Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-11-24

pie themselves, tnat tlcSc new anu "ho'
we think dangerous opinions, are now
brought forward as the true doctrines Of
the constitution.
1t is an error to suppose that the regu-
Iaiion Of commerce should necessarily I'M
ply the denial of a right to restrict, di-
minish or prohibit any particular branch
Of it. The suppression Of any trade, in
furious to the community, is as much n
national concern, and as valuable an ex-
ercise of power. as the encouragement of
other branches; and, indeed, in practice
it must often occur that the comforting of
special advantages upon one branch of
trade may operate partially to the disad-
vantage of all others. Such is often the
effect of treaties that reserve to the ves-
sells of particular nations free entry to our
ports; the commerce with such nations is
promoted to the dim;nutiOn Of the trade
with others not embraced in the privilege.
THIS, however, is a lawful, Just aud prof
table regulation Of commerce. Com
merce includes all kinds Oftraffic, whcth-
or sustained upon the ocean in ships, or
transported upon roads, rivers or canals:
whether it belong to the system Of do
mestic exchanges, or is cOnversant with
the occupations of foreign countries; and
it is the appropriate function of Congress
to regulate it in such manner az their
wisdom may dictate, unlimited by any
restr iints except those which the consti-
tuition imposes on the power over the do
me site intercourse of the States. The
regulation of our commerce with the In
dian tribes has subjected the traffic, from
time to time, to all such restrictions as the
national Legislature found it prudent to a
dopt; and yet this right of regulation has
passed unquestioned, though it has been
directly exercised to the diminuiion of
any species of traffic that has been con-
sidered hurtlul.
1t is nothing more than regulation Of
commerce to shape our policy, in refer
enCe to our intercourse with foreign ma
tons, by such rules as shall increase the
that may render them ais" ~ =. suh;ec,s Of
''''A ...ue, and thereby extend our
commerce to new regions, and give It new
Accommodations of commodities. The ag-i
ricultural products of nation are not
the only elements of its trade; its manu-
features may be as desirable to foreign
communities, and their transportation and
exchange may become fully as valuable
foundations ola rapid, enlarged and prof
table commerce. Why, then, should the
power to regulate commerce be supposed
to be arrested at that middle point be-
tween the prosecution Of an old trade and
the commencement Of new one that
may eventually, be rendered more ex-
pansive, useful and productive than any
other? Such a restraint would seem to
be utterly incompatible with the genius
and character of any vigorous communi-
ty, but especially with that Of young
and healthy nation.
Before we leave this branch Of our in
quirv, we are anxious to present the con-
stitutional question in one more point Of
view. The best eXpositor of the cOnsti-
tuition is that instrument itself.
The tenth section of the first article Of
the constitution provides that "no state
shall, without the consent of Congress, lay
any imposts or duties on imports or ex-
ports, except wlat may be absolutely
necessary for executing its inspection
law" The limitation which is here set
upon the legislation of the states is with
in the control of Congress. The con-
sent of that body releases any state from
the restriction expressed in this clause
and consequently Congress may permit
either or all Of the states separately, to
levy such duties upon imports as they
may think convenient: it may allow the
state of South Carolina, for example, to
enact tariff of the highest rates or du-
ties, directed exclusively to the protec-
tion of any branch of industry they may
wish to foster. 1t will be observed that
the terms of this clause of the constitu-
ton absolutely forbid the idea that such
a power is to be exercised for revenue
The state that imposes the duty is inhib-
tied from taking the avails into its own
treasury, but must pay them over to the
general government; whilst that govern
nent, OH the other hand, has the fullest
power to levy and collect its own reven-
les, and consequently cannot be pre-
sumcd to yield its consent to the state
enactment upon considerations of that
nature. That consent, therefore, is in
tended to be given, if it he ever asked,
rom a conviction Of the beneficial effect
expected to be produced in the state that
evies the duty-or in other words, of its
value as a protection to state labor,
With such power on the part of Con-
sress to permit protective system to be
enacted IN the states severally, it would
'eem to be a solecism to suppose that the
exercise of a similar power was intended
q be denied to the national legislature