CHAPTER IX.

STATE RIGHTS AT THE BAR OF A CORRUPT CONGRESS.

None of the subjects of legislation have tended to destroy

constitutional safeguards and debase public morals so much as

congressional legislation, with its grants of land and bonds, and other

special benefits in favor of railroad corporations. This species of

legislation has well nigh destroyed republican institutions. While our

government is republican in name it is in fact controlled by an

oligarchy. The whole government has become a prey to the class of

corporations above named, and is administered in their interest. Their

influence controls the legislative department, the courts of the

country, and its finances. This is a sweeping assertion, but who will

deny it. Further, the very men who by their votes in congress have

created these monopolies, have themselves in many instances received

pecuniary consideration for their votes, either in corporate stock, or

direct payment. This last assertion is now (January 9, 1873) being

supported by results arrived at by committees appointed to investigate

charges of corruption made against members of both branches of congress.

Having assumed the right to grant charters and aid to these corporations

in violation of the constitution, it was but one step further in the

same direction for congress to enact other unconstitutional laws,

regulating and combining railroads receiving their charters from state

legislatures, laws which enable these roads to so combine their

operations as to control the entire interests of the country. These acts

are numerous in the published laws of congress. We will refer to some of

them, and direct the reader to the following, of a general nature: On

the 15th of June, 1866, congress passed the following unconstitutional

act in the interest and for the benefit of railroad corporations: See

Second Brightley's Digest, page 528, "That every railroad company in

the United States, whose road is operated by steam, its successors and

assigns, be and is hereby authorized to carry upon and over its road,

boats, bridges, and ferries, all passengers, troops, government

supplies, mails, freight, and property, on their way from one state to

another state, and to receive compensation therefor, and to connect with

roads of other states so as to form continuous lines for the

transportation of the same to the place of destination. Provided, that

this act shall not affect any stipulations between the government of the

United States, and any railroad company for transportation and fares

without compensation, nor impair or change the conditions imposed by the

terms of the acts granting lands to any such company to aid in the

construction of its road, nor shall it be construed to authorize any

railroad company to build any new road, or connection with any other

road without authority from the state in which said railroad, or

connection, may be proposed." Commenting upon this extraordinary

statute, the editor says: "In the preamble to this extraordinary

assumption of power, on the part of the federal congress, they prefer to

base their authority for it on the power to regulate commerce among the

several states, to establish post-roads, and to raise and support

armies. But it has been decided that the constitutional power to

establish post-roads is confined to such as are regularly laid out under

state authority; the government of the United States cannot construct a

post-road within a state of the Union without its consent. The

post-roads of the United States are the property of the states through

which they pass. The United States have the mere right of transit over

them for the purpose of carrying the mails; the government could not

have an injunction to prevent the destruction of a mail-road." Citing

the case of the Cleveland, Painesville, & Ashtabula railroad company

_vs_. The Franklin canal company, in the circuit court of the United

States, the editor adds: "Congress certainly can confer no rights on a

railroad company incorporated by a state government, which are withheld

from it by the charter of its creator."

The above quoted act assumes that congress has full power to regulate

the connection of railroads in the different states, as well as the

carrying trade upon the same. It strips the several state governments of

all power to interfere, and in case of any controversy takes from the

state courts the power to determine the rights of the respective

parties; the act of congress could be pleaded, and, as a necessary

consequence, the United States courts would have exclusive jurisdiction.

It cannot be claimed that this act can be supported under any express

delegation of power to the general government, nor can it be supported

as being incidental to any express grant. It is an usurpation not

warranted or sustained by any part of the constitution. This one section

quoted, destroys the right of any state of the Union, or of two or more

of them, to legislate upon the subject of uniting or connecting

railroads meeting on the lines dividing them, and also takes from the

states the right to regulate the carrying trade within their own

respective borders. Congress had no more authority under the

constitution to enact this law, than to provide by statute for the

construction of public highways when they meet upon the line dividing

states, or to provide for the passage of teams from one state to

another, and the transportation of freights over the common highways

within or across a state. The whole power under the constitution is

reserved to the states. Prior to the creation of these great railroad

monopolies by congress, an attempt at such legislation would have been

deemed unconstitutional, but as soon as the whole affairs of government

passed into the hands of the few, and when the protection of their

interests demanded it, the act was passed, and has remained upon the

statute book as one of the laws of the land. This act is about the only

one that openly and broadly covers the whole ground, and assumes to

regulate the internal affairs of the states, but there are numerous acts

passed in relation to land grants and the companies chartered by

congress, which have the same effect. In some cases the absolute control

of roads constructed under charters obtained from state legislatures, or

under state laws, has been taken from the states by acts of congress,

and placed under the jurisdiction of the general government. In most

instances where this has been done, members of congress, or their near

relatives, were large owners of stock in the companies to be benefited

by the act. To speak more plainly, the acts granting special privileges

to particular companies, and placing them under the jurisdiction of the

federal government, were passed for the benefit of congressmen and

others in high official position. Let us examine some of these acts.

