Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-05-01

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tainIy gives no express power 70 .sa
purchase any of the places, destined ioi eil'
pses therein specified. The only power On
nressly given in this clause Is that Oh .Ae'.,
mo exclusive legislation IN sucn piaoes 'ae
,;@ht TO accept or purchase must De ocfi'eun.
;,,,n,;cation from this clause, OF II must NC
sbawn to be comprchended in or Incidental 10
some other powerexpressly delegated oy inc
constitution. | Shall now attempt TO shS"'
That according to the construction which HAS
been given to other parts OF this CONSTITUTIONS
Congress- has the right to incorporate Dahk
70 enable it to manage the tsca concerns u
the nation. If this can be done, ana IL can
,,so he sheHn that the correctness OF suCh
construction has never excited murlnur or
copb,ain:- it has not even been Questi-
oned. shall have accomplished every tnln5
which il will be incumbent on me to prove, to
Justify the passage Of the bill upon your table.
The mower to Law and collecttaxes, duties, I'M
posts and excuses, together with the power 10
p.ss all laws which may be necessary ana pro-
Der for carrying into effect the foregoing
bowers, when tested by the same rule OF con-
srruction which has been applied to other
parts Of the constitution, fairly invests Lon
cress with the power to create oanh' C"-
der the power to regulate commerce, ooh-
gress exercises the right Of building and sup
nortinr lieht houses. What do we UNDER
stand by regulating commerce! Where 40
YOU expect to find regulations ol commerce
viii aIiy man look for them any where else
than in your treaties with foreign nauons' ana
in YOUR statutes regulating your custom
houses ard custom house officers What are
the reasons for vesting Congress WIN inc
right to regulate commerce VITA foreign M
tons, and among the several states Inc
commerce of nation is matter OF the great
est importance in all civilized countries. II
depends upon compacts with other natons:
and whether they are beneficial Or rejudloiai
depends not so much on the reciprocal inter-
est ofnatiors as upon their capacity to defend
their rights and redress their wrongs. IL was
therefore highly important that ths right to
regulate commerce with foreign hauoiis
should be vested in the national govtrnmeEt.
# the regulation Of commerce among the Sc
verll states had been lett with the states:
multiplicity Of conflicting regulators ~on'!
have been the consequence. Endless coliisi-
cns wolid have been created, and that hlrn
nv and good neighborhood, SO essential BE-
tween the members Of federa. republic,
would have been wholly unattalnatbe. ne
best interest of the community therefore ln'-
periouslv required, that this power si1ouid DC
delegated to Congress. Not so OF light houses:
The interest of the states would have induced
them 10 erect light houses, where they were
necessary, s when erected they would nave
been equally benehcialto their own vesseis,thc
vessels oftheirsister states * OF foreign nations
The performance Of this duty could have
been most safely confided 70 the states iney
were better informed OF the situations III winch
they ought to be erected than congress could
possibly be. and could enforce the execution
of such regulations as might be necessary to
make them useful. How then has 1t happen
ed that congress has taken upon itself the
right to erect light houses, under their gene
raj power to regulate commerce! | have
heard and seen in the public prints great
deal of unihtell!gible jargon about the mel,
dcntaity Of law to the power delegated and
intended to be executed by 1t, and OF It's re-
lation to the end which is to be accomplished
by its exercise, which acknowledge do not
clearly and distinctly comprehend, and must
therefore, be excused from answering. l
speak now of the public newspapers to which !
arn compelled to resort to ascertain the OBJ |
iections which are made to this measure, as |
gentlemen have persevered in refusing to as !
sign the reasons which have induced them to |
oppose the passage of the bill. But, SIT,
can clearly comprehend that the right to e. |
rect light houses is not Incidental to the pow
er of regulating commerce, unless every !
thing is incidental TO that power which tends
to facilitate and promote the prosperity OF
commerce. tt, ccntended that under the
power to lay and collect taxes, lmPosts and
duties, YOU Can pass ali laws necessary tor
that purpose, but they must be laws to lay
and collect taxes, in,posts and dnties, and not
laws which tend to promote the collection OF
taxes. A law to erect light houses IS. no
more a law to regulate commerce, than
a law creating bank is law to collect taxes,
imposts and duties. But the erection of light
houses tends to facilitate and promote the Sc
curi,y and prosperity Of commerce, and In an
equal degree the erection of bank tends to
facilitate and ensure the collection, safe keep
inc ard transmission of your revenue 1t, by
-; .,,io of construction which is anDlled 10