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

dence that il regarded har6oIs OF com
merce 10 be embraced in it, The FIRST alp.
preparation they have been able to- find
even for harbors forsshelter,3was made iu
1922. more than thirty years after the
commeucement of the government; and
that, at frs, only apthoriz ed 1.-The CON
sstruction oil iWo:p0biic piers, of sufficient
dimensions to. be shelter iovesselss from
ice." Theytefersto ttbe breakwaser= nea'
the mouth Of the Delaware. The uex1
appropriation was in 1928. TO survey the
Observation-Disclosures Preaque lsie,. on
Lake Erie, with the view of removing 90,
.strucIio1sgat ilss mouth. 1t was hot until
1927 that appropriations we're made pro-
fessedly for The improvement Of hagbors,
and not iii 1928, when a regular and ex-
pensive system was commenced oil con-
sructiug and improving them as a part
of the system. of internal improvement.
i&"Butas strong as these reasons are, there
is another still more So. drawn from the
nature Of The power and the early prac-
tice ofthe government. The power, az
has been stated, is restricted exclusively
to- The Regulation of the external com
tnerceof the States with each other, as
separate and distinct communities and
cannot. as such, act within the limits 0l
The Stalestbeyond what is indispensable 10
its execution. But so careful were the
framers of the Constitution 10 guard against
the abuse Of power, tina, they have not
left il conference TO determine to what
extent il is indispensable for that purpose.
They have, by provision Of the ihstru-
ment, fxedlhe eprecise limits. Your com
mittee refer 10 that already. cited, which
exempts vessels bound 10 or from one
Stale from being obliged 10 enter. Gear,
or pay duties in another; and thereby Sc
curing to that extent, and 10 further, a
free nsress aud egress Of the vessels Of
all the States within and from the limits
Of each other. But. with that exception,
,6e haibors Of a State are as completely
under TIM control OF the State, and as sub
iect TO its laws aud legislation. as any
other portion Of lis territory aud the ves-
sells of other States are as subject 10 Them
as those belonging TO lher, own citizens.
Strictly speaking, then. the power TO reg
ulate commerce among the States is a
power wholly inter alios 50 much SO, in
deed. as TO require this additional, or, as
i, may be fairly called. supplemental
power.to secure to the vessels of other
States the 'rghtto enter, TO clear, and be
exempt from duty, both in their ingress
and egress. The conclusion would seem
TO follow. irresistibIy, that power so
strict VI inter altos cannot be extended 30
as 10 embrace the improvement or con-
struction of commercial harbers. The
case Of harbors for shelter is different. They
relate directly 10 The safety Of commerce,
in its transit from State to Stale, and are
in character aud object the same as public
piers, and come, as such, Fairly under the
power to regulate commerce. The case.
is also differebt 10 reference. TO naval sta.
tious OF. harbors.. They corne under an.
other power-that "to provide and main
tain a navy lis'r ,'i' 'if'2s ~ - ~
BuLifadditiona evidence should he re-:
quifed 10 show iha. commercial aharbors
are NOT embfated by The power. another
sof the constituiion, and 4 ihe
practIceSof goyernmept und der ii, will fur; /
iit niist, "a lusiqes roof Your connIiifea
refer % tnaIWhich pre- 0yidss rTat mo State
shall, twitbou,S,he consent of Congress,
Law any inposts or duties on imports o.
duties on imports or exports. except what
NAV be absolutely necessary FOR exccu-
ting its inspection laws aud The net pro-
duce of all duties and ihposts laid by
any State on imports or exports shall
be fur lhe use Of The treasury Of the Uni.
ted States and all such laws shall be
subject to the revision and control of the
Congress. mo State shall, without the
consen, Of Congress, lay any duty on ton
mage" We find in this provision ma
terial difference between the power re-
served 10 the States to lay, with the con.
sent of Congress-, duties on imports and
exports, on lbe one hand, and On tonnage
on the other ln the former it is expressly
provided ha, the proceeds shall pass into
the treasury Of the United States, while in
the other is left without ahy such provis-
ion at the disposal Of the State imposing
them. There must be reason for the dis.
tinc,ion aud it would be difficult to assign
any otherihan that it was In'eHded 10 re-
serve 10 the States the power 10 collect
duties on tonnage, with the consent Of
Congress, in order 10 leave at their dis
posaI the money collected, to enable them
TO raise funds for some improvement inti-
ma,ely connected with the convenience Of
vessels in port, or to designate any one
more SO than the improvement Of the trar
Dor or port itself. We find. accordingly,
,ha, the power, as far as it has ever been
used blythe States. has been exercised ex.
clusively TO raise funds for that purpose.
aud that the consent Of Congress has been
freely given to acts of STATE legislatures
for such purpose. As early as 1900, the
consent Of Congress was given 10 an act
of the general assembly of Maryland.
which authorized the wardens of the port
of Baltimore 10 collect duty on any ves-
sci arriving atthe same, of sixty tons or
more, Of sum not exceeding two cents.
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