FREE RAILROADS.
REVIEW
THEN TON, N. J..-
PRINTED AT THE "TRUE AMERICAN" OFFICE.
1861 .
FREE RAILROADS. •
REVIEW
\
OF THE
. $. ^fiailnafo (fo.'s |jantj{[lets,
ON
A SYSTEM OE FREE RAILROADS.
PRINTED
TRENTON, N. J.:
AT THE u TRUE AMERICAN"
1861.
OFFICE.
LISRARr
BUREAU CF RAILWAY ECONOMICS.
WASHINGTON, D. C.
HFC |4 1910
REVIEW.
The New Jersey Railroad Company, by tlieir agents, have
recently endeavored to fan a flame of controversy throughout
the State on the subject of railroads and the rights of the
Camden and Amboy Railroad Company. With this view,
they have got up and published a couple of pamphlets, con¬
taining many*.unfair statements and much false reasoning.
A short review of these publications may be useful to set
the matter of controversy in its true light.
The first pamphlet is entitled " A History of the Railroad
Conflict in the Eighty-fourth Legislature of New Jersey, and
the opening of free legislation for Railroads A This book
contains a one-sided and garbled statement of the correspon¬
dence and proceedings relating to the Hoboken and Newark
Railroad. The charter of this road is the great burden of
complaint. It is alleged to be an attack upon the New Jer¬
sey Railroad Company, and an invasion of their franchises,
and the Camden and Amboy Railroad Company are held
responsible for the sin of its origin and passage. Hence the
New Jersey Railroad Company seize upon this so-called
obnoxious charter as a pretext for overturning our railroad
system in New Jersey, hoping thereby to divert the whole
travel between New York and Philadelphia over their own
road.
4
4
This is the whole end and aim of the controversy endeav¬
ored to be raised by the publications in question. •
An instance of the unfair and one-sided manner in which
the pamphlet has been manufactured, strikes the eye at once
on opening the book. A debate before a Committee of the
Legislature is attempted to be given. The speakers were
limited to half an hour each, and it is well known that they
all occupied their time. Yet the remarks of the speakers in
favor of the Hoboken Railroad bill are compressed into the
space of little more than a page, whilst those of Messis. Jack¬
son and Zabriskie against it occupy more than six pages !
Another instance of want of fairness and candor is
the statement that the opponents of the New Jersey road
were guilty of great wrong in treating their friends to oys¬
ters and wine. This is a small business at best, and yet it
requires a passing notice. The fair inference from this state¬
ment is that the friends of the New Jersey Road never did
the like, and yet it is notorious that Mr. John P. Jackson
himself presided, night after night, at suppers given by him,
and that open house was kept for the friends of the New
Jersey Road.
It is well known that it has long been the custom of the friends
and opponents of bills before most of the Legislatures of the
different States to exercise a certain degree of hospitality.
This custom may be a bad one, but surely the New Jersey
Road have, by their practice, contended that it was a good
one.
The allegation that the Hoboken and Newark Railroad was
originated or sought by the Camden and Amboy Railroad
Company, is untrue, and this was known to the persons who
got up the pamphlets under review. A very important part
5
of the correspondence published last winter on the subject of
controversy, between Mr. E. A. Stevens and the New
Jersey Railroad Company, is quietly left out in the pam¬
phlets. On the 28th of February, 1860, Mr. Stevens published
a communication to the public answering and refuting the
misrepresentations and mis-statements wrhich had been put
forth on the subject. These mis-representations and mis¬
statements are re-published in the pamphlet, but without any
correction or refutation of them. That would nof have an¬
swered the purpose. The truth will not subserve the ends
aimed at.
In that communication Mr. Stevens positively denies that
the application for the Hoboken and Newark Railroad was
made by, or on behalf of, the Camden and Amboy Railroad
Company, or by or for any one else except the Hoboken
Land and Improvement Company and himself as its agent or
principal stockholder. He also states what was the real
cause and ground of the application—and the fact does not
redound much to the credit of the New Jersey Railroad
Company. It was briefly this: The Hoboken Company
represented the Hoboken and Ferry interests formerly owned
by the Messrs. Stevens. In 1832, when the New Jersey
Railroad Company was chartered, the Hoboken Ferry was
much the best ferry on the river, on which the public had
been accommodated at great expense to its owners, and
which drew a large proportion of the travel between Newark
and New York. The owners of it were desirous that the
New Jersey Railroad, or a branch thereof, should come to
their Ferry, as otherwise the value of their property would
be greatly impaired. The Legislature, to protect them in the
enjoyment of their property, inserted a clause in the New
Jersey Railroad charter, giving the owners of the Ferry the
privilege of building a branch road to connect this Ferry with
the New Jersey Railroad, should that Company fail to build
such a branch themselves, so as to give the Hoboken Ferry
" equalfacilities of communication' with Newark to those enjoy¬
ed by the Jersey City Ferry. When the time came for exer¬
cising this privilege, the New Jersey Railroad Company desired
to postpone the construction of the branch, and agreed to pay
the Messrs. Stevens an annual sum of money as an equiva¬
lent for the loss their Ferry sustained by not having the
branch road. In 1859, thinking they had acquired power
enough to set Mr. Stevens at defiance, they refused to pay
any more money or to build the branch road. Mr. E. A.
Stevens, as the agent of the Hoboken Company, then gave
notice that he desired to build the branch himself, and applied
to the New Jersey Railroad Company to know on what
terms he could run cars on their part of the road from the
point of intersection to Newark. They answered him by re-
•
ferring to their charter rates—which are well known to be
higher than any railroad can charge to the traveling public
at the present day. These rates would require the Hoboken
Company to pay the New Jersey Company, for half the
route, all the money which they could charge their passen¬
gers for the whole distance. Receiving this mockery of an
answer to his application, Mr. Stevens then applied to the
Legislature for leave to construct a local road between Ho¬
boken and Newark.
This is a plain and brief history of the origin and cause
of that application.
