16   nnrommn.
it, inasmuch as ·the defendant has express power from congress to build the
. bridge. So that we are brought back to the question of the power of
congress to build the bridge, and whether that power is independent of
the consent and concurrence of the state government; And, in our judg-
_ment, this question must be answered in the affirmative.
' The power to regulate commerceamong the several states is given by
fthe constitution in the most general and absolute terms. The " power
to 1·egulate," as applied to a government, has a most extensive applica-
tion. With regard to commerce, it has been expressly held that it is not
confined to commercial transactions, but extends to seamen, ships, nav-
igation, and the appliances and facilities of commerce. And it must
‘ extend to these, or it cannot embrace the whole subject. Under this
`power, the navigation of rivers and harbors has been opened and im-
proved, and we have no doubt that canals and water-ways may be opened
, to connect navigable bays, harbors, and rivers with each other, or with
· the interior ofthe country. "Nor have we any doubt that, under the
same power, the means of commercial communication by land as well
as by water maybe opened up by congress between diiierent states, when- .
ever it shall see fit to do so, either on failure of the states to provide such
communication, or whenever, in the opinion of congress, increased fa-
‘ cilities of communication oughttto exist. Hitherto, itistrue, the means
. of commercial communication have been supplied, either by nature in
  the navigable waters of the country, or by the states in the construction
of roads, canals, and railroads, so that the functions of congress have not
been largely called into exercise under this branch of its jurisdiction and
power, except in the improvement of rivers and harbors, and the licens-
ing of bridges across navigable streams. But this is no proof that its
power does not extend to the whole subject in all its possible require-
ments. Indeed, it has been put forth in several notable instances, which
stand as strong arguments of practical construction given to the con-
stitution by the legislative department of the government. The Cumber-
land or National Road is one instance of a grand thoroughfare projected
- by congress, extending from the Potomac to the Mississippi. After be-
ingnearly completed, it was surrendered to the several states within
which it was situate. The system of Pacific railroads presents several
instances of `railroads constructed through or into different states, as' ’
Iowa, Kansas, and California. The main stem of the Union Pacino
commences at Council Blutis, in Iowa, and crosses the Missouri by a
_ bridge at that place erected under the authority of congress alone. In
1862, a bridge was authorized by congress to be constructed across the
Ohio river at Steubenville, between the states of Virginia and Ohio, to
be completed, maintained, and operated by the railroad company an-
thorized to build it, and by another company named, "anything in any
law or laws of the above-named states to the contrary notwithstanding."
· x12` St. 569. I ‘
' Still, it is contended that, although congress may have power to con-
’ struct roads and other means of communication between the states, yet
this can only be done with the concurrence and consent of the states in