Among the stockholders and directors of the Union Pacific and its

branches, there are found at least eight persons who were members of

congress at the date of the act of congress creating the corporation,

and also at the date of the material amendments to the charter. Some of

these congressmen are still stockholders and directors, and were

directors when congress released these companies from payment of

interest on the bonds they had received from the government. Another

land grant company having congressmen among its stockholders and

directors, is the Leavenworth, Lawrence, & Galveston; also, the Iowa

Falls & Sioux City; also, the Cedar Rapids & Missouri River; also, the

Burlington & Missouri River; also, the Atlantic & Pacific; also, the New

Orleans, Mobile, & Texas; also, the Northern Pacific; also, Sioux City &

Pacific; also, the Fremont, Elkhorn, & Missouri Valley. The number might

be extended, but enough is given to sustain our charge. Most of the

above named companies were organized under state laws, or received their

charters from state or territorial legislatures. For the purpose of

consummating certain speculative ends, congress has treated with

contempt state laws and state authority. Where charters have been

granted under state authority, and the companies were rightfully under

the control of the states within which their roads were located, acts

like the following have been passed by congress: "That the Leavenworth,

Pawnee, & Western railroad company, of Kansas, are hereby authorized to

construct a railroad and telegraph line from the Missouri river, at the

mouth of the Kansas river, on the south side thereof so as to connect

with the Pacific railroad of Missouri;" and then follow the details for

constructing and operating the road, and placing it under the control of

the general government. In the case of the Central Pacific company,

chartered by the state of California, congress passed the following

act:--

"The Central Pacific railroad company of California, a corporation

existing under the laws of the state of California, are hereby

authorized to construct a railroad and telegraph line from the Pacific

coast, at or near San Francisco, or the navigable waters of the

Sacramento river, to the eastern boundary of California."

Substantially the same provision is found for most of the corporations

above named, and in all those cases, the authority to construct the road

is followed by a provision for aid by the general government.

It might be pertinent to inquire why it became necessary for congress to

assume the control of railroads already chartered under state authority.

It cannot be claimed that the states acted without authority in granting

the charter; nor can the authority of the general government to take

from the states the control of railroads within their border, be

supported by any grant of power contained in the constitution. On the

contrary, the power is reserved to the states, and its exercise is

denied to the general government. It cannot be urged that the interests

of the people are subserved by this assumption of power; on the

contrary, these acts of congress take from the public its rights

reserved by the constitution. But one answer can be given, _these acts

were passed for the promotion of selfish and corrupt ends_. In support

of this, we need only state the fact, that in almost every instance

where congress has attempted to re-charter companies organized under

state authority, and granted them aid, members of congress who were

members at the date of the passage of the acts, were stockholders, and

not unfrequently directors. Some congressmen who have been members for

the last ten or twelve years, are stockholders in several of the

companies, and at least one member of congress of twelve years standing

is now a director in at least three companies that received grants of

land, one of them getting large amounts of subsidy bonds, for all of

which he voted, and for which, as often as occasion served, he has used

his vote and influence in procuring additional privileges. We do not

claim that every member of congress is interested in railroads; but we

do assert that there are many senators and representatives who are

personally interested, and that the proportion is so great that whenever

it is desirable to have legislation it can be obtained without

difficulty. To prove that the chartering and endowing of railroad

companies is one of the principal occupations of the national

legislature, we have only to look through the acts of congress the last

two or three sessions. At the first session of the forty-second congress

fourteen railroad bills were passed, some of them conferring grants to

companies yet in embryo, having no being save upon paper, but presenting

"great expectations" to our congressmen, who combine the business of

granting charters and building railroads, and who find no indelicacy in

becoming stockholders and directors in the corporations to which they,

as congressmen, have voted lands and money. Some of these roads, under

the acts of congress, present great inducements for investments, and in

due time will receive proper attention. The effect of this species of

legislation has been most baneful. The national congress, once the most

pure and patriotic body in the world, has become the headquarters of all

the unscrupulous men of the nation. It is under the control of dishonest

and reckless men. Elections to seats in that body have become of such

value, that to secure them men do not hesitate to pay more than the

salary for the entire term. Nor do candidates always pay their own

money. It is often furnished by rings and interests which require

special legislation. It is now well understood that senators and

representatives are in the market like other commodities. The purchase

is made either in large donations of $10,000, $20,000, $30,000, or more

from single corporations, or by shares, stock or bonds in companies

chartered by congress, and afterwards fostered and protected by

congressmen. So common has this practice become that it is not now

considered disreputable. What in former years would have been deemed

bribery and corruption are now nothing but fair business transactions.

We recall a case which illustrates the purity of former legislation

compared with what we see in our own day. Some thirty years ago, certain

parties desired a charter for a denominational college. A Rev. Mr.

Strong was appointed to visit the capital and interest the legislature

in behalf of the charter. He was introduced to a Mr. Cushing, to whom he

presented his case, and whom he sought to interest in favor of the

grant. The grant of the charter was likely to meet with opposition, and

to remove certain objections, Mr. Strong was anxious to have Mr. Cushing

examine into the matter fully, and as an inducement for making such an

examination he was told that the friends of the measure would compensate

him liberally for the time he might spend in such examination. This Mr.

Cushing interpreted as an offer to bribe a member of a legislative body,

and he felt bound to resist it. Accordingly he laid the matter before

the house. That body by unanimous vote, ordered the sergeant-at-arms to

arrest Mr. Strong, and bring him to the bar of the house. After an

investigation into the truth of the charge, Mr. S. was found guilty and

publicly reprimanded by the speaker. This happened before legislators

had learned to speculate upon their official position. It was in simple

times, when those elected to office supposed their first duty was to

serve their country, and when it was an irrecoverable disgrace to

receive a bribe. It was at a time when our law-makers had too much

self-respect to purchase their election with tens of thousands of

dollars, and then reimburse themselves by taking stock in, and dividends

from, giant corporations chartered and created by themselves. How is it

now? Let the facts answer. Class or personal legislation, for special

combinations, or in certain interests, is the rule, and legislation for

the benefit of the whole people is the exception to that rule.

Congressmen, to secure an election, expend large sums of money, and when

elected their first care is to _get even_. To accomplish their purpose,

they resort to unconstitutional legislation, such as granting exclusive

privileges or jobs to individuals, for which indirect pecuniary

consideration is received. But this alone would not suffice to reimburse

them for their great outlay. The greatest source of profit to

congressmen has been, and unless it is checked, will continue to be,

found in railroad legislation.

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