Then the New Jersey Railroad Company vowed vengeance
on Mr. Stevens and on the Camden and Amboy Railroad
7
Company, of which he is a large stockholder, and endeavored
to move heaven and earth to prevent him from getting his
charter. The Legislature deemed his application a just one,
and no invasion of the rights of the New Jersey Railroad
Company, and granted it, by a vote of 36 to 22 in the House,
and 14 to 7 in the Senate. Hence the railroad war which
has been declared by that Company, and the great cry about
" free railroads " which they have endeavored to raise.
From this brief review, it is easy to see how single and
disinterested the motive is, and from what high and honorable
regard for the public welfare all their professions of public
zeal arise !
But, though private revenge may be at the bottom of the
.movement on their part, and though it be sustained by false
representations of fact and unfair appeals to popular preju¬
dice, it is meet that the hue and cry ^hich is raised should
be examined on its merits, in a calm and rational spirit. If
the public good would be promoted by subverting the long
established policy of the State, and entering upon a new
course of railroad legislation, private interests ought not to
stand in the wray of its accomplishment. The New Jersey
Railroad Company, it is true, have, quietly and wTith charm¬
ing meekness, stood by and participated with the Camden
and Arnboy Railroad Company in the benefits of the business
across the State, for which the latter Company paid a large
bonus to the State, and the former have only now waked up
to the vast public benefits which a system of free railroads
would confer, when an individual has dared to assert his just
rights against them; but, notwithstanding all this, and no
matter how vicious and selfish their motives may be, if they
arc really in pursuit of that which will tend to the public
8
good, no reasonable man will critically object to its accom¬
plishment.
Corrupt motives, however, may and ought to be looked at
in weighing loud professions of patriotism and zeal for the
public good, and in estimating the arguments and considera¬
tions advanced in favor of a selfish object.
With no desire to give undue prominence or importance to
the unworthy motives of the parties who are endeavoring to
urge on this new order of things, we will proceed to a dispas¬
sionate examination of its real merits.
In the first place, the catch-word "free " is unobjectiona¬
ble. "Free" States, "free" labor, "free" territory, "free"
land, are good things; and "free" railroads sounds well
without particular reference to what is meant. It is always,
well to have a good catch-wrord. It may mean nothing, but
then it will tell on 1^he ear, and that is always something.
But when we come to the meaning of it, the author of the
pamphlet himself would probably have some difficulty in tell¬
ing us precisely what he does mean. He can hardly mean
that all people are to travel free on the railroads. He can
hardly mean that a railroad may be constructed wherever
any speculator chooses to lay one, whether the Legislature
approve of its location or not. We suppose he must mean
that the Legislature is to be free to charter railroads every
where in the State, without regard to any pledge of the public
faith. We suppose he must mean this, because he spends a
great deal of space and gets opinions of learned lawyers to
prove that the Legislature may authorize certain classes of
roads, which he calls local roads. He further contends that
" a direct line of independent railway should he constructed
from a suitable point on theJIudson river opposite New York
9
to a like point on the Delaware river opposite Philadelphia,"
for which he cites no opinion of counsel. A "free" and
" independent" railroad between New York and Philadelphia
is proposed. That is what is meant by a "free" railroad.
And by a system of free railroads is meant an unlimited dis¬
tribution, by the Legislature, of charters for railroads in every
direction, irrespective of the public faith, the public revenues
and the public interest. This is substantially what is meant.
This policy is said to have been inaugurated by the charter
of the Iloboken Railroad, and ought to be pursued hereafter
as the true policy of the State. The author does not put
this in so many words, but that is the sense and meaning of
what he does say as will be more fully shown hereafter.
Now, as Jerseymen, we are called upon to say whether this
is the true policy of the State or not.
In the first place, it is not true that the proposed policy
was inaugurated by the Hoboken Railroad. The origin
of that road has already been adverted to. It grew out of a
previous pledge of the public faith to the owners of the Ho¬
boken Ferries ; and a mere redemption of that pledge is cer¬
tainly no breach of contract, nor does it inaugurate a system
of free railroads, in direct violation of the public faith.
In the next place, it is not true to say or assume, as the
author of the pamphlet does, that the Legislature of New
Jersey has heretofore refused to charter local roads when re¬
ally needed and called for by the people. The rail map an¬
nexed to-Hie last pamphlet furnished abundant proof of this.
And besides the numerous roads marked on that map, very
many roads have been chartered which have never been built or
commenced. One instance is the road from Millstone to
Flemington, connecting with the Flemington road, which was
10
chartered several years since, running almost through the
very district of country which is alleged to he in want of a
local road. The truth is, that, whenever a local road has re¬
ally been needed and applied for, the Legislature has always
been prompt to grant it. It is only when their local nature
has been a mere pretence, and when the real object has been
to conflict "with rights previously granted, that the Legislature
has refused to grant them.
Again, the pamphlets in question are issued by, or under
the auspices of, the New Jersey Railroad Company, in avowed
hostility to the Camden and Amboy Railroad Company. It
is, therefore, pertinent to remark at the outset, what will be
more fully shown hereafter, that the latter Company has ex¬
pended millions of dollars in erecting local roads in different
parts of the State, whilst the former Company has aided in
the erection of just six miles of road, viz: the Millstone ex¬
tension. The annual revenue derived to the State Treasury
from the Camden and Amboy Company amounts now to more
than one hundred and forty thousand dollars; that derived
from the New Jersey Company to about thirty-six thousand
dollars.
But, to look at the questions at issue more in detail, let us
r
consider: -
I. Does New Jersey really need any more through lines of
railroad between New Yorjc and Philadelphia than are at pre¬
sent enjoyed ?
II. What has been the past policy of New Jersey as re¬
gards railroads generally, and its effect upon local roads and
the credit and revenue of the State ?
III. What is the actual object aimed at by this so-called
system of " Free Railroads V
11
IV. Under what auspices is it introduced, and what would
be its certain results ?
*
Let us first consider
•
IF NEW JERSEY REALLY NEEDS ANY MORE LINES OF RAILROAD
BETWEEN NEW YORK AND PHILADELPHIA THAN ARE AT PRE¬
SENT ENJOYED.
By this is meant, do the citizens of New York and Phila-
delphi i have that frequent, quick and cheap communication
with each other that their situation requires and that a pro¬
per regard to State comity should extend to them ?
