The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-12-16


throughout the United States and in the intercourse be-
wee the States themselves duties OF any KIND were h-
posed other than between different ports ana counties
within the same State. ue
'This view is supported by series of measures, all OF
marked chssaeter preceding the adoption OF the oon,I
the States in the United States power 10 levy
duty o. five per cent on all goods imported rom iSe,g
years In 1888 this recommendation, with alterations as 70
the kind of dates and extension Of this term to twenty
five years, repeated and more earnestly urged In
1854 it recommended to the States authorize Con-
gress prohibit under certain notifications, the npora-
lion of goods from foreign powers into the United States Tor
fifteen years In 1855 the consideration of the subject
resumed, and proposition presented ~ new form, win
address the States explaining fully the principles on
which grant of the power regulate trade deemed
Indispensable In 1856 meeting took place at Annapolis;
OF delegates from several of the States this SUBJECT and
their report the convention formed at Philadelphia
the ensuing year from all the States 10 whose deliberations
we indebted for the present constitution
"ln of these measures was the subject OF internal
improvement mentioned glanced at Those OF l'ol
and eaang step by step TO the adoption OF the con
tuton, had in view only the Obtaining of power 10 na-
BILE Congress regulate trade with foreign powers IL Is
manifest that the regulation ofrade with the severo states
was altogether secondary object suggested by and adopt
ed in connection with the other lfihe power necessary to
this system OF improvement included under either branch
this grant should suppose that the hrst rather man
tue second The pretenson to 1t, however, under that
branch has never been set up In support OF the claim un
der the second reason has been assigned Which appears
to have the least wei ght."
Such is brief history of the origin progress and con
sequences of system which for than thirty years
after the adoption of the constitution unknown. The
greatest embarrassment upon the subject consists the
ton of the constitution and the presidents which are
found in the legislation OF Congress in later years Presi
dent Jackson in his veto of the Wabash river bill, de-
clares that o inherent embaassmens have been add
ed others from the of legislation concerning
it, In his vetoes the Alaysvle road bill, the Rock
vile road BILL the Wabash river bill, and other bills OF
like character, he reversed the pecedens which existed
prior TO that time the subject OF internal improvements
When experience, observation, and reflection have
convinced us that legislative precedent is either I'M
No express grant OF this power is found In the consul
tuition Its advocates have differed among themselves as
10 the source from which is derived incident In
the progress of the discussions upon tins subject the pow
er to regulate commerce to be chiefly relied
upon especially in reference 10 the Improvement of har
bors and rivers.
In relation to the regulation of commerce. the language
of the grant in the constitution is Congress shall have
power TO regulate commerce with foreign nations and
among the several States, and with the Indian tribes +"
That to regulate commerce. does not 10 make
road dig canal, clear out river deepen har-
Dor, would to be obvious to the common under
standing. To regulate" admits atirms the pre-ex
stence of the thing to be regulated. In this case II
presupposes the existence OF commerce. and OF the
means by which, and the channels through which, COM
merce carried 1t Coniers creative powers 1t only
assumes control that which may have been brought
into existence through other agences-such as State
legislation, and the industry and enterprise oil individuals
II the definition of the word regulate include the
provision of means carry commerce, then have Con-
gess not only power to deepen harbors clear out rivers
dig canals and make roads but also TO build ships, rail-
road cars and other vehicles all of which necessary
TO commerce. There Is middle ground II the pow
er to regulate be legitimately construed into
power 10 create or facilitate then not only the bays
and harbos, but the roads and canals, and all the
means of Transporting merchandise among the several
States, put at the disposition OF Congress. This pow
er to regulate commerce was construed and exercised I'M
medaely after the adoption OF the constitution, and has
been exercised TO the present day. by prescribing general
rules by which commerce should be conducted. With
foreign nations has been regulated by treaties, defining
the rights of citizens and subjects, well by acts of
Congress imposing duties and restrictions embracing
sells seamen, cargoes and passengers 1t has been egu
lated among the States by acts OF Congress relating to the
coastng trade and the vessels employed therein, and for
the better security OF passengers IN vessels propelled by
steam and by the removal of all restrictions upon internal
trade 1t has been regulated with the Indian tribes, by
our intercourse laws prescribing the which it
shall be carried Thus each branch of this grant of
power exercised after the adoption OF the
suton and has continued to be exercised to the present
day If more extended construction be adopted it is
impossible for the human mind to fix on limit to the
exercise of the power, other than the will and discretion
of Congress 1t sweeps into the vortex OF national power
and jurisdiction not only harbors and inlets rivers and
little streams but canals, turnplkes and raroadsevery
species of Improvement which can facilitate or create
trade and intercourse with foreign nations, among the
1 several States, and with the Indian tribes"
Should any great object OF Improvement exist in our
wdey-cxtended country which cannot be effected by
OF tonnage duties levied by the States with the
concurrence of Congress, is safer and wiser to apply to
the States the mode prescribed by the constitution. for
amendment of that instrument, whereby the powers OF
the general government may be enlarged with such limit
atoms and restrictions experience has shown to be
proper than to and exercise power which has
not been granted or which may be regarded as doubtful
in the opinion of a large portion OF our constituents.
This course has been recommended successfully by Pres
idents Jefferson, Madison, Monroe, and Jackson and
fully with them opinion. If an enlargement of
power should be deemed proper will unquestionaby be
granted by the States; if otherwise it will be withheld
and in either case, their decision should be final In the
meantime, deem proper to add that the investigation
OF this subject has impressed me more strongly than
with the solemn conviction that the usefulness and per-
manency of this government and the happiness of the
millions whom it spreads its protection will be best
promoted by carefully abstanlng from the of all
powers not clearly granted by the constitution
JAMES X POLK
| WASHINGTON, December Is, 1Si7.