The Collapse of Capitalistic Government

APRIL, 1913

BY BROOKS ADAMS

I

A MARKED peculiarity of the present generation of Americans is its impatience of prolonged demands on the attention, especially if the subject be tedious, and this trait has made Theodore Roosevelt’s task as a ’Progressive’ much more difficult than it would have been a hundred years or so ago. No one can imagine that such papers as Hamilton, Madison, and Jay wrote for the New York local newspapers, could be printed by our daily press, or, if they were, that any one would read them, — least of all the lawyers, — and yet it is clear that Theodore Roosevelt’s idea is primarily constructive, much as General Washington’s was in 1787. Mr. Roosevelt’s trouble has been that his audience has demanded something akin to an emotional attack on the present distribution of property, while the opposition not only has refused to give him a hearing, but has met him by unfair, not to say ferocious, misrepresentation. Notwithstanding which I apprehend that, fundamentally, Mr. Roosevelt’s position is sound. The capitalistic domination of society, which has prevailed for rather more than two generations, has broken down, and men of the capitalistic type have apparently the alternative before them of adapting themselves to a new environment, or of being eliminated as every obsolete type has always been eliminated.

Were all other evidence lacking, the inference that radical changes are at hand might be deduced from the past. In the experience of the English-speaking race, about once in every three generations a social convulsion has occurred; and probably such catastrophies must continue to occur in order that laws and institutions may be adapted to physical growth. Human society is a living organism, working mechanically, like any other organism. It has members, a circulation, a nervous system, and a sort of skin or envelope, consisting of its laws and institutions. This skin, or envelope, however, does not expand automatically, as it would had Providence intended humanity to be peaceful, but is only fitted to new conditions by those painful and conscious efforts which we call revolutions. Usually these revolutions are warlike, but sometimes they are benign, as was the revolution over which General Washington, our first great ’Progressive,’ presided, when the rotting Confederation, under his guidance, was converted into a relatively excellent administrative system by the adoption of the Constitution.

Taken for all in all, I conceive General Washington to have been the greatest man of the eighteenth century, but to me his greatness chiefly consists in that balance of mind which enabled him to recognize when an old order had passed away, and to perceive how a new order could be best introduced. Joseph Story was ten years old in 1789 when the Constitution was adopted; his earliest impressions, therefore, were of the Confederation, and I know no better description of the interval just subsequent to the peace of 1783, than is contained in a few lines in his dissenting opinion in the Charles River Bridge Case: —

‘In order to entertain a just view of this subject, we must go back to that period of general bankruptcy, and distress and difficulty (1785). . . . The union of the States was crumbling into ruins, under the old Confederation. Agriculture, manufactures, and commerce were at their lowest ebb. There was infinite danger to all the States from local interests and jealousies, and from the apparent impossibility of a much longer adherence to that shadow of a government, the Continental Congress. And even four years afterwards, when every evil had been greatly aggravated, and civil war was added to other calamities, the Constitution of the United States was all but shipwrecked in passing through the state conventions.’ 1

This crisis, according to my computation, was the normal one of the third generation. Between 1688 and 1765 the British Empire had physically outgrown its legal envelope, and the consequence was a revolution. The thirteen American colonies, which formed the western section of the imperial mass, split from the core and drifted into chaos, beyond the constraint of existing law. Washington was, in his way, a large capitalist, but he was much more. He was not only a wealthy planter, but he was an engineer, a traveler, to an extent a manufacturer, a politician, and a soldier; and he saw that, as a conservative, he must be ‘Progressive’ and raise the law to a power high enough to constrain all these thirteen refractory units. For Washington understood that peace does not consist in talking platitudes at conferences, but in organizing a sovereignty strong enough to coerce its subjects.

The problem of constructing such a sovereignty was the problem which Washington solved, temporarily at least, without violence. He prevailed not only because of an intelligence and elevation of character which enabled him to comprehend, and to persuade others, that, to attain a common end, all must make sacrifices, but also because he was supported by a body of the most remarkable men whom America has ever produced; men who, although doubtless in a numerical minority, taking the country as a whole, by sheer weight of ability and energy achieved their purpose.