Pirst.—Are there a sufficient number of through trains
run, and at such rates of fare as should reasonably accom¬
modate our city friends ?
The ,best method to determine these facts is to ascertain
what are the facilities between our other principal cities,
and what the average rate of fare of the New York and
Philadelphia lines, and what the rate on railroads in other
States. By referring to the railway guides, the following
are found to be the facts as regards the number of trains:—
Between New York and Albany, two through trains daily.
" Philadelphia and Baltimore, three " "
" Baltimore and Washington, four " "
" New York and Boston, six " <4
" New York and Philadelphia, ten " "
The following is also found to be the average rate of fare
per mile:—
On Camden and Amboy Roads.
Way lines, - - - - - 1.44 cents.
Through lines, - - - - - .. 3.07 "
r
p
G>
p-1
3
p
<<J
/
«
12
On Roads in Twenty-five States—Taken from Appleton's
Guide.
♦
Way lines, 3.15 cents.
Through lines, - - - 3.44 "
As regards the question of speed, the express trains by the
Camden and Amboy Branch, via New Brunswick and the
New Jersey Road, run in a little over four hours, and the
express trains by the Camden and Amboy line proper, via
Amboy, in a little less time. The average passage by both
routes is made in about four hours.
In considering the actual rate of speed at which trains are
run, there must be deducted from this a half of an hour for
the ferries, and the same for the necessary stops, leaving
three hours for ninety miles, and rendering necessary a speed
of thirty miles per hour.
When it is remembered that this includes the transit
through the heart of populous towns at a reduced rate, it
will be seen that the speed has, in many cases, to be much
increased, often to thirty-five and forty miles per hour.
Does New Jersey owe it to her sister States to rush trains
over her highways and through her towns at a faster rate? .
Should, however, a higher rate of speed be required, the
best practicable mode would be to construct a new road that
would go around or under the towns, instead of through them.
The route from Philadelphia to New York via Kensington,
Tacony, Trenton, and New Brunswick, is very direct, passing
through no large towns, excepting Trenton, until it reaches
New Brunswick. t
Through Trenton the road is being re-constructed, so that
the streets will pass over the railroad instead of on the same
13
level; the route, therefore, between Philadelphia and New
Brunswick practically passes through no large towns, so far
as detention is concerned. Between New Brunswick and the
Hudson river, however, the present road has been unfortu¬
nately located through the heart of many populous towns,
with no provision for the streets going over or under them.
If, therefore, a new route is necessary on account of delays,
the only practicable way to attain that object is to construct
another road betiveen*New Brunswick and the Hudson river,
with suitable provision for passing under or over the streets.
An advantage of this route is that it could be chartered and
built without a breach of faith on the part of the State.
But, whatever local interests may require, we have our
doubts whether such a road is necessary to accommodate the
through travel. New Jersey has furnished two good routes,
and a third would be superfluous.
The above shows clearly that another road is not needed
in consequence of lack of through accommodation.
Having now disposed of that branch, let us examine into
the past policy of new jersey as regards railroads
generally, and its effect upon local roads and the credit and
revenues of the State.
It is well known that New Jersey early instituted the
policy of leasing out her right of way for a limited term of
years, in order to facilitate the construction of her canals,
railroads, and other internal improvements. If they were to
be built, it was necessary either to incur a vast public debt,
or to adopt the present system.
14
In 1832 an act was passed that it shauld not be lawful,
during the charter o the Camden and Amboy Railroad Com¬
pany, to construct any other railroad or railroads without the
consent of the consolidated Railroad and Canal Companies
" ivhich shall he intended or used for the transportation of
passengers or merchandize between the cities of New York
and Philadelphia, or to compete in business with the rail¬
road authorized by the act to ivhich this supplement is rela-
tiveP i
Upon the faith of that act millions have been invested in
the magnificent works o the State, not only upon the main
trunk lines, but upon an extended system of local roads ; and
we now come to the very kernel of this matter of free roads.
From the pamphlets before us, it might be well inferred
that New Jersey had been most niggardly and contracted in
her policy as regards local roads, and that it was reserved
for the writer of these pamphlets, or in other words the New
Jerse)T Railroad, to show the great benefit of local, or as they
are styled, "Free Roads." So far from this, however, being
the case, the State has always been n ost liberal in her char¬
ters and general policy to this very class of roads, and has
endeavored by liberal legislation to stimulate their construc¬
tion. By turning to our State laws we will find that, in
addition to the local roads already built, charters for the fol¬
lowing have been passed;
15
LIST OF LOCAL RAILROADS CHARTERED BY THE STATE OF NEW
* JERSEY.
Paterson and Fort Lee Railroad Company. (From Pater-
son to Fort Lee.)
New Jersey, Hudson and Delaware Railroad Company.
(From Delaware River to Hudson River.)
Bridgeton and Centreville Railroad and Transportation
Company. (From Bridgeton to Centreville.)
Belvidere and Port Colden Railroad and Transportation
Company. (From Belvidere to Port Coldeti.)
Medford Railroad and Transportation Company. (From
Lumberton to Mullicas River, near Batsto.)
Belleville Railroad and Transportation Company. (From
Belleville to a point on the New Jersey Railroad and Trans¬
portation Company between the Passaic and Haekensack
Rivers.)
Bergen County Railroad and Transportation Company.
(From Haekensack to Hoboken.)1
Monmouth and Middlesex Agricultural Railroad and Trans¬
portation Company. (From Scuddor's Mills to Middletown
Point, with privilege of a branch to any marl beds.)
Mt. Holly and Camden Railroad and Transportation Com¬
pany. (From Mt. Holly to Camden.)
Woodstown and Bridgeton Railroad and Transportation
Company. (From Woodstown to Bridgeton.)
Camden and Egg Harbor Railroad Company. (From Cam¬
den to Tuckerton.)
Springfield and Elizabeth Railroad Company. (From
Springfield township to Elizabcthtown.)
Perth Amboy, Woodbridge and Rahway Railroad and
_ J'-
113
Transportation Company. (From Perth Amboy to the town¬
ship of Woodbridge.)
