Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-29

-. II.
ne coasting trade was therefore placed under
the control of the officers appointed 10 collect
the ouues on imports; and it was subjected to
sucn restrictions as were deemed necessary for
the security ofthe revenue. Most ofthe reguia-
lions of the coasiing trade, arc clearly adapted
10 TINS and no other object. The bonds, mani
tests reports, oaths, permits and minute details
wnich form SO great part Of the provisions of
tnis law, arc obviously intended to prevent eva
sions OF the duties on imports The security
taken, that the vessel shall not be employed
"ithin TWO years in any trade by which the rev.
cAue shall be dcfrauded; the oath taken by the
MASTER TO the same effect; the various provis-
.ons concerning foreign merchandise subject to
outy; the different regulations provided for diff
ierent cases, manifestly because the danger to
the revenue, IS IN some of those cases greater,
and IN others less; all, show, that the object of
these various provisions is to secure the reye-
nue.. -.
Such, were the great and general purposes of
these objects.
t. The national character of n vessel, as built in
TINS country and belonging TO citizens of the u.
.. rs tue essential qualification for the coastino
trade and that character is asccrtained by the
register or the enrolment. But this is not the
sole qualification required for vessels entitled to
an thc privileges of the coasting trade. After
the enrolment and before license can issuc
the tonnageduty must be paid; the bond concern,
ing the use OF the license, must be given; and
the oath OF the master that the license shall not
De abused, must be taken. When these reou
sites have taken place, the license is issued.-
It's an Official certificate that there has been
due compliance with those requisites of law,
which succeed the enrolment, and are prem-
nary to the Incense; and it completes and de-
clares the qualifications of the vessel, for enra
ging In the coasting trade, with the PRIVILEGES
which have been mentioned.
Another great object of the license, il to sub
Ject the vessel, wherever found, to the efectual
control or the laws and the public officers. The
Incense is intended to accompany the vessel, and
to be IN possession Of the master, who has taken
an oath concerning its use; he is bound 10 cxhi-
bit 1T to any officer of the revenue upon demand;
and 1T IS limited to one year, because the tonnage
| duty on these vessels, is payable annually, and
for the sake of the control aud security, which
arc afforded by new bond renewed oath and
! a new license.
Thus, the objects of the license, are. to give
an official proof of the facts which it recites; to
declare the vessel fully qualified for the coasting
trade and Its privileges; to secure the payment
OF the annual tax on the vessel; and to provide
an effective control over an employment, which
| greatly exposes the revenue from imports to o.
vasions and frauds: and these seem to be the
sole objects, which the legislature contemplated
as ends of the license.
But it is said, that the license is also, COM
mission or authority; and so considered it is a
commission to carry on the coasiing trade. The
license itself, gives no definition of the coastino
| trade
What isthe coasting trade intened by this law ?
AS opposed to foreign commerce, and distin-
gmshed from commerce by land, these words
may be sufficiently definite; but in all other re-
spects, they are vague. The restrictions TO
winch the coasting trade is subjected, afford an
indirect description OF some particular opera
tions, to which those restrictions are applied; s.
IN no other respect, is the coasting trade defined
Dut Tor the purposes OF this law, greater accu-
racy was not necessary. When this law was
enacted, an unrestrancd freedom of intercourse
between the states and all parts of the nation
4 existed; and the object of the congress- was, to
regulate and limit that freedom, by restrictions
upon navigation, intended to promote the mari
time strength of the nation and to secure the re-
venue. The coastng trade intended, was there
fore a commerce then existing without restraint;
1T was lawful commerce; such commerce as then
was OF might afterwards be carried on, accord
| ing to laws which the congress or the states, in
virtue of their respective powers, might enact
As no impeachment to free intercourse, existed,
none was removed, Hence, the coasting trade
and the fisheries received no definition. Hence,
registered vessels were left, as they are left to
this day, with right to carry on the coastine-
trade, resting on the freedom 60 navigate and
trade, in every manner not prohibited. Hence,
the right of registered vessels in this respect is
recognised by the act concerning the coasting
trade; but is not declared or treated as a right
given by that act. But the coasting trade AMI
the fisheries were subjected TO certain reruIa-
tons and if those regulations can have full and
consistent effect as limitations, it would be a.
) ganst all reason, to consider them as grant of
rights.
When any intercourse is,reguated, it is sup.
} posed, that the intercourse will or may take
; place. The fact of an intercourse existing or
expected, is recognized by re RELATION con-
J corning it: and the regulation may either de-
clare and define the right of intercourse, or it
, may merely impose restriction, without giving
; any new right to the intercourse itself,
: Laws for the collection of revenue, give
, rights and impose obligations butthe rights
are given to the government, and the obligati-
!, ons are imposed on the citizen. The various
| regulations made to enforce the collection of
taxes, consist of methods, checks and sanctions,
: giving auxiliary rights to the government, and
: imposing farther obligations upon persons, and
upon things taxed or used in an employment
taxed. The due collection Of the revenue, be-
ing the purpose of such regulations, they are
thorites to the public officers, while 10 the cit-
zens, they are restraints upon his conduct.
A restriction intended to control the exer-
else or prevent an abuse ofrght, is not grant
ofthat right. An example will illustrate. The
laws require, that goods subject to duty, shall
not be landed from the vessel importing them,
without permt.-Tbs regulation implies,
that the goo1s may be landed with permit !;
but the right of the owner to land them, is not
: conferred by this restriction. The right is de-
g rived from another source from the laws of pro-
perry; and it may be var.ously modified by tho
l laws which give s. govern the right. The per.
5 NIT to land the goods, indeed gives n special