Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-12

IS SIN more explicit, IL IL, g nor shall vessels bouHd
| 10 Or from one state, he obliged 10 enter clear, ar
pay duties, another These words have a ,irec,
reference To navigation.
| The universally acknowledged power OF the go
v-rnment To impose emhargoes, must also be consii-
cred AS showing that all Americas is united in that
construction which compartments navigation IN the
word commerce. Gentlemen have said, IN argument
'ha' inns rs = branch Of the Matchmaking power. and
na' an emhaigo Is an instr uncut OF war, not reg
| uia'ion uf Isde
That it may he, aud often is used as AN ins,rume MT
ot war, cannot he denied. An ei,arpu NAV he inn
posed Tor the purpose OF facilitating The eaupme ~
Oh manning OF ieet, Or for the purpose of conceal
ing me progress OF AN expedition preparinp 10 sail
uo" par"cuia' port. i" these, aud in similar ca
ses, II military Instrument, aud pariakes of t.
nature o war. But all emisrgoes are not of this
description lhey are, sometimes resored to with
out view to war, aud with single view to COM
! metcc In such u case an embargo $ no more a war
measure than merchantmen is n ship of war; he
cause both are vessels wAich navigate the ocean with
\ sa''S ana seamen.
time, engaged the attenton Of ever, man i'm the u
n'ied States, the avowed object OF The law was the
protection OF commerce and the avoiding of war BY
us friends aud MS enemies ~ treated rs "A COM
mercal, moi as war The net Sc yerng ear
nestn-ss and zeal with which IL was opposed in I.
part OF our country which supposed its Interests TO he
| vitality affected by the act, cannot be forgotten A
want oil as'ueness IN discovering objections TO -
measure To which they felt the most tjeep hos
hhy, WI MOI he imputed To ihose who we're arrayed
IN opposition To this, Yet hey never SUSPECTED thar
navigation was branch of iiade and was ,her.
fore, not compr ehendcJ IN the power to regulate
commerce. They did, indeed, contest the cuns,itu-
tlonaliy OF the act, hut principle which admits
the construction for which the appellant contents
They denied that the particular law IN question was
n'"ue IN pursuance oi The constitutions because
TIE power could not act dIe cty on vessels but he
cause perpetual emlitgo was the aun,i IN and
not The regulation OF commerce. 10 terms thew adj
united the applicability OF the words used in The Com
s'""'"n to vessels aud that, in u case which pro-
| t"ced degree and AN extent Of excitement caIcu-
lated to draw forth every principle on which ep;ii-
m"'f tes's'ance could he sustained. No example
could more strongly illustrate the universal un,i.,-
standing oil the American people ON this subject.
Tho word used III the Constitution, then, compre-
hends, aud and has always understood TO comure.
bend, navigation with" ITS meaning and power TO
regulate nav'gatipu is expressly granted as If
that ;rrm had been added TO the word COM
meIce."
10 what commerce does this power extend, The
constitution inOi ms Tvs to " with forcpu
natonf aud among the several states, and with the
Indian tribes"
u has, we believe, been universally admitted, that
these words comprehend rverv species Of CONNER
cal intercourse between the Uned States and To-
reign naionS No sort of trade be carried on
between Tins county and any oiheT To which This
power does not extend u has been truly said Ina,
commerce, as the woid is used in the constitution
rs unit, every part OF which is Indicated by the
term.
IL this he the admitted meaning of the word in its
application To foreign nations, must carry the same
meaning throughout The sentence, and remain a unit
unless there be some plain Ineligible cause which
alters il.
The subject to which the power is next app.ied !.
To commerce - among the several states" The
word :" among means inerminged with. A thing
which IS among others, is mi nglrd will, then,
Commerce among the cannot STOP y, the eater-
nal boundary Iine oil each state, but may be uroduc-
ell into the Interior.
ID ~ NOT intended 10 tbai these words compre-
bend That commerce., which IS compIeie!y uIcrnnI
which is carried on bewren man and man in state
OF between different paris al ihr same sAte, and
whiuh does MOI exiend Ia, or affect other siaies
such power wOuid lie and is ceIf,tn
| ~ unnecessary.
Comprehensive as the word among" is n NAV
very properly he restricted 10 that commerce which
| concerns more sfaes than one. The phrase is mn,
one which would probably have been selected 10 in-
dictate the completely interior traffic of ~ state he
cause II IS not an apt phase for tLat purpose and
the enumeration of the particular classes of COM
merce TO which the power was 10 I've rxterded
would not have been made, had The inien ion been 10
extend The power 10 every description The euune-
ration presupposes something moi enumerated; and
That something il we regard the language or the sub
Ject OF the sentence, must he the exclusively internal
| commerce of = state. The genins and character of
he whole government seem TO he, that its action is
TO be applied to all the extsinal concerns Of Tie nd
non ana To those internal concerns which affect The
states generally but not To those which are COM
pl"iey within particular state, which do moi aifec,
other states, and with which is ecessary 10 IN
icrere Tor The purpose Of executing some Of the ge-
neral powers of the government. The completely IN
'ernHi commerce oil State then, may he considered
| as reserved for the slate itself
But, in regulating commerce with foreign nations
The power Of Congress, does sop ~ the iurisdic-
onal lhes OF the several states. IL would be a very
useless power If IL could not pass those lines The
commerce Of The United States with Io,een nations
| is that Of the whole Uniied States Every dislric,
has right 10 participate IN IL. The deep sire ans
which penetrate our country IN direction pass
through the inferior Of almost every state IN the L.
Mon, and furnish the means OF exercising this right
" Congress has the power n regulate H. that nov or
must he exerciaed wherever the subject exists. lii
exists within the states, fa foreign voyage may com.
mence or terminate ~ port within state, then the
power OF Congress may he exercised within state
This principle IS, Hp0sshle sill more clear when
applied to cOmmercr " among the several states -
They either j'n ZACH 0se:, 10 -i'''h ciss thry arc
separated 10y m'Ih"D'niicni line or they re.
mote from each other, ~ which case other state,
lie between them. What is commerce 4" AIMING"
| thtm, aud how IL ~ TO bc conducted! Can y trading
| expedition between two adjoining st''"s commence,
| and terminate outside OF each Aud If The trading
intercourse he between two states remote rom each
other, must u not commence IN QUE, IN the
| other, and probably pass through third -? Com
mrrce among The states mnst, of Necessity, be COM
mercf within The states. In tbs regulation Of trade
with the Indian tribes tie action Of The law especial
| " when the ronstfufiOn was made, WIS chiefly with
| IN % stale. Tie power Of Congress Them whatever
/ u NAV he, must he exercised wiihn the territorial
jurisdiction nG the several states The sense Of lh@
nation on This subject s unequyocally paniirsir g.,
Tie nro''s"n. made W Ihe laws for Transporting
goods by land, brtveer Baltimore and Provideare,
between New York aud Philadelphia, asd between
| Pltiladelpaa "nd Baltimore,
! We are now arrived At tie inquiry-What is this
powerf
! IL islhe power 10 regulate, that is 10 srescrihe
the iule Nv which commerce j. 10 he governed The
mower, like al Others vested ~ Congress, ~ COM
pleic IN iisell may be exercised utmost gtcnt
aud acknowledges liniilaous Other than are pre-.
! scrIbed ~ the consultation. These are expressed ~
PLAIN lesms. and d0 not effect The questions which
arise, or which have been discussed ~ the bar IT,
~ has alwa,s been understood tl,e soyere;gntv of
ECongress, though limited specified oloci. is pie
nary 10 those objects, the power over commerce
with foreign nations, and among the several states
=. =. a. 4