Bergen Free Stone Company. (From township of New
Barbadoes to Hackensack River.)
Morris andEaston Railroad Company. (From Morristown
to the Delaware River, opposite Easton.)
Orange and Hanover Railroad Company. (From Rocka-
way to Orange.)
Port Colden and Morris Railroad and Transportation Com¬
pany. (From Port Colden to near Morristown.)
Columbia Delaware Railroad Company. (From the termi-
nation of the Belvidere Delaware Railroad to the town of Co¬
lumbia.)
Mine Brook Railroad Company. (From the townships of
Springfield or New Providence to Sidney.)
Hudson and Ramapo Railroad Company. (From township
of Franklin to some point on Hudson river, between Bull's
Ferry and Iloboken.)
Morris, Sussex and Warren Railroad and Transportation
Company. (From Morristown to Phillipsburg.)
Freehold and Keyport* Railroad Company.
Lumberton, Yincentown and Pemberton Railroad and
Transportation Company.
Woodstown and Pennsgrove Railroad Company.
Perth Amboy, Woodbridge and Railway Railroad and
Transportation Company.
Germantown Railroad and Transportation Company. (Ger-
mantown to White House.)
Newark and Belleville Railroad Company.
New York, Elizabethtown and Morris Railroad Cc^npany.
Patcrson and Hackensack Railroad Company.
27
Somerville and New Brunswick Railroad Company.
Salem and Delaware River Railroad Company.
Mount Holly and Pemberton Railroad Company.
Belvidere and Water Gap Railroad Company.
Newark and Bloomfield Railroad Company. (From Bloom-
field Township to Newark.)
New Egypt and Newtown Railroad Company. (From New
Egypt, Ocean county, through or near Allentown, Monmouth
county, and intersecting Camden and Amboy Railroad at
Newtown, Mercer county.)
Rocky Hill Railroad and Transportation Company. (From
Rocky Hill, Somerset county, to railroad running from Tren¬
ton to New Brunswick, intersecting same at Kingston depot.)
New Egypt and Hightstown Railroad Company. (From
village of New Egypt, Ocean county, to intersect with the
Camden and Amboy Railroad at Hightstown, Mercer county.)
Bergen County Railroad. (From Jersey City to Hacken-
sack and to New York State line.)
Newark and Springfield Railroad Company. (From either
of the townships of Springfield or New Providence to New¬
ark.)
Cape May and Atlantic Railroad. (From junction of road
from Weymouth Furnace to Batsto, and Camden and Atlan¬
tic Railroad to Cape Island, with power to build a branch to
Great Egg Harbor river.)
South Camden Railroad Company. (From South Ward,
in city of Camden, to some point not exceeding eight miles,
where earth may be obtained for filling wharves, &c.
Terth Amboy Railroad Company. (From Bound Brook,
on Central Railroad of New Jersey, running through Mid¬
dlesex county, to Perth Amboy.)
2
IS
Camden and Pemberton Agricultural Railroad Company.
(From Camden through the counties of Camden and Burling¬
ton to Pemberton, with power to extend to New Egypt.)
Ringwood Valley Railroad Company. (From Ringwood
mines, in Passaic county, to some point on the Morris Canal,
in either Passaic or Morris county, with privilege to extend
to line of State of New York.
Woodbury and Swedesboro' Railroad Company. (From
Swedesboro', Gloucester county, to intersect West Jersey
Railroad at Woodbury.)
Raritan and Delaware Bay Railroad Company. (From
Raritan Bay to Cape Island, via village of Tom's River, and
through counties of Ocean, Burlington, Atlantic and Cape
May.)
Perth Amboy and Woodbridge Railroad Company. (From
Perth Amboy to near station house in Rahway.)
Spruce Run Railroad Company. (From a point in Cen¬
tral Railroad of New Jersey near Clarksville depot, or from
a point in the Warren Railroad near Changewater, running
through Hunterdon and Morris counties, and terminating
near Schooley's Mountain Springs.)
Mount Holly and Tuckerton Railroad Company. (From
Mount Holly to Tuckerton.)
Peapack and Plainfield Railroad Company. (From Pea-
pack to Plainfield.)
Long Branch and Sandy Hook Railroad Company. (From
Long Branch to Sandy Hook.)
Salem Railroad. (From Salem to Woodbury.)
Ilackcnsack and New York Railroad Company. (Frbm
Ilack en sack to any point on " Patcrson and Hudson River
19
Railroad Company," between Boiling Spring station and
Bergen Hill.)
Atlantic and Cumberland Railroad Company. (From
May's Landing, Atlantic county, to mouth of Cohansey Creek,
Cumberland county.)
Peapack Railroad Company. (From a point on Central
Railroad of New Jersey, near Boundbrook, running through
Somerset county to Peapack, in township of Bedminster or
Chester, in county of Morris.)
Belvidere and Bridgeville Railroad Company. (From
Belvidere to Bridgeville.)
Perth Amboy and Boundbrook Railroad Company. (From
a point on New Jersey Central Railroad, near Boundbrook,
running through Middlesex county, to Perth Amboy.)
Camden and Haddonfield Passenger Railroad Company.
(From Camden to Haddonfield )
Millvflle and Winslow Railroad Company. (From Mill-
ville to some point on Camden and Atlantic Railroad, near
Winslow.)
West Jersey Central Railroad Company. (From Cape
May county, through counties of Cumberland, Salem, Glou¬
cester and Camden.)
Washington and Raritan Railroad Company. (From some
point near Dean's Pond to Washington, South river, with
privilege to extend to Raritan river or bay, in Middlesex
county.)
Mendham and Chester Railroad Company. (From Morris-
town, through Morris county, to John R. Nesbit's in the town¬
ship of Mendham, with privilege to extend the same to some
point in Chester, in same county.
20
Thus it is evident that, so far as legislation is concerned,
New Jersey has always encouraged " free roads " to the ex¬
tent of her ability, and consistent with her pledged faith and
plighted honor.
