they receive aid from the
general government, but in their own names own and control the roads,
and can, at any time, dispose of the roads and franchises, and the
general government has no power to prevent any action the companies may
choose to adopt so long as they regard the provisions of their charters.
No statesman or jurist of our country has at any time, until within the
last few years, claimed that congress could create corporations for
private purposes; on the contrary, in all of the earlier decisions of
the federal courts, it was uniformly conceded that congress did not
possess the power to create such corporations. Chancellor Kent, Chief
Justice Marshall, and other eminent writers, are all agreed that, under
the constitution, congress cannot create a private corporation. If
congress had no constitutional right to create railroad corporations,
how can it possess the power to tax the people to pay their debts? The
people are now paying at least $8,000,000 per annum in shape of taxes
Public-domain text, read in full here on John Shaqi.
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