Yet even Washington and his adherents could not alter the limitations of the human mind. He could postpone, but he could not avert, the impact of conflicting social forces. In 1789 he compromised, but he did not determine the question of sovereignty. He eluded an impending conflict by introducing courts as political arbitrators, and the expedient worked more or less well until the tension reached a certain point. Then it broke down, and the question of sovereignty had to be settled in America, as elsewhere, on the field of battle. It was not decided until Appomattox. But the function of the courts in American life is a subject which should be considered apart. What is material, at present, is the phenomenon presented by the rise of the ‘Progressives’ with Mr. Roosevelt at their head, as interpreted in the light of history.

II

If the invention of gunpowder and printing in the fourteenth and fifteenth centuries presaged the Reformation of the sixteenth, and if the Industrial Revolution of the eighteenth was the forerunner of political revolutions throughout the Western World, we may well, after the mechanical and economic cataclysm of the nineteenth, cease wondering that twentieth-century society should be ‘Progressive,’ and busy ourselves instead with considering how far the social equilibrium which Washington established has been impaired, and, if it has been fatally impaired, what provision we have made, or can make, for our future safety.

Never since man first walked erect have his relations toward nature been so changed within the same space of time as they have been since Washington was elected President and the Parisian mob stormed the Bastille. Washington found the task of a readjustment heavy enough, but the civilization he knew was simple. When Washington lived, the fund of energy at man’s disposal had not very sensibly augmented since the fall of Rome. In the eighteenth, as in the fourth century, engineers had at command only animal power, and a little wind and water power, to which had been added, at the end of the Middle Ages, a low explosive. There was nothing in the daily life of his age which made the legal and administrative principles which had sufficed for Justinian insufficient for him. Twentieth-century society rests on a basis not different so much in degree, as in kind, from all that has gone before. Through applied science infinite forces have been domesticated, and the action of these infinite forces upon finite minds has been to create a tension, together with a social acceleration and concentration, not only unparalleled, but, apparently, without limit. Meanwhile our laws and institutions have remained, in substance, constant. I doubt if we have developed a single important administrative principle which would be novel to Napoleon, were he to live again, and I am quite sure we have no legal principle younger than Justinian.

As a result, society has been squeezed, as it were, from its rigid eighteenth-century legal shell, and has passed into a fourth dimension of space, where it performs its most important functions beyond the cognizance of the law, which remains in a space of but three dimensions. Washington encountered a somewhat analogous problem when dealing with the thirteen petty independent states, which had escaped from England; but his problem was relatively rudimentary. Taking the theory of sovereignty as it stood, he had only to apply it to communities. It was mainly a question of concentrating a sufficient amount of energy to enforce order in sovereign social units. The whole social detail remained unchanged. Our conditions would seem to imply a very considerable extension and specialization of the principle of sovereignty, together with a commensurate increment of energy. Also, the twentieth-century American problem is still further complicated by the envelope in which this highly volatilized society is theoretically contained. To attain his object, Washington introduced a written organic law, which of all things is the most inflexible. No other modern nation has to consider such an impediment.

Moneyed capital I take to be stored human energy, as a coal measure is stored solar energy; and moneyed capital, under the stress of modern life, has developed at once extreme fluidity, and an equivalent compressibility. Thus a small number of men can control it in enormous masses, and so it comes to pass that, in a community like the United States, a few men, or even, in certain emergencies, a single man, may become clothed with various of the attributes of sovereignty. Sovereign powers are powers so important that the community, in its corporate capacity, has, as society has centralized, usually found it necessary to monopolize them more or less absolutely, since their possession by private persons causes revolt. These powers, when vested in some official, as, for example, a king or emperor, have been held by him, in all Western countries at least, as a trust to be used for the common welfare. A breach of that trust has commonly been punished by deposition or death. It was upon a charge of breach of trust that Charles I, among other sovereigns, was tried and executed. In short, the relation of sovereign and subject has been based either upon consent and mutual obligation, or upon submission to a divine command; but, in either case, upon recognition of responsibility. Only the relation of master and slave implies the status of sovereign power vested in an unaccountable superior. Nevertheless, it is in a relation somewhat analogous to the latter, that the modern capitalist has been placed toward his fellow citizens, by the advances in applied science. An example or two will explain my meaning.