It is true that, year after year, the State has been called
upon to resist the schemes of speculators, generally from
other States, who have in vain endeavored, under the cloak
of u local roads," to get across the State, and thus establish
another through route. Uniformly resisting these schemes,
•however ingeniously and covertly planned, she has deservedly
earned for herself a character for honor, honesty and prac¬
tical good sense, of which any State might well be proud.
By the " free " legislation thus pursued, and by the gene¬
ral railroad policy observed, our State early made herself
conspicuous as a great railroad State. She has now perhaps
a more complete system of internal improvements than exists
in any other State in the Confederacy.
Beginning at the east, we find Hudson county the terminus
of numerous roads. Bergen and Passaic counties are crossed
by the Hudson and Paterson, the Paterson and Ramapo, the
Northern New Jersey and the Hackensack—while the former
likewise enjoys facilities furnished by the Morris Canal.
Essex county is penetrated by three great lines of communi¬
cation with the interior, which afford her growing cities the
advantage of a connection writh the great coal fields of Penn¬
sylvania and with the far west; Morris county is crossed by
the Morris and Essex Railroad and the Morris Canal; Sus¬
sex has the Sussex Road ; Warren has the Belvidere Dela¬
ware, the Warren and the Central roads; Hunterdon has
* •
the Belvidere, the Flcmington and the Central; Mercer has the
Camden and Amboy and Branches, the Belvidere Delaware and
21
the Delaware and Raritan Canal; Middlesex, the Camden and
Amboy and New Jersey; Somerset, the Central, the Mill¬
stone and the Delaware and Raritan Canal; Monmouth, the
Camden and Amboy and the Freehold and Jamesburg; Bur¬
lington, the Camden and Amboy and Mount Holly; Camden,
the Camden and Amboy, the Camden and Absecom and the
West Jersey; Gloucester, the West Jersey; Cumberland, the
Millville and Glassboro, and, in the spring of 1861, will have
the West Jersey, and Salem will have, at the same time, the
West Jersey and Salem—and it is confidently hoped that the
construction of the road from Millville to Cape May will soon
take place. The works above mentioned furnish about eight
hundred miles, of internal communication, and connect eigh¬
teen county seats with each other out of the twenty-one.
And to what is this owing ? Mainly to the wise policy of the
State in leasing her right of way across the State to a com¬
pany which has had the liberality, although not in the wrritten
bond, to construct lateral roads and canals, so that no large
district should be deprived of railroad facilities.
Actuated by this feeling, the Camden and Amboy Branch,
the Belvidere Delaware, the Flemington, the Mount Holly,
the Freehold and the West Jersey, have all been built mainly
by the efforts of persons interested in the Joint Companies;
and as the people from time to time desire more facilities, so
they are forthcoming. So much for a State not blessed with
"free railroads."
And why have the Joint Companies made these large ex¬
penditures ? As before observed, it was not in the bond.
They had the through right of way. In this they would have
been protected by the Courts, even if they had not constructed
one yard of local road.
Why then did they expend millions in developing the local
resources of the State ? For these reasons :—The gentlemen
who control these Companies were not only Jerseymen by
birth, but in feeling; they had the honor and interest of the
State at heart; they saw that the progressive spirit of the
age required that railroad facilities should be extended to
sections of the State other than those through which their
main lines passed.
These local roads were wanted; the inhabitants in their
vicinity were not able to furnish all the means required.
The Joint Companies were asked for aid, and they, taking an
enlarged and liberal view of their duties and obligations,
embarked millions in these works; have built or aided in the
building of more than one hundred and thirty miles of local
roads and branches, and are now engaged in constructing
fifty more. The effects of this system have been a rapid
increase in the value of the lands throughout the State—
large and rapidly growing towns—the extension of communi¬
cation by rail to almost every county in the State—an abun¬
dant revenue—no State taxes, and not a dollar of State
funded debt. Such have been the fruits of this wise system.
We now come to consider
THE PROPOSED SUBVERSION OF THIS POLICY
by the inauguration of the so-called "Free Railroad Sys¬
tem." It is brought forward under the auspices of the
New Jersey Railroad and Transportation Company, part
of the means used being the publication of the two pamphlets
we are now considering. They have adopted the cry of
" Free railroads," and, under that delusive title, are endeavor-
i.
23
ing to palm off upon the State, a plan that will impede the
construction of really local roads, to a greater extent, perhaps,
than any other that could have been devised. The title of a
system of " Free Log Rolling " would have been much more
appropriate.
*
It is proper, however, that we should examine into the
details of this scheme; we will therefore consider its declared
object, the means by which it is hoped that object can he
accomplished, the antecedents and past history of the New
Jersey road, by whom it is endorsed, and what would be the
certain results of its adoption.
A part of the title of the last pamphlet reads thus: "A
Main Trunk Double Track Railroad for the Nation in the
body of the wTork the "Main Trunk" for " the nation " is
defined to be "a direct line of independent railway " ufrom
a suitable point on the Hudson river opposite New York, to a
like point on the Delaware river opposite Philadelphia."
We are thus left in no doubt as to the object of the scheme.
It is stated clearly, boldly, and he who runs may read.
The leading idea of building another through road is not
left to be inferred; evasion is cast aside, and the bold, naked
truth openly stated. This is tangible, and something that
everybody can understand—this building of a road " from
some point on the Hudson river opposite New York, to a like
point on the Delaware river opposite Philadelphia." Hith¬
erto all the efforts of the New Jersey Company to get across
the State, and thereby defraud the people of their revenues,
and the Joint Companies of their property and vested rights,
have always been cloaked. Year after year has this same
Company wearied the Legislature with their schemes,' and
year after year have they been defeated. For the first time
24
%
do tliey appear in their present attitude; throwing aside all
disguise they ask for a road from "New York to Philadel¬
phia."
The end has thus been plainly set forth in unmistakable lan¬
guage—but wThat are the means by which it is proposed to be
attained ? The answer to this will also be found in another
part of the title : "by free legislation for local railroads for
every part of the State." Now, as has been shown above,
the legislation of the State having been always in fact "free,"
we must turn to the map that accompanies the pamphlet to
find out what is the meaning of the words "Free Railroads,"
as understood by the New Jersey Railroad Company. This
map purports to show the internal lines of railroad communi¬
cation through the State, including those projected and those
built. On it will be found pretty accurately delineated the
two hundred and sixty miles of internal communication that
the Joint Companies have already furnished the State, to¬
gether with the fifty miles now in process of construction;
also the forty miles of road built by the New Jersey Railroad
Company, thirty-four of which are main line and six exten¬
sion.
