MEinORIAL AWD REMOASTRAACE,
Of the Delaware and Raritan Canal Company, and the
Camden and Amboy Rail Road c id Transportation
Company.
To the Honorable Eegislature of the State of
Aew-Jersey :
Your Memorialists present their humble remonstrance
against the passage of a Bill now before the Assembly, en¬
titled, An Act relative to the President and Directors of
the Trenton and New-Brunswick Turnpike Company-" In
the opinion of your Memorialists, that Bill, if passed into a
law, will enable the New-Brunswick Turnpike Company,
not only to evade the duties imposed upon them by their
charier, but to defeat the object for which they were incor¬
porated. It will, also, violate laws of this State which have
been passed since that Turnpike was made. The effect of
which will be to destroy a large amount of the public reve¬
nue, and to injure,.to a great extent, the property of indivi¬
duals invested under the sanction of these laws, and the
plighted faith of your predecessors. .
In the year 1804, the Legislature of New-Jersey passed
'he Act to incorporate the Trenton and New-Brunswick
Turnpike Company. This Act authorised the construction
sf a " Turnpike Road" in the usual manner, and with the
materials, gravel and stone, at that time universally used for
ithat purpose. The Legislature intended this, and no more;
and the provisions of the Act regulating tolls, and the for¬
mation and construction of the Road, also show that such
was the intention of the law. The original owners of the
road, and the Commissioners so considered it, and every
stockholder, till recently, acquiesced in the same opinion.
The citizens of our own State, who vve.-e compelled to part
with their land to that Company, so considered it ; and the
actual construction of the road, and its uniform use for a
period of nearly thirty years, leaves not a doubt on this
2
point—for there has been no attempt to change the material,
or the construction, or to convert it into a rail road, although
rail roads have been in use for many years. The Legisla¬
ture intended that that Company should make such a road
as would enable the farmers to carry their produce to mar¬
ket, and would secure safety to every description of vehicle
then in use. The road was designed as much for the conve¬
nience of the inhabitants of that district of country, as for
the transportation of passengers in public stages. Can it be
doubted that such is the legitimate use of the Turnpike
Road, and such the fair and commonly received constructiort
of the charter of that Company? But, for the sake of the
argument, we will suppose that they had an original right to
construct their road of any material and in any manner. It
is quite plain that their charter gave theni but ten years to
determine that point and to complete the Road. The words
of that instrument are these, which will be found in the 10th
section : " That if in ten years after the passing of this Act,
the said Road is not completed according to the provisions
herein contained, every part and clause thereof shall be null
and void." Now, surely, they will not—they cannot—(in
the face of a provision in their charter so plain) seriously
urge the right of a second choice after the lapse of twenty
years. Again—before the gates were erected on that road,
it was asserted, completed. Why limit them as to the time
in which it was to be constructed ? or why assert that it
was completed ? Certainly, that the Legislature might un¬
derstand what rights belonged to that Company ; and what
privileges might lawfully be given to others. Before the
time had elapsed, or the road was completed, it was impossi¬
ble, according to their present pretensions, to say what kind
of a charter would not have interfered with their vested
rights. But when the Road was asserted to be completed,
and the gates placed, they had most assuredly made their
election both as to material and construction; and their
right to choose, if ever, no longer existed. Your Memorial¬
ists are not desirous that this Company should be disturbed
in the enjoyment of their rights, or their privileges in the
least impaired.
3
We agree with them, that they are entitled to the same
protection of law, with all citizens. But then let application
be made to the law. If they have the right to lay rails on
their road, and convert it from a Turnpike Road to a Rail
Road, let them exert that right—and not apply to the Legis¬
lature for a supplement to their law—and thus bring to
their assistance what they would call Legislative construc¬
tion of their chartered rights. The Tourts, and not the Le¬
gislature, is the proper tribunal to settle such disputes.
It may yet be asked, why then has the Turnpike Company
applied to the Legislature for a supplement to their charter?
The answer is obvious; because they know that they have
not, in their present charter, any such power as they seek.
They ask an extension of their chartered powers. They
wish the additional privilege of extending their road, laying
down rails, using locomotive engines, regulating the time
of starting, and the speed of travelling, and increasing the
amount of tolls charged for the use of their Road.
It is against this request we beg leave to remonstrate, and
to express our earnest wish, that nothing will be done which
may prevent the safe and general use of that Turnpike Road,
now become a public thoroughfare for our farmers and
other citizens. Besides, we remonstrate against the grant
of their request, because we respectfully submit to your
Honorable Body, that it would impair and violate the vested
rights of your iMemorialists.