III

High among sovereign powers has always ranked the ownership and administration of highways. And it is evident why this should have been so. Movement is life, and the stoppage of movement is death, and the movement of every people flows along its highways. An invader has only to cut the communications of the invaded to paralyze him, as he would paralyze an animal by cutting his arteries or tendons. Accordingly, in all ages and all lands, down to the nineteenth century, nations even partially centralized have, in their corporate capacity, owned and cared for their highways, either directly or through accountable agents; and they have paid for them by direct taxes, as the Romans did, or else by tolls levied upon traffic, as many mediæval governments preferred to do. Either method answers its purpose, provided that the government recognizes its responsibility; and no government ever recognized this responsibility more fully than did the autocratic government of ancient Rome. So the absolute régime of eighteenth-century France recognized this responsibility when Louis XVI undertook to remedy the abuse of unequal taxation for the maintenance of the highways, by abolishing the corvée.

Toward the middle of the nineteenth century, the application, by science, of steam to locomotion, made railways a favorite speculation. Forthwith private capital acquired these highways, and because of the inelasticity of the old law, treated them as ordinary chattels, to be administered for the profit of the owner exclusively. It is true that railway companies posed as public agents when demanding the power to take private property; but when it came to charging for use of their ways, they claimed to be only private carriers, authorized to bargain as they pleased. Indeed, it came to be considered as a mark of efficient railroad management to extract the largest revenue possible from the people, along the lines of least resistance; that is, by taxing most heavily those individuals and localities which could least resist. And the claim by the railroads that they might do this as a matter of right was long upheld by the courts,2 nor have the judges even yet, after a generation of revolt and of legislation, altogether abandoned this doctrine.

The courts—reluctantly, it is true, and principally at the instigation of the railways themselves, who found the practice unprofitable—have latterly discountenanced discrimination as to persons, but they still uphold discrimination as to localities.3 Now among abuses of sovereign power, this is one of the most galling, for of all taxes the transportation tax is perhaps that which is most searching, most insidious, and, when misused, most destructive. The price paid for transportation is not so essential to the public welfare as its equality; for neither persons nor localities can prosper when the necessaries of life cost them more than they cost their competitors. In towns, no cup of water can be drunk, no crust of bread eaten, no garment worn, which has not paid the transportation tax, and the farmer’s crops must rot upon his land, if other farmers pay enough less than he to exclude him from markets toward which they all stand in a position otherwise equal. Yet this formidable power has been usurped by private persons who have used it purely selfishly, as no legitimate sovereign could have used it, and by persons who have indignantly denounced all attempts to hold them accountable, as an infringement of their constitutional rights. Obviously, capital cannot assume the position of an irresponsible sovereign, living in a sphere beyond the domain of law, without inviting the fate which has awaited all sovereigns who have denied or abused their trust.

The operation of the New York Clearing House is another example of the acquisition of sovereign power by irresponsible private persons. Primarily, of course, a clearing house is an innocent institution occupied with adjusting balances between banks, and has no relation to the volume of the currency. Furthermore, among all highly centralized nations, the regulation of the currency is one of the most jealously guarded of the prerogatives of sovereignty, because all values hinge upon the relation which the volume of the currency bears to the volume of trade. Yet, as everybody knows, in moments of financial panic, the handful of financiers who, directly or indirectly, govern the Clearing House, have it in their power either to expand or to contract the currency, by issuing or by withdrawing Clearing House certificates, more effectually perhaps than if they controlled the Treasury of the United States. Nor does this power, vast as it is, at all represent the supremacy which a few bankers enjoy over values, because of their facilities for manipulating the currency and, with the currency, credit, — facilities which are used or abused entirely beyond the reach of the law.

Bankers, at their conventions and through the press, are wont to denounce the American monetary system, and without doubt all that they say, and much more that they do not say, is true; and yet I should suppose that there can be little doubt that American financiers might, since the panic of 1893, have obtained from Congress, at most sessions, very reasonable legislation, had they, first, agreed upon the reforms they demanded, and, secondly, manifested their readiness, as a condition precedent to such reforms, to submit to effective government supervision in those departments of their business which relate to the inflation or depression of values. They have shown little inclination to submit to restraint in these particulars, nor, perhaps, is their reluctance surprising, for the possession by a very small favored class of the unquestioned privilege, at recurring intervals, of subjecting the debtor class to such pressure as the creditor may think necessary, in order to force the debtor to surrender his property to the creditor at the creditor’s price, is a wonder beside which Aladdin’s lamp burns dim.