There is also parked down the unchartered roads which have
beeri projected by this New Jersey Company, and which are
supposed to embody this new system.
These can be placed under two heads: those-that are not
to terminate on the New Jersey road, and those that are so
intended.
The first embraces two short roads, running from east to
west, across the pines, to the incorporation of which no rea¬
sonable objection can or ever will be made.
The second class embrace but three in number, but it is
25
well known that applications for two or perhaps three more will
he made at the next session of the Legislature. These five or
six roads have some striking points in common; they all
terminate on or lead through the New Jersey Road; they are
all endorsed by that Company ; they all run nearly parallel to
each other ; they also run nearly parallel to the Camden and
Amboy Roads ; they all run in the same general line of direc¬
tion ; THEY ARE ALL FITTED TO BE PARTS OF A LINK IN A
THROUGH ROAD FROM NEW YORK TO PHILADELPHIA. The
localities through which these paper roads run, have, in most
instances, facilities from other railroads; in other cases rail¬
roads are already projected and will be built, unless impeded
by this "free road" agitation.
This " free road " scheme includes the building of from
one hundred and fifty to two hundred miles of road, at a cost
of from ten to fifteen millions of dollars. Traversing locali¬
ties already intersected to a great extent by other roads,
their local business would necessarily be small, and probably
would not more than pay the actual expense of working.
It is evident that such an immense capital could not be
subscribed for by the residents. The New Jersey Railroad
Company, with a capital of only four millions, would not have
the credit to borrow an additional fifteen millions, even if they
had the will. The idea that they are all intended to be
built, is too absurd for argument.
WHY THEN IS THE PASSAGE OF THESE ROADS URGED ?
For this simple reason :
" The Main Trunk Road for the Nation " could not com¬
mand local influence sufficient, nor even two "Main Trunks,"
26
but it is hoped by a stupendous system of "free log rolling"
five or six roads called "local" could be forced through the
o
Legislature together.
The friends of each route will be told privately and confi¬
dentially that their particular route is the one that will be
selected, but, in order to secure its passage, it will be neces¬
sary to pass all the others. Then the New Jersey Company
would choose the one the most desirable for their purposes,
and, having acquired a right of way across the State, would
use it in any manner they might think the most advantageous
to their interests. The people on the routes not selected,
after having been cajoled, cheated and humbugged, would be
cast aside as a man throws away any worn out tool.
So bald a scheme, one involving so much corruption, du¬
plicity, and treachery, will receive but scanty countenance
from the people of the State of New Jersey.
For the purpose of more clearly understanding this pro¬
posed system of " free log rolling," let us again turn to the
map that accompanies the last pamphlet. This is a singular
production in many respects, and will wTell repay a little
examination. In marking down the different routes for the
"free roads" and the "Main Trunk for the nation," an
apparently insuperable difficulty presented itself. As it was
a part of the scheme that there was to be in fact -NO " Main
Trunk for the nation" chartered, one of the "free roads"
being intended to fill that important position, and as the
friends of each particular "free road" had been told their
route was to be the favored one, how then could the " Grand
Trunk " be marked down on the map without exposing the
whole scheme ?
In this way, (and surely the plan has the merit of both
27
ingenuity and originality,) simply by leaving the "Main
Trunk for the nation " out of the map altogether.
A map designed to show, not only a system of "free roads,"
but a " Main Trunk for the nation," actually ignores the
existence of the "Main Trunk." The play of Hamlet with
the part of Hamlet omitted. Surely, when this fact trans¬
pires, the "nation," for whose especial benefit the "Main
Trunk " was designed, will feel sadly mortified.
Another little difficulty arose. One df these " local roads"
has been proposed to be run through Hunterdon county to
the Delaware river, but as many different localities in the
same county had been each promised, that the road should
run through their particular section, the problem was how to
do it on the map. This was also accomplished in a very
simple manner. The road was stopped in the middle of the
county, and then three or four branches were marked, all
radiating from that point. As the route itself through Hun¬
terdon has only the one-fifth chance of being the "Main
Trunk," it reduces the chance of each of these branches to
about the one-twentieth.
Another want of accuracy in the map is the omission of
the Newark and Hobokeii Railroad now building—eminently
a local road, and to which we have already adverted.
There can be no doubt but that when these facts are brought
to the attention of the inhabitants of the sections through
which these paper roads run, they will refuse longer to be
made the dupes of such clumsy treachery. Many of them
express themselves as already disgusted with the arts prac¬
ticed upon them, and will hereafter prefer to rely upon a
Company that is furnishing the State with over one hundred
and eighty miles of local roads and branches, rather than upon
one that has built but six.
28
It thus being clear that the object of this pamphlet is to
promote the construction of a railroad " between Neiv York
and Philadelphia" in direct violation of the faith of the
State, and that the means used are to be " free road " legis¬
lation, let us examine a little into
THE LEGAL OPINIONS ANNEXED TO THE LAST PAMPHLET.
These opinions are given by Chief Justice Ilornblower,
Governor Yroom and the Hon. A. H. Dutcher, all of them
gentlemen marked for their ability. It is not, however,
clearly shown why their opinions are given in a pamphlet,
the main object of which is to advocate the construction of a
railroad "from some suitable point on the Hudson river, oppo¬
site New York, to a like point on the Delaware river, opposite
Philadelphia," when their opinions will be in vain searched
for a single line which favors the idea that such a road could
legally be chartered.
Judge Ilornblower says: " My opinion, therefore, is that
there is nothing in the legislation of the State to prohibit the
construction of any railroad from any locality or place in the
State; PROVIDED, such new rdad is not intended to be a
rival road to, or to compete in the business of the said Joint
Companies with their railroad between the cities of New York
and Philadelphia /"
Mr. Dutcher's opinion is on the subject of local roads only.
