Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1846-07-29

CpuleueTdtiOH W eSu'o''uS SOh''hS'Soi W."
the exception that no State should enIer
into any treaty, confederation. agreement,
or alliance, with any foreign power or
other State. without the consent OF Con-
gress, or should lay imposls or duties
which may interfere with treaties entered
into between The United States aud foreign
powers. Even this was qualified by pro.
vso, which prohibited Congress from ma
king any treaty. by which The States
would be prevented from laying such i'm
posts aud duties as they might think pro-
per 10 impose on their own citizens. or
from prohibiting the expectation OF any
species OF goods orcummud'ies whatever.
1.-The embarrassment, distraction, and
hazard of collisions. growing out The exer-
else of The power thus reserved 10 the
States respectively 10 regulate their com,
nierce with foreign nations and with each
Other, were so great and alarming, as, in
the opinion of the reflectinS and patriotic.
TO demand speedy aud effectual remedy.
aud contributed, more than any other
cause, to the calling of the convention
which formed the constitution, as is well
knowp. Care was accordingly taken TO
apply elIectual remedies, as might be ex-
pected, by delegaling 10 the newly formed
government the exclusive power Of reeu
laling The commerce Of the States with
foreign na,ious aud with one another. and
prohibiting, without qualification, the
State iron, entering into any treaty. al
lance, or confederation, as has been stat
ed. But equal care was al the same time
taken not To extend the remedy beyond The
evil. Aud hence the restriction whch>
limits The pow er to regulate commerce to
the exleraal relations Oft the States with
foreign nations and each other, 10 the ex-
clusiOn OF their internal commerce, as the
evil to be Iemedieh resulted wholly from
the one aud moi at all from the other.
"Having now shown what is The reslrlc-
ton imposed on The power by the terms
"among the STATES" your committee Will
next proceed to consider what power Is
conferred on Congress within that reslric.
ton by the terms ITO regulate commerce.
eThey are Of the opinion, after due re-
Election, that they confer on ii all the pow
ers which, by fair interpretations, belong :.
ell 10 them, as fully as the States them.
selves possessed it, except such, ifthere I've
any, as may he prohibited by the conslltu-
lion from being exercised, eilEer expressly
orimpIiedIy. Tint they confer on Con-
eress all the power 10 regulate commerce
p,iilheach plsier. .aiLh hat exc option would
SEER 10 sSe s6 eaf isfhard:y so adf:iit or
doubt, as the words 0y which il is de'esa-
ted are used without qualification or con-
tilion. But, If there should be room Tor
luubr, i, would he removed by udverIlns
10 Inc reason FIR delega'ng The power. II
was mol 10 limit or prohibit il as power
of dangerous characlce, and which, on
thar account, ought 10 hc restricted or pro-
hibited. Onlhe contrary, it was regarded
as Que Of the utmost utility, and on the
proper control Of which The prosperity OF
the States essentially depended; and II
was accordingly for The purpose ol obtain
irs such cuniroI, as well as TO prevent col
Iisiaa amun. tic States, and not TO restrict
nr prnIIii,l ii, that it was delegated to =.
federal government, as their comIp, ~,
preventative and organ, in lheign .,""' ~"
relations with each other any J",I; u" Ia.
,ions. When i, is adde, Ia. suci' s,,: - az
mu,ed 10 he ,be ,rue co/fruct'"n IN re'eT'
''.a'e. :, ,ha " ,',,., . I'd that The phrasedlo'
e"'f :" 'ha ,"' sn"'oIM .M reference 10 both, 1t
~ Il, 10 'ae 'eor a,~ssxclude The possibility of
Ia','' I""'' a.. rs heing so asu i'll reierenceIo
r"a'r' ,na G./3er. %1 The only difference between
,,,ItSo I cases is, that the power is divided
Itii III its exercise between the aw-mahinS
and treaty making organs Of the govern
III lent nresuIaling commerce with foreign
nations, while in that of regulating it IA
mona the States il is vested exclusively IN
the law. making, as from necessity II must
he, where the uca'y'power amo q federal
STATES is delegated 10 their common gov
ernment.
.slr remains uow to ne considered what
power would fair Interpretation OF the
terms ''regulate commerce." confer on
Congress Or, 10 express i, more fully,
what power did the trainers of the conslI.
lu,ion intend to delegate toll ir using those
terms! Your committee regard il as FOR
,unale that, l., their endeavor 10 ascertain
what power they intended 10 delegate,
they are not thrown on the vague meaning
of the terms as used in common parance.
There are few words in the language, when
thus used, more vague than the verb 70
regulate. IL has. as commonly used, all
me shades oi meaning. from The mere
power of prescribing rules TO that OF hav.
iue absolute and unlimited control over
the subject To which it is applied. Norris
tie term commerce free from ambiguity
when So used. II sometimes means trade
simply; and a, other, trade aud transit, or
navigation when The transit is by waller.
Bul The case is different when they are
applied 10 constitutional or legal subjects.
When so applied, their meaning is so
much more precise that they may he re-
garded as almus, technical. They occupy
,I,