As I have already remarked, I apprehend that sovereignty is a variable quantity of administrative energy, which, in civilizations which we call advancing, tends to accumulate with a rapidity proportionate to the acceleration of movement. That is to say, the community, as it consolidates, finds it essential to its safety to withdraw, more or less completely, from individuals, and to monopolize, more or less strictly, itself, a great variety of functions. At one stage of civilization the head of the family administers justice, maintains an armed force for war or police, wages war, makes treaties of peace, coins money, and, not infrequently, wears a crown, usually of a form to indicate his importance in a hierarchy. At a later stage of civilization, companies of traders play a great part. Such aggregations of private and irresponsible adventurers have invaded and conquered empires, founded colonies, and administered justice to millions of human beings. In our own time, we have seen many of the functions of these and similar private companies assumed by the sovereign. We have seen the East India Company absorbed by the British Parliament; we have seen railways, and telephone and telegraph companies, taken into possession, very generally, by the most progressive governments of the world; and now we have come to the necessity of dealing with the domestic-trade monopoly, because trade has fallen into monopoly through the centralization of capital in a constantly contracting circle of ownership.

IV

Among innumerable kinds of monopolies none have been more troublesome than trade monopolies, especially those which control the price of the necessaries of life; for, so far as I know, no people, approximately free, has long endured such monopolies patiently. Nor could they well have done so without constraint by overpowering physical force, for the possession of a monopoly of a necessary of life by an individual, or by a small privileged class, is tantamount to investing a minority, contemptible alike in numbers and in physical force, with an arbitrary and unlimited power to tax the majority, not for public, but for private purposes. Therefore it has not infrequently happened that persistence in adhering to and in enforcing such monopolies has led, first, to attempts at regulation, and, these attempts failing, to confiscation, and sometimes to the proscription of the owners. An example of such a phenomenon occurs to me which, just now, seems apposite.

In the earlier Middle Ages, before gunpowder made fortified houses untenable when attacked by the sovereign, the highways were so dangerous that trade and manufactures could survive only in walled towns. An unarmed urban population had to buy its privileges, and to pay for these a syndicate grew up in each town, which became responsible for the town form, or tax, and, in return, collected what part of the municipal expenses it could from the poorer inhabitants. These syndicates (called guilds), as a means of raising money, regulated trade and fixed prices, and they succeeded in fixing prices because they could prevent competition within the walls. Presently, complaints became rife of guild oppression, and the courts had to entertain these complaints from the outset, to keep some semblance of order; but at length the turmoil passed beyond the reach of the courts, and Parliament intervened. Parliament not only enacted a series of statutes regulating prices in towns, but supervised guild membership, requiring trading companies to receive new members upon what Parliament considered to be reasonable terms. Nevertheless, friction continued.

With advances in science, artillery improved, and, as artillery improved, the police strengthened until the king could arrest whom he pleased. Then the country grew safe and manufacturers migrated from the walled and heavily taxed towns to the cheap, open villages, and from thence undersold the guilds. As the area of competition broadened, so the guilds weakened, until, under Edward VI, being no longer able to defend themselves, they were ruthlessly and savagely plundered; and fifty years later the Court of King’s Bench gravely held that a royal grant of a monopoly had always been bad at common law.4

Though the Court’s law proved to be good, since it has stood, its history was fantastic; for the trade-guild was the offspring of trade monopoly, and a trade monopoly had for centuries been granted habitually by the feudal landlord to his tenants, and indeed was the only means by which an urban population could finance its military expenditure. Then, in due course, the Crown tried to establish its exclusive right to grant monopolies, and finally Parliament—or King, Lords, and Commons combined, being the whole nation in its corporate capacity—appropriated this monopoly of monopolies as its exclusive prerogative. And with Parliament this monopoly has ever since remained.

In fine, monopolies, or competition in trade, appear to be recurrent social phases which depend upon the ratio which the mass and the fluidity of capital, or, in other words, its energy, bears to the area within which competition is possible. In the Middle Ages, when the town walls bounded that area, or when, at most, it was restricted to a few lines of communication between defensible points garrisoned by the monopolists, — as were the Staple towns of England which carried on the wool trade with the British fortified counting-houses in Flanders, — a small quantity of sluggish capital sufficed. But as police improved, and the area of competition broadened faster than capital accumulated and quickened, the competitive phase dawned, whose advent is marked by Darcy v. Allein, decided in the year 1600. Finally, the issue between monopoly and free trade was fought out in the American Revolution, for the measure which precipitated hostilities was the effort of England to impose her monopoly of the Eastern trade upon America. The Boston Tea Party occurred on December 16, 1773. Then came the heyday of competition with the acceptance of the theories of Adam Smith, and the political domination in England, towards 1840, of the Manchester school of political economy.