He says : " The only question is, whether the State has the
right to charter the lateral roads that may affect the local
business of the Camden and Amboy Road," and then gives
it as his opinion that such a road can be chartered.
Governor Yroom, while taking the same position, says:—
29
" The State, however, should he faithful in the observance of
its actual contracts. It should not do INDIRECTLY,
what it cannot do openly and honorably; and hence it is
bound not to allow the construction of any railroads, EVEN
for local business and accommodation, which shall be used to
open up a netv accommodation between the two cities of New
York and Philadelphia, and thus compete with the legitimate
business of the Joint Companies. Against all such they have
a right to insist upon protection! And again :—" The State
will take care that no mere local road shall be perverted from
its legitimate purpose to their injury."
These counsel, although cited by Mr. Jackson in his be¬
half, do not quite endorse his idea that " a direct line of in¬
dependent railway should be constructed, from some suitable
point on the Hudson river, opposite New York, to a like
point on the Delaware river, opposite Philadelphia."
In fact, they seem to agree in opinion with other eminent
jurists, that it would be a violation of faith to charter, not
only a road having for its open object the transportation of
freight and passengers between the cities of New York and
Philadelphia, but also a so-called local road which should be
in reality intended for the same purpose, that the State
" should not do indirectly what it cannot do openly and hon¬
orably."
Whether roads can be legally chartered that compete in
the local business merely of the Joint Companies, is an
abstract question, about which there may be much difference
of opinion. As a practical question, however, it has no value.
Whatever may be their legal rights, the Joint Companies, so
far from opposing the construction of roads really local, have
aided them in every way in their power. All this has been
BO
fully shown. It has only been when these "local roads"
have been endeavored to be wrested from their legitimate
purpose, that objections have been made. In so acting, they
fulfilled, not only their duty to their stockholders, but to
every tax payer in the State.
This gigantic scheme of free log rolling, under the clap¬
trap title of "free roads," having thus been shown to be a
part of a plan to obtain the charter of a road from New York
to Philadelphia, let us examine into
ITS PARENTAGE AND WHAT WOULD BE ITS LEGITIMATE RESULTS.
The New Jersey Railroad and Transportation Company is
the corporation that has stepped forward not only to save the
State from the grasp of an " unscrupulous monopoly," but
also to extend the blessings of local roads to districts now
destitute of them. But before the public can consent to re¬
ceive that corporation as its natural protector, it certainly
has the right to examine into its past history.
What is this New Jersey road ? Who own it ? By whom
controlled ? What other companies does it embrace ? Have
they any monopoly privileges in their charters ? What are
the main features of such privileges ? How exercised ? Has
this corporation. supplied the sections through which their
road runs with those local "free roads" to which they are
entitled by their position ? Have they been generally broad
and liberal in their local policy, or narrow and contracted ?
All these are pertinent questions, to be well considered
before the claim of this corporation to be the " Protector of
the Commonwealth" can be allowed. Let us give them a
brief examination.
n -I
Ol
The New Jersey Company is a Corporation chartered by
the State for the purpose of building a road from Jersey
City to New Brunswick. The stock was originally owned
almost entirely by citizens of New York, and, as we have rea¬
son to believe, is still in the same position. Now, while no *
invidious distinction should be made, between our own citizens
and those of a neighboring State, yet that fact should be well
weighed and taken into account when, leaving on one side
their own peculiarly legitimate duties, they arrogate to
themselves the privilege of changing our State policy.
Although built as a local road, this New Jersey Boad has
for many years been part of the through line of railroad com¬
munication between the cities of New York and Philadelphia;
and, while not a party to the contract between the State and
the Joint Companies, and not having paid one dollar therefor
to the State, has long enjoyed the advantages of that very
contract which it now denounces.
Although apparently but a simple railroad corporation,
built for local purposes, it controls, in addition, tke following
companies:—
"The Associates of the Jersey Company."
" The proprietors of the Bridges over the rivers Passaic
and Hack en sack."
" The proprietors of the New Brunswick Bridge."
"The Newark Turnpike Company."
" The Essex and Middlesex Turnpike Company."
"The Jersey City and Bergen Railroad Company."
"The Newark Plank Road and Ferry Company."
The first three, possessing monopoly privileges of a most
extraordinary character, are close corporations, while the re¬
mainder have liberal charters.
32
The associates of the Jersey Company assume to own the
monopoly of all the ferry rights along the wThole front of
Jersey City, together with all water privileges connected
with that front. In exercising these vast privileges, their
policy has been far. from liberal. The immense business from
Jersey City and the surrounding country requires ferry out¬
lets to New York from several different points/- In order,
however, to save a slight expenditure, the Company have
forced the whole< business to one place, and the accommoda¬
tions are consequently restricted and entirely inadequate to
the business. Long trains of vehicles may be daily seen,
waiting an opportunity to cross, at this their only point of
access to New York. Instead of adding one ferry boat, as
they have recently done, the public necessities imperatively
require another complete ferry at some other point, with a
new and complete equipment of boats, landings and ferry sta¬
tions.
As the controllers of the other companies above mentioned,
their effort^ have been mainly directed to receive the greatest
amount of money with the smallest possible outlay. Their
tolls for vehicles on their turnpikes and bridges have been
excessive—in many cases virtually prohibitory; and this,
with the apparent design of forcing the traveling public from
off their turnpikes, and thus compel the use of their railroad.
Let us now see
«
WIIAT HAS BEEN THE MANAGEMENT OF THEIR OWN ROAD
PROPER, VIZ : THE NEW JERSEY RAILROAD.
The State having granted this Company large privileges,
and consequently made them prosperous, it was but right
03
that the Company should endeavor to cause the people of the
immediate localities through which their road runs to share
in their prosperity. These districts are the most wealthy and
populous in the State. Lateral roads, or "free roads," con¬
necting with the New Jersey Load, would not only largely
add to their prosperity, but are actually essential to their fu¬
ture growth.
This New Jersey Company having lately shown so great
an interest in the railroads of Atlantic and Cape May coun¬
ties, it might be well inferred that they were directing their
attention to these far-off distant counties, simply in conse¬
quence of their own districts being all abundantly supplied.
