The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-30

consent OF OF ototc III "hCfl Tue
same shall be, for the erection Of forts magazines
arsenss, doek-yards, and other needfnl buildings'
or 10 "proylds for the common defence and general
welfare" do not regard the power, as expressed
IN any Of these clauses, or resulting from any power
which they delegate by necessary implication; un-
less, indeed, adopt he loose and heentlous ati-
tude Of exposition for the last of them which has SO
often and so Justly been rebuked. Sir, shall claim
the power to make these appropriations under no
general, roaming, vagrant grant OF the constitution.
Nor shall adopt either Of the concessions Of my
friends from Alabama, Mr.. PArsE and Mr.. YAM
cEYl both Of whom admit the power as TO those
harbors entered by the public vessels; the former
incident TO the authority TO protect the public prop
ery, and the latter, under the clause To provids ard
maintain navy" And shall not claim IL. sic. as
incidental TO any express power, and thus can have
no objection to the gentlenan's Mr.. YAscsr'sl dis.
like TO tho word "ineidealaI;" but mean to rely
entirely on a clause Of the constitution upon the
face Of which this power Is written in the egi-
BILE eharaeters-thst elao'e which gives what may
appropriately be termed he COMMERCIAL rowER.
IL the 81 clause 9Th section, LIST article Of the con-
stitution, which says, Congress shall have power,
ITO REGULATE coaMIaox WIFE yoaxIos NATIONS,
AND AMONG rHE sEvEaAi srArrs, and with the In
dian tribes"
Here, then, answer the inquiry Of my honorable
friend from Georgia, [sft. Coss, Is The beginning
and termination Of the p,weri and say 10 him, as
well TO the honorable. 9ntlenlan from Tcnncssee,
Mr. JosEsl that this 49, Standard, "snd not the
individual opinions Of members who may erect
others independent Of the consultation. IL Is fixed
and permanent STANDARD" distinctly and clearly
enunciated by tho constitution itself
But, Mr., Chairman, the honorable gentleman
from Alabama Mr.. YAscErl referred US on yester.
day to the 42d article Of the Federalist written by
Mr.. Madison. He read the first paragraph Of that
article, in which Mr. Madison says;
The second elias, Of powers lodged in the general
ment consists Of those which regulate the intercourse with
foreign natonsto wit; to make treaties send and receive
ambassadors other public minister's aud oonsus define
and offences against the laws Of nations 10 regulate
ey@%se'" &c.
Mr.. CONSTABLE was then proceeding TO show
that each OF these powers given under separate
clauses Of the constitution; that some Of them were
judicial, others sreeuiips; and that they were not
cassed by Mr.. Madison with any view TO an ex-
position Of the legislative power TO regulate COM
meree; and was reading that part Of the article
in which the author disclaimed the intention to
treat Of or define the terms conveying the power to
regulate commerce; when
Mr. YAScEr arose, and supposing his argument
misunderstood, asked how the gentleman Mr.
.CoHsTABLul derived the power to improve the har-
Dor of Hayre de Grace, under the power to regulate
foreign commerce!
Mr.. CONSTABLE. | have probably misapprehend-
ed the course Of this part Of the argument Of the
gentleman, [Mr. YAscEr,l as | was absent from
the House for short time, and did not hear the
whole of what he said on this point. The question
that he now puts shall be answered in a subsequent
part ofmy remarks.
He then commented upon other portions OF the
article in the Federalis read by the gentleman from
Alabama, MIR. YAscEY,1 in relation to the third
class Of powers, which includes that TO regulate
commerce "among the several States"
Mr.. Chairman, II is true that Mr.. Madison, in
this article, states 1t to have been "a very mate
rial object of this power to relieve the States
which import and export through other States, from
the improper contributions levied on them by the
latter" but he nowhere afrms either in this srti.
Gle or any other written by him, that this the
only object IL it had been, why not employ ap.
propriate terms to convey that meaningI The great
precision and pespicuity which characterize all his
writings would not have been wanting in this sen-
tence, IL he had intended to designate the only
object Of the power to regulate commerce among the
several States. And, sir, his language is not sus-
ceptibe of such an Interpretation. The phrase, "a
very material object" irarlies that there wero
other objects; it is synonymous with the expression,
lone Of the material objects"
That the object stated by Mr.. Madison was one
of great importance is not denied; but insist that
there were others, scarcely secondary to it, and
which we're as distinctly indicated by tho wants, ne
cesstes and action Of the separate States before the
adoption Of the present constitution. But of these
shall spsak presently ..... r
Let US then, Mr.. Chairman, turn to the words Of
the grant, and endeavor to ascertain what mower
they convey. They are Ito regulate commerce with
foreign nations and among the several States, and
with the Indian tribes"
''to regulate" as found in this clause of the consti-
tution' That, literally and strictly, il signifies to
prescrbes rules in RESTRAINT, may be admitted not,
however, in this connection. That such is not the
universal general import of the phrase, must
be apparent from the fact that every regulation is
L., Al
dsordered condition Of the country, it, army, navy
or its finances not only by restraining some things,
but by doing others. Why not, therefore, its COM
mercGi
Again, sir: the extent of power, either general
or special, cannot always be ascertained from the
words employed to convey it, the intention of the
parties and the nature Of the subect upon which it
is to act, often afford higher and more certain evi.
dence of Its legitimate scope and character, some,
times restraining general TERMS at others, charging
paucular ones; and, without the aid of such rule
of construction, it would be utterly impossible, in
many cases, to execute powers in such manner as
to accomplish the most obvious and palpable pur-
poses of those who confer them. -. ID. a.
Then, sir, apply this rule in the present case, and
what doubt exist that the words comforting upon
Congress- the commercial power enable us to make
these appropriations This power is conveyed in
the general phrase Ito regulate" and as an authori-
ty ''to regulate" must necessarily be coextensve
regulated. What, sir, is that The maritime COM
merce Of the country, prosecuted among the several
States and with foreign nations. II is the entire
power of regulation as connected with this whole
commerce, whether relating to imposts, tonnage,
enrolment, marking its channel, and lighting its
track over the waves, or removing the dangers be-
meath them, oflep more alarming than the surging
blllow and the bowling storm. therefore insist,
sir that the power of regulation from its absolute
and entire character, we'll as its enlarged theatre
OF action, must have been designed to confer upon
Congress the authority to do whatever they should
believe Indispensable or reasonably necessary for
the exigencics of this commerce. a
Mr., Chairman, if am not right in this view,
and the power is not vested in the general govern
ment, then submit that there is no authority in
either the States or general government to make
any Improvement aifording additional security or
facility to our maritime commerce with foreign ma
uons or among the several States. That the States
are inhibited the exercise Of all power over in re-
laton to the commerce of the country with foreign
nations or among themselves, seems to me clear
upon the face Of the clause Of the constitution to
which have referred. They cannot prescribe the
terms or conditions upon which the vessels Of any
Of G,., 10, he hall