About forty years since, in America at least, the tide would appear once more to have turned. I fix the moment of flux, as I am apt to do, by a lawsuit. This suit was the Morris Run Coal Company v. Barclay Coal Company,5 which is the first modern antimonopoly litigation that I have met with in the United States. It was decided in Pennsylvania in 1871; and since 1871, while the area within which competition is possible has been kept constant by the tariff, capital has accumulated and has been concentrated and volatilized until, within this Republic, substantially all prices are fixed by a vast moneyed mass. This mass, obeying what amounts to being a single volition, has its heart in Wall Street, and pervades every corner of the Union. No matter what price is in question, whether it be the price of meat, or coal, or cotton cloth, or of railway transportation, or of insurance, or of discounts, the inquirer will find the price to be, in essence, a monopoly or fixed price; and if he will follow his investigation to the end, he will also find that the first cause in the complex chain of cause and effect which created the monopoly is that mysterious energy which is enthroned on the Hudson.

The presence of monopolistic prices in trade is not always a result of conscious agreement; more frequently, perhaps, it is automatic, and is an effect of the concentration of capital to a point where competition ceases, as when all the capital engaged in a trade belongs to a single owner. Supposing ownership to be enough restricted, combination is easier and more profitable than competition; therefore combination, conscious or unconscious, supplants competition. The inference from the evidence is that, in the United Stat es, capital has reached, or is rapidly reaching, this point of concentration; and if this be true, competition cannot be enforced by legislation. But, assuming that competition could still he enforced by law, the only effect would be to make the mass of capital more homogeneous by eliminating still further such of the weaker capitalists as have survived. Ultimately, all the present phenomena would be intensified; nor would free trade, probably, have more than a very transitory effect. In no department of trade is competition freer than in the Atlantic passenger service, and yet in no trade is there a stricter monopoly price.

The same acceleration of the social movement which has caused this centralization of capital has caused the centralization of another form of human energy, which is its negative: labor unions organize labor as a monopoly. Labor protests against the irresponsible sovereignty of capital, as men have always protested against irresponsible sovereignty, declaring that the capitalistic social system, as it now exists, is a form of slavery. Very logically, therefore, the abler and bolder labor agitators proclaim that labor levies actual war against society, and that in that war there can be no truce until irresponsible capital has capitulated. Also, in labor’s methods of warfare the same phenomena appear as in the autocracy of capital. Labor attacks capitalistic society by methods beyond the purview of the law, and may, at any moment, shatter the social system; while, under our laws and institutions, society is helpless.

V

Few persons, I should imagine, who reflect on these phenomena, fail to admit to themselves, whatever they may say publicly, that present social conditions are unsatisfactory, and I take the cause of the stress to be that which I have stated. We have extended the range of applied science until we daily use infinite forces, and those forces must, apparently, disrupt our society, unless we can raise the laws and institutions which hold society together to an energy and efficiency commensurate to them. How much vigor and ability would be required to accomplish such a work may be measured by the experience of Washington, who barely prevailed in his relatively simple task, surrounded by a generation of extraordinary men, and with the capitalistic class of America behind him. Without the capitalistic class he must have failed. Therefore one momentous problem of the future is the attitude which capital will assume in this emergency.

That some of the most sagacious of the capitalistic class have preserved that instinct of self-preservation which was so conspicuous among men of the type of Washington, is apparent from the position taken by the management of the United States Steel Corporation, and by the Republican minority of the Congressional committee which recently investigated that corporation; but whether such men very strongly influence the class to which they belong is not clear. If they do not, much improvement in existing conditions can hardly be anticipated.

If capital insists upon continuing to exercise sovereign powers, without accepting responsibility as for a trust, the revolt against society must probably continue, and can be dealt with, as all servile revolts must be dealt with, only by physical force. I doubt, however, if even the most ardent and optimistic of capitalists would care to speculate deeply upon the stability of any government that capital might organize, which rested on the fundamental principle that the American people must be ruled by an army. On the other hand any government to be effective must be strong. It is futile to talk of keeping peace in labor disputes by compulsory arbitration, if the government has not the power to command obedience to its arbitrators’ decree; but a government able to constrain a couple of hundred thousand discontented railway employees to work against their will, will differ considerably from the one we have. Nor is it possible to imagine that labor will ever yield peaceful obedience to such constraint, unless capital makes equivalent concessions, — unless, perhaps, among other things, capital consents to erect tribunals which shall offer relief to any citizen who can show himself to be oppressed by the monopolistic price. In fine, a government, to promise stability in the future, must apparently be so much more powerful than any private interest, that all men will stand equal before its tribunals; and these tribunals must be flexible enough to reach those categories of activity which now lie beyond legal jurisdiction.

