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

The general power Intercourse and commerce with
foreign nations. But Is this commerce carried on
only 10 the seas bays rivers, and haTbors of foreign
natonsl And if il were SO, what would Congress
have to do with ~ Can our laws operate he
yond the territorial limits Of the Union i-exert
any binding force in foreign seas, bays, rivers
or harborS No, sir; the only authority TO make
4 provision for the regulation of our commerce with
them IS eonhded to another department Of the
| government, the ereeuiirs, with the concurrence OF
The Senate, and Is the treaty-making power. IT.
then, The action OF the power TO regulate commerce
with foreign nations Is not here, Sin our own coon-
Try" and within the limits Of any State the entrance
10 the harbors OF which difficult aud unsafe from
partial and temporary distractions, where, ask, 10
ITS appropriate theatre Has any sphere Of action
4 whatever While, therefore, may very well sd-
MT that the object TO be accomplished by the general
power ITO regulate commerce with foreign nations
sflrnai, yer inc place OF action Of the particular
4 powers, where the means adapted To its accomplish
ment must be used and by which alone the pur.
| poses OF the power be Kratihed, 10 tnlsrusI
Mr.. Chairman, the error in tho argument Of my
honorable frsnd-I say with the utmost Differences
70 ms superior powers and more enlarged sxpsu.
enoe-srises, u seems 70 me, from confounding ihe
place Of action OF the power whsrs tho means NAV
DO employed, with the object 10 be accomplished
he denies thar power conferred for an sxtsrusI oh.
jet can be directed TO the attainment of an iass,yai
one; thus ..cnbing all mean. % which the govern
msnt may have recourse for improving ths nAvisa-
uon and thsrsby faeitaiins nsrisuls eonnssros. 70
oblocts which are trfsrusi.
But, sir, this IL not the case. | would not con.
trovert the gentleman proposition, that power con-
eed for sItsrnsi could not be directed 10 Internal OBJ
Jects, and yet the question 10 still open as To whether
particular Improvement Of harbor undertaken by
the government for Internal external purpo.es
The fact that the harbor within the limiis Of
| single State, could not In any manner affect the
question III commerce with foreign nations i. car,
RED on In that hsrbor, or If il be desirable In a mo-
tiona point Of view, that il should be carried on
| there, and the Improvement is made to afford il
greater safety or facility, the object according 10 nv
honorable friends own dihniuon, would clearly be
erferRa II hence results that the fact of the locality
Of the harbor in which the Improvement 10 made
cannot determine the object whether internal or ex-
ternal; and so far 1t indicates either insist thai
II the harbor is one in which commerce with foreign
nations Is carried on, bound 10 infer that The
object Of the government Is to promote that COM
merce.
And, Mr. Chairman, as nv honorable friend. from
Alabama seem partial TO the expositions Of the pow
ers OF this government contained in those articles Of
the Federalist written by Mr.. Madison, | will
read few lines from the 44,h number of that
work which lucidly explains the error in the
argument Of my friend, lMr. PAYNE Mr..
Madison in that article says ain every new
application Of a general power, the particular po,o
sr which are the means Of attaining the object OF the
general power, must always necessarily vary with
that object and be often properly varied whilst the OBJ
ject remains the same!" Here then is the authority
OF my friends on the other side of the question: for
the distinction | have urged. The regulation of
foreign commerce is general power and its object
confessedy external; the particular 20 wers in Ibis
instance, TO remove temporary instructions Of the
entrance Of our harbors often vary, always neces-
sariy with every new application Of the. power,
while the object remains The sssx. So that il the
provisions OF this bill contemplated new applca
ton Of the general power conferred on us by the
constitution In relation to this subject instead of a
familiar and ordinary one, il would not follow thai
the object Of the general power had been perverted
therefore, submit, SIR, that under those words in
the constitution we have the authority to remove
partial and temporary distractions to the entrances
Of our harbors, where maritime commere il carried
on whenever necessary for its greater security and
moro successful prosecution. sr. :,rs 40 ~
But Mr.. Chairman, al the attention Of the COM
mttee has been directed by the honorable gentle
man from Alabama Mr. PAYNE,l TO the old confed-
GRAFTON, beg to make remark upon the subject.
! admit, sir, that the utter ineAiciency Of the
consideration was not so deeply felt. or 30 gene
rally acknowledged in relation to any one sub |
ject as that which concerned the regulation of COM
merce; not only the want of uniform rate of inn
posts throughout all the Statss but general COM
mercial systsm which should afford all thoss hcili- |
ties 90 much nesdsd for its growth and expansion.
And the convention being sensible that these i'm
portant ends could only be attained BY yestine the
whole power over the subject in angle dspositary
where It would be exerted for the general benefit
drafted the Sd clause, 9Th section, lst article OF the
present constitution This clause clothed the Como
raj government with all power Of regulating mari
time compcrce with foreign nations and among the
several States, which was thon possessed by the |
States in their separate sovereign capacities What
then, sir was the nature of that power, II was su
preme absolute sovereignty over the subject and
under which the States had already, and to the ex-
tent Of their separate slender means, afforded all the
facilities they could to commerce, by the erection of
PIERS buoys beacons, and lighthouses. The grant
then being OF power perfect as to the objects II
Misunderstanding all reservation Of right on the
part Of the States to participate in its exercise
must insist, sir, have conferred on the general |
government complete, supreme power over the |
commerce to be regulated; and constituent part
of such power, the right to afford those facilities
necessary for it's security and protection. ysl#s
For what purpose, then, Mr.. Chairman, was this |
power conferred on the general government, let me
ask, as the honorable gentleman from Alabama !
Mr.. PArNE] has, What was the object and de- !
sign ofthe States that made the grant Was merely
enable Congress, as that honorable gentleman suppo-
ses, ITO prescribe the rules by which tho interchange
accommodates between the several States and foreign
nations should be reguatedF' think not sir. be-
lieve that the States not only intended the general
government TO do what the gentleman supposes but |
also to exercise general superintendence over the
whole subject, they did before surrendering the
power. 10 adopt measures for the security and |
promotion of maritime commerce, as well that |
prosecuted among the several States, as with for
eign nations; and with that view, make approprsr
oas from the general treasury for the Improvement
or preservation of harbors indispensable or neces-
sary TO relieve its urgent general wants. This,
Mr. Chairman, was an object of deep concern to the
States then actively engaged in commerce, and when
they surrendered the power TO this government,
knowing that it would be able 10 command
ample means, they must have expected that II
would employ some of them to advance, FOSTER and
cherish their maritime commerce, then in its in
fancy, but anxiously and confidently looked to as
one OF the prolific sources of the future prosperity
power and greatness Of the republic. And, sir, 1
refer my honorable friend Mr. PAYNEl to the con-
duct of the States, while they retained the
power, in afording all the facilities to this com.
merce, which their limited means and PROSTATE
credit would allow, and which speaks Ian
air, what motive could have existed at the |
moment of the transfer Of this power from the |
States 70 the federal government, for circum-
scrbing its ordinary and accustomed rangea-l
Il. ..l.z