The question would naturally arise: by what works have they
shown their faith in their new creed of " free roads ?"
How many " local roads "—" free roads "—have they
built, and what is the aggregate combined length ?
The answer is not difficult. The computation a simple one.
Not one foot!
It is true that they have aided in the construction of the
Millstone road, of six miles in length. But this road is in
fact neither a lateral or local road; it is simply an extension
of the New Jersey Road in the direction of the Delaware
river, designed and built to aid the present scheme of getting
across the river.
In vain have they been importuned to build " free roads "
to points near their line, and which are, naturally, from their
location, dependent upon this New Jersey Railroad. Belle¬
ville, Berth Amboy, Woodbridge, Hoboken, and other points,
require railroads, and it is not only the legitimate province
of the New Jersey Road, but its bounden duty, to assist in
their construction. But they have not done so. Thus, while
3
Z'i
failing to take that broad, liberal view of the obligations to
tlieir sections and the public that the liberal policy of the
State virtually entailed upon them, they have allowed their
own immediate localities to suffer for the want of railroad fa¬
cilities.
It has been shown above how different has been the policy
of the Joint Companies, the one aiding in the construction of
not one mile of local road proper, the other in more than one
hundred miles.
And yet it is this New Jersey road—combining more monopo¬
lies probably than the world ever before saw, whose pretensions
and exactions have been most monstrous, whose illiberal and
narrow management of its monopolies have excited prejudices
against all exclusive rights—this is the company that assumes to
be the exponent of " free roads." Can absurdity go farther ?
In this connection let us note a remark that Mr. Jackson
*
makes. While speaking of the contract made between the
Joint Companies and the State, he says, "againstits creation
and of all other monopolies, my uniform votes in the Legisla¬
ture and my best efforts there and elseivliere have been inva¬
riably given." This being the case, it should surely redound
to his credit that, having gone in and out among these mono¬
polies owned by the New Jersey Road, for over twenty years,
he should still come out from this fiery ordeal with not even
the smell of smoke upon his garments.
The next point to be considered is
TIIE RESULTS TO TIIE STATE OF THE SUCCESS OF THIS SCHEME
OF FREE LOG-ROLLING.
What would be the effect on the actual local roads required ?
35
It having been shown that the scheme would not extend them,
it is well to consider if it would not have a tendency to im¬
pede them. It is evident that, if the local roads cannot be
built by the actual residents, then they must look for aid and
• •
assistance elsewhere.
The Joint Companies have built already over one hundred
miles, and are engaged in the construction of fifty more,
which is fair evidence that they have not abandoned their
policy of fostering local interests.
It is the interest of all sections desiring local accommoda¬
tion to protect the vested rights of a company which has al¬
ways pursued so liberal a policy, and to frown down the at¬
tempts of a corporation who are, for selfish purposes, endea¬
voring to sacrifice local interests while pretending to uphold
them.
If this is done, it is reasonable to suppose that these very
districts, through which these paper roads are marked, will
have roads of iron.
But if harassed by constant attacks upon their rights and
property, the Joint Companies could not reasonably be cen¬
sured if they modified their policy. How clearly, therefore,
is it the interest of all desiring a continuance of the present
policy, to give no aid or countenance to any log-rolling
scheme emanating from the New Jersey Boad.
But, aside from the local road interest, there are other rea¬
sons why the State should put its heel upon this scheme. In
the first place, they have obligated themselves so to do by
entering into a solemn contract. On the faith of that con¬
tract Iter citizens have invested their money. The property
of women and children, in many cases, has been placed in the
stock of these Companies. A breach of faith on the part of
26
the State—the taking away the property of these citizens,
would not affect-them only; they would not suffer alone. It
would give a blow to conitence that would react upon the
whole community.
last, and not least, comes up the question of revenue.
Is any tax-paying citizen of New Jersey prepared to change
the beneficent system under which he has so long lived and
prospered ? Looking at it as a mere tax question, would he
be willing to try a new system of finance and revenue ?
It is true, Mr. Jackson says, that the Joint Companies
would still have to pay the consideration, even if the property
for which it had been given should be wrested from them ;
but what does the law of the State say ?
The act in relation to the Joint Companies, passed March
16, 1851, says :—"Be it enacted by the Senate and General
Assembly of the State of New Jersey, that after the first day
of January, in the year eighteen hundred and sixty-nine, it
shall be lawful, without the consent of the Delaware and Rar-
itan Canal and the Camden and Amboy Railroad Companies,
to construct any railroad or railroads in this State for the
transportation of passengers and merchandise between the
cities of New York and Philadelphia, or to compete in busi¬
ness with the railroads of said Joint Companies, without
thereby in any wise impairing the right of the State to its
stock in the said Joint Companies, or either of them, or to the
dividends thereon or to the TRANSIT DUTIES which the
said Joint Companies are now required to pay the State."
The Legislature thus declaring that it should be lawful to
build another road between the cities of New York hnd Fhila-
'37
delphia after the year eighteen hundred and sixty-nine, with¬
out impairing the right of the State to its stocks, dividends,
and transit duties, at the same time also virtually declare
that it would not he lawful to build sueh road before that time,
and that these same stocks, dividends and transit duties would
all be forfeited.
But still farther. If such a road should be chartered at
the present time, it not being a " lawful" act, the State, in
addition to the loss of her revenues, would undoubtedly be
also liable for all losses sustained by the Joint Companies in
consequence of this breach of contract.
The plan, then, includes a bankrupt treasury, direct taxa¬
tion, protracted law suits, the stoppage of actual local roads,
and broken faith. Is New Jersey prepared to adopt it ?
As if a single element of folly and absurdity should not be
wanting, the time chosen to bring forward this notable
scheme is this very period of distress and apprehension we
are now passing through.
While every prudent man is retrenching, and while it is a
source of just congratulation among all classes of our citizens
that, whatever may be our political future, thanks to our
State policy we have neither State debt nor direct taxes to
embarrass our action—at this very time this speculative
scheme, involving immense expenditures and the abandon¬
ment of the State revenues, is introduced by citizens of
another State.
IIow fitting a climax to the other absurdities of these
pamphlets.