In 1830, above twenty-six years after the Turnpike was
made, the Legislature of New Jersey incorporated two
Companies. One was authorised to construct a Canal, con¬
necting the rivers Delaware and Raritan ; the other was em¬
powered to make a Rail Road from Camden to Amboy. Vari¬
ous supplementsto these acts of incorporation have since been
passed. These different laws met with no opposition or re¬
monstrance from the New Brunswick Turnpike Company;
and if these laws were not approved of by that Company,
they were certainly acquiesced in. How then can they just¬
ly complain of them, as an interference with their original
rights under their charter ? Was it not their duty to assert
their rights at the time these laws were before the Legisla-
4
lare, and not to wait till their fellow-citizens have embarked
their money in the other public improvements; and thus re¬
lying on the faith of the State, and the acquiescence of this
and all other companies, have expended millions of dollars.
The truth is, that the stockholders of the Turnpike Company
were perfectly satisfied, as long as they were Jerseymen. A
majority of that stock fell within the control of the Trenton
and Philadelphia Rail Road Company; and at once new and
foreign notions of the powers of the Turnpike Company are
entertained and published. The grant to make the Rail
Road from Philadelphia to Trenton was made after the loca¬
tion of the Canal and Rail Road of your Memorialists.—
The persons engaged in that speculation, after an effort or
two abandoned the presumptuous hope that New Jersey
would violate her faith by granting them a law authorising a
Rail Road from Trenton to New Brunswick. The only
alternative left, was to secure a majority of the stock of tha
Trenton and New Brunswick Turnpike Road. The Phila¬
delphia Rail Road was commenced and made with a full
knowledge of the rights of your Memorialists. May we not
then say, that that Company are attempting to do by indirect
means what they dread to try by direct means? They have
purchased the Turnpike stock, and they have employed
foreign newspaper writers to abuse the Legislature. They
attribute " vice and imhecilily" to ourpuUic Councils, and
thus attempt to dragoon her citizens out of their just and le¬
gal rights. They have not only endeavored to evade the
laws, but have absolutely denied the right of the Legislature
of this State to pass such laws. They have attempted to
raise a foreign party, who, in conjunction with a few of our
own citizens, are making war upon the sovereignty of the
State. Foreign lawyers in their employment have had tha
hardihood to dictate to the people of New Jersey, what they
ought to do in regard to their action on State matters. The
fact is, that foreigners have taken New Jersey under their
own keeping. They have had recourse to all sorts of
schemes. First, they attack the sovereign power of tha
State, and obtain an opinion denying the right of the Legisla¬
ture to pass the laws protecting your Memorialists. This»
5
however, was so barefaced, so flagrant an altempt to control
State rights, that the opinion was received every where with
ridicule and reprobation. They soon abandoned that ground,
and fell into the opposite estreme. Mr. Kent and Webster,
employed by them, declined to sustain Mr. Taney's opinion,
but on the other hand abandoned it as untenable—they ex¬
pressly contend for the right of protection. For they say in
their published opinion, that the application of the Turnpike
Company " to place iron rails and cars upon their Turnpike,
has every claim to be treated benignly," and this too on the
principle of protection. Here then is the principle not only
of protection, but constructive protection, recognised in its
full extent—and by the very men who a few days since de¬
nied, (and may again) to the Legislature the right to grant
a protection in terms. Having exhausted the ingenuity of
their counsel, and brought them to a direct contradiction—
and having scrutinized our laws in vain for some pretext to
disturb the present state of things, they next resort to decla¬
mation, and have rung all the changes on the word " monopo¬
ly," till few believe in their sincerity, and no one that they re¬
gard any thing but the safety of their own speculation.
The charge of monopoly your memorialists would respect¬
fully suggest, is put to rest by the proposal made to the State
by Captain R. F. Stockton, in his address to the people of N.
Jersey, which was published by order of your memorialists,
and a copy of which they beg herewith to present to the
Legislature. And would only add on this point, that every
member of the Direction is opposed to monopoly. Our motto
is—" State Rights are no Monopoly."
Our opponents have endeavored to make it appear that it
is indispensable to the continuity of a Rail Road through
New Jersey, that the Legislature should allow them to lay
railson the straight Turnpike—and they insist and wish the
public to believe, that such a route would be the shortest and
the most convenient between the cities of New York and
Philadelphia, as well as best for the interest of New Jersey.
We however insist, that in these particulars, our opponents
have fallen into great errors. In the first place, the distance
by the Camden and Amboy route is the shortest, as will ap-
6
pear by the measurement of the Engineers, their assertion to
the contrary notwilhslanding. They have not only spoken
of their distances, but have published them to the world—
and by reference to that map and publication, it will be seen
that they have put the distance from Philadelphia to the
Trenton Bridge, at 26f miles. We have taken the trouble
to have that distance measured ; and by the accompanying
certificate, you will perceive that from the Trenton Bridge
to Market-street, the distance is 28 miles and 75-lOOihs. It
is 26 miles to the present termination of their road. We select¬
ed that part of the route as most liberal to them, because the
road was made and no doubt often measured by themselves.
