Page:Congressional Government.djvu/55

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INTRODUCTORY.
31

for the government of the business to which they relate, at all times and under all circumstances. As they were intrusted to the general government for the good of the nation, it is not only the right but the duty of Congress to see to it that the intercourse between the States and the transmission of intelligence are not obstructed or unnecessarily encumbered by state legislation.”[1] This emphatic decision was intended to sustain the right of a telegraph company chartered by one State to run its line along all post-roads in other States, without the consent of those States, and even against their will; but it is manifest that many other corporate companies might, under the sanction of this broad opinion, claim similar privileges in despite of state resistance, and that such decisions go far towards making state powers of incorporation of little worth as compared with federal powers of control.

Keeping pace, too, with this growth of federal activity, there has been from the first a steady and unmistakable growth of nationality of sentiment. It was, of course, the weight of war which finally and decisively disarranged the balance between state and federal powers; and it is obvious that many of the most striking manifestations of the tendency towards centralization

  1. Pensacola Tel. Co. v. West. Union, 96 U.S. 1, 9. (Quoted by Judge Cooley in his Principles of Constitutional Law.)