Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-12

tSoh'P'ehehu, Navigation within its meaning; a1d
! a power TO regulate navigation is as expressly
granted, as if that term had been added to the
words commences
To;yhat commerce does this power extend,
The Constitution informs us tocommerce sswith
foreign nations, and among the several states,
and with the Indian tribes.n
/ 1t has, we believe, been universally admitted,
that these words comprehend every species of
commercial intercourse between the United
States and foreign nations. No sort of trade
can be carried on between this country and any
other, to which this power does not extend. II
mas been truly said, that commerce, as the
"ord Is used IN the constitution, is unit, every
part of which IS indicated by this term.
lfthis b. The admitted meaning. of the word.
In It's application 10 foreign nations it must car
ry the same meaning throughout the sentence.
and remain unit, unless there be come main
intelligibic cause which alters it.
Inc SUBJECT to which the power is next ap-
phed Is to commerce 'sa'nong the several states
The word among" means inter,ninpled with.
"A thing which IS among others, is intcrminrled
with Them Commerce among the states can
not stop at the external boundary line of each
state, but may be introduced into the interior.
1t IS not included TO say that these words
comprehend that commerce, which is complete.
~ internal, Which is carried on between man
and man IN state, Or between different parts of
the same state, and which does not extend to.
or altect other states. Such power would be
inconvenient, and is certainly unnecessary.
Comprehensive as the ''aInongn is, il NAV yc-
ny properly be restricted 10 that commerce
winch concerns more states than one. The
phrase is not one which would probably have
| oeen selected to Indicate the completely into
rior ira nc OF state, because it is not an apt
phrase for that purpose; and the enumeration
m ri n If
the power was to be extended, would not have
been made, had the intention been to extend
the power to every description. The enumera-
tion Presupposes something not enumerated; and
that something, If we regard the language or
tne SUBJECT o. the sentence, must be the exclu-
slvely internal commerce of a state. The pe
MUS and character of the whole government
seem to be, that lis action is TO be applied 70 all.
the external concerns of the nation and to those
internal concerns which affect the states rene-
raliy; out not 10 those which are completely
within particular state, which do not effect o.
Their states, and with which it is not necessary
to interfere for the purpose ofexccuting some OF
the genera! powers of the government The
completely internal commerce of a STATE then
may be considered Us reserved for the state IT,
self.
but, IN regulating commerce with foreign ma
tons, the power OF Congress does not stop at the
Jurisdictional lines of the several states. |,
would be very useless power if it could not
pass those lines. The commerce of the United
! states with foreign nations is that OF the whole
United States. Every district has right to
participate in it. The deep streams which pen
citrate our country in every direction, pass t'ro
the interior OF almost every state in the Union
and t'Tlish the means of exercising this right
hCongress has the power to regulate it, that
power must be exercised wherever the subject
exists. Ift exists within the states, ifa foreign
voyage may commence or terminate at port
within state, then the power of CONGRESS- NAV
be exercised within state.
Il ms principle Is, If possible, still more clear
when applied to commerce 'samong the several
states" They either join each other, in which
case they arc separated by mathematical line:
or they are remote from each other in which
case other states lie between them.-What is
commerce ''ainong' them, and how IS it 10 be
conducted! Can trading expedition between
two adjoining states commence and terminate
outside ofeach' AID if the trading intercourse
be between two states remote from each other.
mustit not commence in one, terminate in the
other, and probably pass through third? Com
mercc among the states must, of necessity. be
commerce within the states. In the regulation
OF trade with the Indian tribes the action of the
law, especially when the constitution was made,
=
gress, then, whatever it may be, must be exer-
ciscd within the territorial jurisdiction of the
several states. The sense of the nation on this
subject is unequivocaly manifested by the pro-
Visions made III the laws for transporting goods
) by land, between Baltimore and Providence
between New York and Philadelphia, and be-
tween Philadelphia and Baltimore.
We arc now arrived at the en1uiry-What is
this power
1t is the power to regulate, that is, to pre-
scribe, the rule by which commerce is to be go
verned. This power, like all others vested in
Congress, is complete in Itself may be exer-
cised to its utmost extent; and acknowledges
no limitations, other than are prescribed in the
constitution. These are expressed in plain
terms, and do not affect the questions which arise
in this case, or which have been discussed at
the bar. IT, as has always been understood,
the sovereignty of Congress, though limited to
specified objects, is plenary as to those objects,
the power over commerce with foreign nations,
and among the several states, is vested in Con-
grcss as absolutely as it would be in single go
vernnent, having in its constitution the same
restrictions on the exercise of the power as are
found in the constitution of the United States
The wisdom and the discretion of Congress
their identity with the people, aud the influence
which their constituents possess at elections ere
in this, as i'll many other instances, as that, for
example, of declaring war, the sole restraints
on which they have relied to secure them from
its abuse. They are the restraintson which the
people must often rely solely in all representa-
| tive governments.
The power of Congress, then, comprehends
navigation within the limits Of every state in the
r Union, so far as that navigation may be, in any
manner, connected with . commerce with for
eign nations, or among the several states, or with
fhp Indian tribCs - II may of cCpso,uoDcc