Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1844-06-14

What was the origin Of this power to regu-
late commerce! Before the adoption of the
Constitution, the power was possessed by the
several States, as sovereign, independent CON-
munities 1t was held by them-full, ample,
absolute, and unlimited-suhi c. to no %restric.
ton or qualification, and falling in no respect
short OF the "olnni potencc of Parlalneni."-
When that instrument was adopted, the pc yer
was transferred TO Congress, without abridrincnt
or limitation, to be held as the States had held
it, and is now vested in that body as full and
perfect as it exists in the sovereign Legislation
of any independent nation upon earth, to be ex.
ercised in a sound Legislative discretion, guided
by the pole star OF all our deliberations, the pub.
lie veal. 1t was a concession of exclusive ju.
rlsdIctlon, leaving no resldum or remainder in
the States. Unless, then, the power is posses
sed by us as fully and amply as they possessed
1t, this strange result is produced that, by the
attempt to frame a more perfect system OF gov
eminent, a power Inherent in every sovereign
community, and essential to its prosperity, if not
to its national existence, is abrogatcd, annlhiIa-
ted, and lost forever. If we possess it i%mpericc.
tly only, and can exercise it but partially, the
power, to all practical utility, is essentially lost.
The existence OF this power IN the several State
sovereignties, giving rise, as it necessarily must,
to selfish and conflicting regulations, was one Of
the principal causes which led to the adoption
of the Constitution and the establishment of this
Government. The concentration of it IN one
body, where its exercise would be controlled
not by Local and partial considerations, but by a
more catholic and comprehensive regard for the
'te'oo'' s'o"' ""u ""'eu PeOPrc-
was one OF the great purposes of our glorious
Union. Can it be conceived that the statesmen
Of that day, deeply Impressed as they were with
con,rol ovor conrnorce, sbanLd NJ ,ho orv mo-
aaa, ,,Lon ,Lou uo.a anIaa'
Gnrn, .,d co,si:,orcy a,J onarr,. Lo,a anri,
70 nr;r,,Io ,ba nnv.or or h.,,na-
Sir ,hnnv toll rs in tho le,,or suh,,i,,inr Tho
a,s,;,1.hn :, rnn,ross ,tot ",Lo fr;an7is or
o,r' corn,ry hovo Ion, zoo, ,,J do.irod tho, tho
,o,vor nf r.rnl,,ipr commerce SLov,d he C,V,
oa,,J ogsct,,,U1 ros,oJ ~ rho Ganer,I Cny,rnmenIi
Of The Irnion, Here is no allnsinn +, q martial
mr. l,tni,od ayorciso of il mar docs tho Cnns,i,u
linn i..elf con,,in a svlL,hla noiu,;pr IN i,s lin;
tation or Abandonment. Senators wul look in
vain ,here fnr tho Indications os apv such MIR
pose.
Tho nowor n low , royor,o ~, du,;os -
;,nnos, ,nn, ;,,,ar! .na.,s u,a
rod oy,I,..,oly hoo, co,rra.. ,,,,Jaa. a..
somo fnn,i,r' /, vos ,ron..aJ Pn ~
S,,,os ~ ,hev bsId !, add ,ba 49,
mov ho .nnIioJ ~ !, u,hf.h T ho,a aIsao a"Iu
nJ 70 tho nny,or ,o rernI,,o cnnm,aroa ,T,ppppao
tvn novers. heinz uuifnd in tho s,,,a hodr nav
bo oyorcisoi co,;1in,Iy = Lo no,,nr ~ royi i,
,r,dn NAV he eyer,ed for tho nrr,,.a If ro,onno
and that :, Iovy - roro,,o frr tfa ron,ia,on ~,
co,nmorco T'Lo nou,o- ~ To-, -. n.os,o
kcn from, tho S,a,es and coniorroJ u,on Cnn-
rress. obviouslv Locouse II could ma, he senara.
ted from the other noycr. S,ch a senarat;on
would impair them both. It has been yerv
boldly asserted that CONGRESS- has no constitu.
tional power to levy duties for any purpose en-.
cept for revenue along. 1t would be most eX.
traordInary it these two powers, so Intimately
connected in their nature. and vested in the same
BODY, cannot be brought to bear with combined
influence upon the great objects of lerislarion.
There is certainly no restriction of the revenue
power in the terms of the Constitution. lis
language is, Congress shall have power to levy
duties, lnposts, Sc, "to pay the debts and pro-.
vide for the common defence and general ~ueif4re
of the United States.'' These are broad terms.
The intention of It's trainers can no, be misia.
ken. They conferred the power To REGULATE
commerce; and how was It to be rerulatedl-
By such means as are usual. APPROPRIATE. and
c~litctual. The imposition of duties is, and ev-
err has been, the usual, nav universal mode.