Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-17

states, that OF one natou, subject to and the
same government, and when II transferred the
subject itself from all these States. it accompa-
med IT with the same means which those states
combined, might have employed to regulate it,
among themselves. If it did not mean to do
tins, think 1T will be evident, from consider
alton, OF all the parts of the constitution that the
com ncrcial intercourse among the States of tn.
Union, is less protected, andi in u worse situation
now, than it was before
III has been insisted, however, that the power
to regulate commerce Coners merely fiscal
authority, and was designed to prevent prefer
enccs i'll behalf OF the trade of one State through
inc medium OF determinations, TO the prejudice
OF another. L will not deny that this was one
object of the power; but it would be unworthy
OF the subject to say that it was the only one
The power to regulate commerce would I'M
doubtedly imply an authority to cucumber il
with duties and burthens, and it would be
strange II 1T could cucumber, and yet not facili-
tate. But tins branch of the power to regulate
commerce, which would otherwise have result
ed, is taken away by another part oftle Consti-
tuition, which forbids Congress to levy any inn
position upon the exports of state, and on the
imports into one State from another. We can
give no preterences-and the States are also
prohibited, by an express clause, from cxercis-
ing similar powers To ascribc to this clause
therefore, no other object than mere fiscal a,-
thorty, would be to make it entirely superero-
gatory; 1t would be worsc--it would be mer.
passive, dormant authority-an instrument taken
| from the States aud transferred to the genera
government to be used by neither. But the
States did not mean to abandon their CONNER
cal Industry to the mercy of chance: on the
contrary, they intended to remove it from the
superintendent fdisjointed councils, and place
1t under the auspices of united and efficient
rDV Mt mo- 4,
av%llant and active power, to be eXerted ac~
cordmg to the cxigency of the occasion Not n
power merely Toward off injuries from others.
| but also to afford facilities ourselves, whenever
the wants and condition of the country require
| them at our hands. The power of doing, by the
eXcrtion of the national will and resources that
which could only have been accomplished, an
| terror to the Union, by the concurrence of two
or more of the state sovereigntics.
Without meaning to violate my promise not
to engage in verbal criticism, but to illustrate
The extent of the power in Congress, in relation
to commerce among the States, let me, Mr.
| Chairman, refer gentlemen to the power cxer-
| clsed under this word g 7egutdte," in regard to
the commerce aoith foreign nations. 1t must
have the same meaning i'll both instances, and
must confer the same degree of power in one
case in the other.
OF commerce with foreign nations, a fiscal
authority Is not only legitimate regulation, but
! is an ordinary source of revenue, and would,
| therefore, from the reason Of the case and the
necessities of the government, naturally tall
within the clause but no one ever dreamed
that the power of Congress confided to this
limit.
| In virtue of our power to regulate commerce
'c'h foreign nationS, we lay an EMBARGO and
prohibit the intercourse altogether, as well of
vessels as merchandise. We erect light houses
and provide bcacons and huoys to conduct
| the mariner into our rivers, and lead him in
safety over the shoals and Instructions which lie
IN his path. If we do not make him a way over
the ocean, we guard that way with fleets and
conveys, and shield him from the depreciation of
enemies and rivals. Under the same power
we establish ports of entry and for unIading; we
erect public custom and warehouses we NAV
provide a system of quarantine laws, and we
have enacted laws for the saving and preserya-
ton OF wrecks and property stranded upon our
shores.
In short, we have, throughout our system of
| legislation, exercised a complete authority over
the whole subject, and have never failed to a.
ford ii all necessary facilities, in every part
| BY what rule of construction, give me leave to
ask, can the same power, which is admitted TO
be unlimited in regard to our foreign commerce,
he restricted TO mere imag mary superintend-
| cnce, in relation to the trade among the several
States? Lights and beacOns offer guide and
facilities only TO that portion of our commerce
which rasses over the ,Catey;s of the United
States but what is to become of that class Of
merchants who are obliged to plod their way
over the almost impossible mires and mountains
| of the interior
II, therefore, the power to regulate commerce
gives to ColrrCs- the whole commercial au
| thOrity over the commerce among The Shflcs it
includes the power of atFording all necessary IA
Cilites to the Intercourse. This includes the
right Of trHy-of t'ulSit-the right of passing
over and through the territories of one or more
of the States, TO any part of the Union. In this
is involved the whole power cOntended for. III
| the right of carrying on commerce, includes the
! right of way, the power over commerce neCes-
sarily inyOlvesa control over the right of passage
the power of preserving, of regulatng Ofpro-
viding it, Suppose this passage to be denied or
| the way TO be INSTRUCTED, may we not open the
passage and remove the obstruction If there
| be CGy, and the local authority refuse, or be
unable to afford it, NAV we not provide one? p
All admit that no one State impose duties or
| burthens upon merchandise, on IFS passage
through its territories; but, if it cannot embar-
rass its transit by duties, it would be absurd to
suppose it could exercise the higher power of
absolutely shutting out the intercourse. And
why is the exercise of such an authority denied
| to the States, but because they have surrender
| cd their power over the commercial intercourse
ofthe country, and transferred it to the general
government? Can gentlemen doubt the con-
troll Of this government over the RIGHT If ,oay
for commercial purposes Let me state an in
stance in which the power of Congress would
apply; and, because an more familiar with ii
than any other, beg leave 90 refer to the river
| Dctn,onre. II is known that this river passes