Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1846-08-19
VOL. II.
CONTINUED.
Mr.. CALHOUN made the following
REPORT:
Go accompany bill S, No, 2l6.)

The Special COMMITTEE, 10 Dhom eodS re-
ferred the immortal Of the Memphis
Connection, hare had the same under
consideration, and submit for the con-
sideration Of the Senate the following
report;
Having now shown what is the restric-
ton imposed or the power by The terms
"among the States" your committee will
next proceed to consider what power IS
conferred on Congress within that restric,
ton by the terms "to regulate commerce. )"
They are Of the opinion, after due re-
Acctian, that they confer on it all the pow
ers which, by a fair Interpretation, belong
ed 10 them, as fully as the States them
selves possessed it, except such, if there be
any, as may be prohibited by the constr
tuition from being exercised, either ex-
pressly or implicitly. That they confer
on Congress all the power TO regulate com
MERGE with each other, with that exception,
would seem to be so clear as hardly to ad-
nit of doubt, as the words by which II Is
delegated are used without qualification or
condition. But, if there should be room
Cor doubt. il would be removed by adver-
,no IN the reason for delegatlng the pow
I, was not to limit or prohibit It as
mower of a dangerous character, and which
on that account, ought 10 be restricted or
nrohibited, On the contrary, II was re.
garded as one of the utmost utility, and
on the proper control Of which the pros
oeritv of the States essentially depended;
and !, was accordingly for the purpose OF
attaining such control, as well as to pre-.
ven, collision among the States, and not
10 restrict or prohibit it, that it was dele
gated to the federal government, as Their
common representative and organ, IN thelr
exlernal relations with each oiher ana
Grieyn nations. When it is added that
,pch is admitted TO be the true construc'
,inn in reference 10 the latter and that the
phraseology is the same 10 reference 10
both. i, would seem to exclude the POSI-
4 bilitv of doubt as to its being so also IN
4 ,eference 10 the former. The difference
4 between the Two cases is, that the power
] is divided in its exercise between the law
making aud treaty making organs oil Inc
4 government in regulating commerce VIII
nreign nations, while in that Of regulating
namoDg the States il is vested exclusive
~ in the aw-maklng, as from necessary
l must be, where the ireaty-power among
4 federal States is delegated to their com
mon government.
Ii remains now to be considered wha
power would fair Interpretation oil tn
Terms "regulate commerce" conter NJ
Congress1 Or, to express 1t more iul'y
what powers did the trainers oil me consul
tuition intend to delegate to 1t IN usln!
those terms1 Your committee regard
as fortunate that, in their endeavor I
ascertain what power they intended To
telegate, they are not thrown on The vagu
meanings OF the terms as used IN commo
parance. There are few words in th
language, when thus used, more vagu
Than the verb 10 regulate. 1t has, as con
m nIy used, all the shades of meaning
from the mere power of prescribing rule
to that OF having absolute and nnllmlie
control over the subject to which 1t IS af
plied. Nor is the term commerce ire
from ambiguity when so used. II som'
lines means trade simply; and at othe
trade and transit. or navigation when u
transit il by water. But The case is ditie
ent when they are applied to constitution
alor legal subjects. When so apple
their meaning is so much more precl!
that they may be regarded as almost tee
meal. They occupy large space pom
our own code OF laws, and that OF II
country from which we derive our orig
and language. And what contributes st
more 10 the precision Of their meaning
that they occupied prominent pa,
in the discussion which proceeded and Il
10 the Revolution that seperate the "
countries, particularly as il relates to u
dstncion between the power 10 lay tax
and that to regulate commerce. Inc II
ter was admitted, belonged TO the pare
country, while the former was denied a
tssisted. Many Of the trainers of The ca
slution, who we're able statemen a
Y earned lawyers, took an active part
9 ibis discussion, and were familiar with I
n meaning Of the terms, as pollucally a
J. egally applied at the time. Under su
y circumstances, it is a fair presumption Il
musing them, in which they had been
= telega,ing the power, they intended TO
zach meaning to them similar to that
nc which they had been in The habit oil e
pcying them in their political dlscusslo
snd in which the States had been acc
= timed TO use them in legisating on
r. subject Of regulating commerce PRIOR
re. and subsequent to, the Revolution.
Assuming such 10 be the case, y
Committee arc hrouoht IN the ouesti