If it be objected to my argument that the American people are incapable of an effort so prodigious, I readily admit that this may be true, but I also contend that the objection is beside the issue. What the American people can or cannot do is a matter of opinion, but that social changes are imminent appears to be certain. Although these changes cannot be prevented, possibly they may, to a degree, be guided, as Washington guided the changes of 1789. To resist them perversely, as they were resisted at the Chicago Convention, can only make the catastrophe, when it comes, as overwhelming as was the last defeat of the Republican party.

Very largely because of the stubbornly reactionary attitude of the class which should be the most intelligent and flexible, the ‘Progressives,’ with Mr. Roosevelt swept onward at their head, are drifting into a movement which evidently will be disintegrating and not constructive, and our society cannot be much further volatilized without resolving into chaos. Life is tolerable under any form of orderly government. Amid disorder it becomes intolerable. Also, amid disorder, capital perishes first. Therefore, if these premises be sound, capital has come to the parting of the ways. If it be true, as the ordinary phenomena of our daily life seem to demonstrate, that capitalists can no longer control our society as of old, while enjoying their old immunities, because, as society increases in complexity and gathers momentum, money, when expended in certain directions, is losing its purchasing power, then capitalists must seek some other than the present status if they are to maintain themselves.

Apparently the alternative offered is an absolute equality before the law, or social warfare beyond the law; and I should suppose that, as between the two, the warfare would be the more objectionable. Indeed, it might occur, even to some optimists, that capital would be fortunate were it able to secure its safety for another fifty years, on terms as favorable as these. There may be doubt, if it continue to tempt its fate as recklessly in the future as in the recent past, whether any equilibrium approximating to stability can be attained. There are plenty of dissolving societies to be observed in regions not far distant.

Accordingly, I incline to the opinion that the social problem of the immediate future resolves itself into the maintenance of order, and order is only another form of words for expressing the notion of competent sovereignty. But, I apprehend that, under modern conditions, no sovereignty can be competent, which is not so powerful that all private interests, great and small, shall be equal before it. Privileged persons must cease from using the functions of the sovereign for the purpose of enriching themselves.

Furthermore, it is clear that, if so potent a sovereignty is to be created, it must be administered by men of a very different type from that which capitalists have selected to represent them in official positions for at least a generation back. What that type shall be is immaterial, provided it be a type which can command obedience. Personally, I shall think the rising generation lucky if it can find men of the type of Mr. Roosevelt to protect it, but, if capital objects to Mr. Roosevelt the field of choice is open. Capital has only to produce some champion who can do what Mr. Roosevelt appears to be able to do, but it must develop a certain minimum of energy at its peril. So much promises to be a mechanical necessity.

Nor is this all. I take it that a preliminary concession must be made. Before Mr. Roosevelt, or any one else, can even begin the work of construction, the ground must be so cleared that construction shall be possible, and Mr. Roosevelt’s political instinct never guided him more truly than when it led him to lay his finger upon the anomalous position now held by our courts, as the most vulnerable spot in our social system. All the genius of Washington and Hamilton, Jefferson and Marshall, singly or combined, could they live again, would avail nothing to deal with a condition which is irreconcilable with the first principles of administration, unless we are to sacrifice the fundamental principle of order. I have conversed with few intelligent foreigners, who have observed our institutions attentively, to whom this proposition does not seem self-evident, and it is for this reason that foreign nations have been indisposed to adopt our system. Many, or indeed probably most, conservative Americans would regard this thesis which I present as paradoxical, but I am disposed to believe that, if they would but cast aside prejudice and calmly examine what is passing before their eyes in the light of history and universal experience, they would modify their opinion.

  1. Charles River Bridge v. Warren Bridge, 11 Peters, 608, 609.
  2. Fitchburg R. R. v. Gage, 12 Gray, 393, and innumerable cases following it.
  3. See the decisions of the Commerce Court on the Long and Short-Haul Clause. Atchison, T. & S. F. Ry. v. United States, 191 Federal Rep., 856.
  4. Darcy v. Allein, 11 Rep. 84.
  5. 68 Pa. 173.