Ilavinof detected them in an error of two miles in that
O
short distance, and on that part of the line, added to their
other indirect courses, may we not say that the whole scheme
is one of speculation. Again, it is known to all who have
enquired into this matter, that it frequently happens during
the winter, that vessels or boats cannot pass from New-York
to the New-Jersey shore, when the passage from New-York
to Amboy is uninterrupted.
There has not been a single trip between New-York and
Amboy lost by the boats of the Companies in consequence of
the ice; and it was no uncommon thing, before the mail was
carried on our Road, tiiat persons leaving Philadelphia in
the morning by the Camden and Amboy route, have reached
the city of New-York before the passengers who had left
Philadelphia the day previous in the mail, but who had been
detained at Jersey City by the ice in the North River. Cer¬
tainly such facts must satisfy every candid person of the su¬
periority of the Camden and Amboy route at the New-York
end of the line; and so it will be found to be at the Phila¬
delphia end. When the Bridge connecting the New-Jersey
shore with Wind-Mill Island is completed, it will bring the
termination of the Camden Road within 309 yards of
Chestnut Street Wharf, and that short distance can be
kept open at all times. Now, if the Philadelphia and Tren¬
ton Rail Road should ever be taken to the City, that Com¬
pany cannot, of course, use locomotive engines within the
bounds of the City. From this cause, and the difficulties of
7
collecting their passengers, and other unavoidable delays, it
does appear plain, that, by Chestnut Street Wharf, will be
found to be the most agreeable and most expeditious way to
go from Philadelphia to New-York.
As to the continuity of line through New-Jersey, it will
be seen, by looking at the Map now presented, that the Cam¬
den and Amboy Road runs nearly parallel with the straight
Turnpike, and at no point is it more than seven miles distant
from that Road. The Camden and Amboy Road goes direct
to New-Brunswick, where it will be united with the New-
Jersey Rail Road, extending to Jersey City, opposite to New-
York. Thus it is quite manifest, that even on the ground of
" continuity of line through New-Jerseythe Camden and
Amboy Road has every claim to preference; it runs through
a much largei- portion of our own territory than it could on
any other line, and not subject to the delays that must attend
the traveller on the other route. Much has been said and
written about the great interests of the United States as
well as of New-Jersey, that depend upon the connection of
the Philadelphia Kail Road with one on the Straight Turn¬
pike. To what we have already said of the superiority of
the Camden and Amboy route, it will be only necessary here
to add, that the United States Mail has never been carried
between the Cities of New-York and Philadelphia, with so
much punctuality and expedition, as since it has been taken
on our road. So much as to the interest of the United States.
As to the New-Jersey interest in this matter, it is all oppo¬
sed to that junction. By such a junction she will at one blow
compromit her faith and honor now unsullied, and at the
same time destroy her revenue. In truth, the only New-
Jersey interest that they can pretend, has in any manner been
overlooked in the construction of our road, is in the city of
Trenton and that district of country laying between that
place and New-Brunswick. All others are secured by the
law requiring a junction of the Rail Roads at New-Brunswick;
and yet the city of Trenton has shared largely in the advan¬
tages arising from these Public Improvements. The Canal,
the most splendid and fínished in the United States, passes
through its streets, and the Rail Road is not far from its bor-
8
ders. The property in that city, as well as on the whole
line of the Canal betvyeen Trenton and New-Brunswick, has
been enhanced in value. Thère is no just ground of com¬
plaint from that quarter, unless they are unwilling to spare
any thing to Camden, Burlington, Bordentown, Hightstown,
Spotswood, Amboy, and the other Towns through which our
road runs, as well as to their brethren living in the north and
west counties, whose principal advantages from these im¬
provements, arise from the increased revenue to the State
which will, undoubtedly, relieve them altogether from taxa¬
tion if devoted to that purpose.
In this view of the subject, your memorialists are entirely
at a loss to perceive, how a regard to the interests of the
United Stales, or to those of this state, or any other interest
(save that of u few speculators, who invested their money
with all these facts before them) can require the Legislature
of New-Jersey, to break her own laws, violate her plighted
faith, destroy her resources, and materially injure the pro¬
perty of her citizens embarked in a hazardous experiment for
her good, under her solemn pledge of protection from any
other Rail Road.
In view of the great interests and solemn obligations, that
are undoubtedly involved in the present system of Internal
Improvement, your memorialists do respectfully and earn¬
estly entreat the Legislature, to take such action on the mat¬
ter, as will at once put an end to the ill-founded hopes, of all
foreign speculators, relieve the State from the expense of at¬
tending to such applications, save your valuable time, and at
the same time, place the honor and interest of the State of
New-Jersey, as well asa large amount of the property of
your fellow citizens, on a basis, not hereafter to be disturbed
or questioned—and your memorialists will ever pray.
R. L. STEVENS, President of the Camden and
Amboy Rail Road and Transportation Company
R. F. STOCKTON, President of the Delaware and
Raritan Canal Company.
Bordentown, January 5, 1835.