PROCEEDINGS OF THE POLYTECHNIC ASSOCIATION. 367 



oents per mile; and the cost on the Harlem railway is greater, they keep- 

 ing their own horses. I estimate the cost of a steam omnibus at eleven 

 cents per mile, and of a steam car at eight or nine cents. I think there is 

 a general opinion that steam will be much cheaper than horses, even at the 

 speed allowable in cities; and that the reason it has not long ago been 

 introduced has been political rather than economical. At least, so far as I 

 have heard the objections of men in their management, they have been 

 mainly on the ground that the conditions of their grants prohibit their 

 using steam, and they have had no hope of getting those conditions altered 

 witlio»t enormous sacrifice of money, and principle, and character. I 

 know nothing of the justice of the charges of bribery that are current 

 against legislators and councilmen; but the belief that these charges are 

 just has discouraged men from attempting to introduce steam cars, and I 

 have myself been prevented from raising capital to build a steam omnibus, 

 by the refusal of a license either for an omnibus or a hackney coach. The 

 foundation of the financial difficulty is this political difficulty. It was so 

 in England. Not until within three years has there been an act of parlia- 

 ment to protect steam carriages against arbitrary tolls, and that bill limits 

 their speed to ten miles per hour in the country', and five miles in the cities, 

 Avhile horses may be driven at their highest speed — twelve or fourteen 

 miles per hour — the great advantage of steam is denied to it. Under such 

 discouragements capitalists have declined investments. Abundant capital 

 was subscribed, on condition that parliament should pass a bill to place 

 steam carriages on equality with horses; but the Lords rejected two bills 

 which the Commons had passed, and the matter was abandoned in 1835, 

 and not again agifated until 1858; and even then the meager relief was 

 not granted until the third year after it was asked. 



It has been supposed that we in this country are not at liberty to use 

 steam carriages without special leave. Street railways, whoso privileges 

 are special, cannot use steam until they have further privilege. Omnibuses 

 of any kind must have licenses; and it is now difficult to get licenses for 

 a new line. Hacks must be licensed ; and the license clerks, for want of 

 judgment, or supposed want of authority, may refuse to license steam; 

 but private carriages need no license, and may be run by steam, and there 

 is no law to hinder "them, unless it be the common law against nuisances; 

 and if this law is appealed to the complainant must prove that it is a 

 nuisance. It must be clearly shown that the consequence complained of 

 is not the result of imperfection that may be remedied, want of expertness 

 that practice may supply, or of fright of horses that proper training may 

 prevent. The distinction between English and American law and 

 that of despotisms, is that in despotisms the subject has no liberty but 

 that which is specially granted, but in free governments the subject or 

 citizen has entire liberty in all things, except there are specific laws 

 restricting it; and the court cannot stretch the law to make it reach a 

 case not yet legislated upon. Hence, if steam carriages are built by 

 individuals, or by clubs, and do not carry passengers or goods for hire, they 

 can be run as they are now in London. But without hire they may not 

 be deemed a good speculation, — so people view it; but I should be glad of 

 a chance to show the contrary to those who want wagons or carriages for 



