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


jects for which it WIS given, especially when
those objects are expressed in the instrument it.
self, should have great influence in the construc-
ton. We know of no reason for excluding this
rule from the present case. The grant does not
convey power which might be beneficial to the
granter if retained by himself, or, which can en-
sure solely to the benefit of the grantee: but is
an Investment of power for the general iadvan-
tage, nthe hands of agents selected for that pur-
pose, which power can never be exercised by the
people themselves, but must be placed in the
hands of agents or lie dormant We know of
no rule for constituting the extent of such pow
ers, other thanis given by the language of the
instrument which confers them, taken in connex-
ION with the purposes for which they were con-
ferred
!. The words are Congress shall have pow
erto regulate commerce with foreign nations,
and among the several states, and with Indian
tribes.n
The subject to be regulated is commerce and
our constitution being, as was aptiy said at the
bar, one of enumeration, and not of definition, to
ascertain the extent of the power, it becomes
necessary to settle the meaning of the word. The
council for the appellee would limit it to traffic,
to buying and selling, or the interchange of com
modities, and do not admit that it compartments
navigation. This would restrict general term,
applicable to many objects, to one of its signifi-
cations. Commerce undoubtedly is traffic, but
1t is something more: 1t is intercourse. 1t des-
cribes the commercial intercourse between ma
tons, and parts of nations, in all its branches,
and is regulated by prescribing rules for carry
ing on that intercourse. The mind can scarce
ly conceive a system for regulating commerce
between nations which shall exclude all laws
concerning navigation, which shall be silent on
the admission of the vessels ofthe one nation in
to tie ports of the other, and be confined to pre-
scribing rules for the conduct of individuals in
the actual employment of buying and selling, or
of barter.
Ifcommerce does not include navigation, the
government ofthe Union has no direct power
over that subject, and can make no law prescrib-
ing what shall constitute American vessels, or
requiring that they shall be nayigated by Ame-
rcan seamen. Yet this power has been exer-
cIsedfronthe CONNIE cementofthe government,
has been exercised with the consent of all and
has been understood by all to be a commercial
regulation. All America understands, and has
uniformly understood, the word " commerce. to
comprehend navigation. 1t was so understood,
and must have been SO understood, when the
Constitution was framed. The power over
commerce, including navigation, was one of the
primary objects for which the people of America
adopted their government, and must have been
contemplated in forming it. The convention
must have used the word in that sense, because
all have understood it in that sense and the at
tempt to restrictit comes too late.
If the opinion that 6 commerce." as the word
is used IN the Constitution, comprehends naviga-
ton also, requires any additional confirmation,
that additional confirmation is, we think, fur
nished by the words of the instrument itself.
1t is a rule of construction acknowledged by
all, that the exceptions from power mark It's
extent for it would be absurd, as well as use
less, to except from a granted power that which
was not granted-that which the words of the
grant could not comprehend. If, then, there are,
in theconstitu6on, plainexceptions from the pow
Grover navigation, plain inhibitions to the exer-
else of that power in particular way, it is proof
that those who made these exceptions, and pre-
scribed these inhibitions, understood the power
to which they applied as being granted.
The 9th section of the 1st article declares,
that I" no preference shall be given by any re-
gulatioii of commerce or revenue, TO the ports
of one state over those of another.n The clause
cannot be understood as applicable to those
laws only which are passed for purposes of re-
venue, because it is expressly applied to COM
mercial regulations; and the most obvious pre-
ference which can be given to one port over an
other In regulating commerce, relates to navi-
CATION. BIT the subsequent part of the SEN
vessels bound to or from one state, be obliged
to enter, clear, or pay duties, in another" These
words have direct reference to navigation.
The universally acknowledged power of the
government to impose embargoes, must be also
considered as showing that all America is uni
ted in that construction which compreheuds
navigation in the word commerce. Gentlemen
have said, in argument, that this is a branch of
the war-making power, and that an embargo is
instrument of war, not regulation of trade.
That it may be, and often is used as an instru-
ment ofwar, cannot be denied. An embargo
may be imposed for the purpose of facilitating
the equipment or manning of feet or for the
purpose of concealing the progress of an exped-
ton preparing to sail from particular port.
In these, and in similar cases, it is military in
strument, and partakes of the nature OF war.
But all embargoes are not of this description.
They are, sometimes, resorted to without view
to war, and with a single view to commerce.
In such case an embargo is no more war-rhea-
sure than a merchantmen is ship OF war, be-
cause both are vessels which navigate the ocean
with sails and seamen.
When ongressimposed that embargo, which
for time, engaged the attention of every man
IN the United States, the avowed object of the
law was the protection of commerce and the
avoiding of war. BY its friends and its enemies
1t was treated as commercial, not as a war
measure. The perseveriug earnestncss and
zeal with which it was opposed, in part of our
country which supposed its interests to be vital
ly affected by the act, cannot be forgotten. A
want of astuteness in discovering objections to a
measure to which they felt the most deep rooted
hostility, will not be imputed to those who were
arrayed in opposition to this. Yet they never
suspected that navigation was no branch of
do nd mot 4 =.
the power to regulate commerce. They did,
indeed contest the cnnsfifnfinnalifv nf The nrf