Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-12-21
'.7|II RICHMOND ENQUIRER.

goods or vessels OF foreign Power 10 coun'ervah
the regulations of such Power, the next acIoinihs
States imposed Lighter duties 10 invite those aIlicies
into their ports, that they might be transferred
thence into the other States, securing Inc du'ies 70
themselves. This contracted policy IN some Oh 1ne
States was soon counleraced by Others Reslrain's
were Immediately laid on such commerce by Inc
SOLDERING States; and thus had grown up STATE OF
affairs dsorderly and unnatural, The tendency oil
which was TO destroy the Union it.elf, and with II
all hope of realizing those blessings which we
anticipated from the glorious revolution when
had been so recently achieved From This Gepio-
rable dilemma, or rather certain ruin, We were
happily rescued by The adoption OF The Conslilu-
lion.
"Amo. 9 the first and most important effects OF
this great evolution was the complete abolition
Of this pernicious policy. The States were
brought together by The Constitution, as TO COM
merce, into one community, equally in regard 10
foreign nations and each ether The regulations
that were adopted regarded US IN both respects as
one people. The duties aud impo>Is that were
laid on the vessels and merchandise Of foreign ma
tions were all uniform throughout the U. ; aIes,
and in the intercourse between the States ih.m-
selves, no duties of any kind we're imposed other
than between different ports and counties within
the same State
"This view is supported BY series OF mea-
sures, all OF a marked character preceding The
adoption Of the Constitution. As early as The
wear 1871, Congress recommended il 10 the States
to vest in The United States power 10 levy duty
of five per cent. on all goods imported from TO-
reign countries into the United States for the term
oil fifteen years In 1853 This recommendation,
with alterations as 10 the kind OF duties, and an
extension OF this term TO twenty-five years. was
repeated, and more earnestly urged. In 1854 il
Ial thaC
gress 10 prohibit, under certain notifications the
importation OF goods from Foreign Powers in;o
the Unifed States for fifteen years. In 1875 the
consideration of the subject was resumed, and
proposition presented in a new form, with an adj
dress to the States explaining fully The principles
on which grant OF the power 10 regulate trade
was deemed indispensable. ln l7o6 a meeting
took place at Annapolis Of delegates from several
of the States on this subjec', and on their report
the convention was formed at Philadelphia the
ensuing year from all the States, 10 whose deli
berations we are indebted for the present Consli-
tuition.
"In none of these measures was the sublec, OF
internal Improvement mentioned or even glanced
al Those Of 1884, 5, g. and 7, leading step by
step to the adoption oi the c0nstniiOn had in
view ony the Obtaining Of power to enable
Congress to regulate l!ade with foreign Powers.
several States was altogether sscon,!af" object,
suggested by and adopted in connection with The
ether II the power necessary To this sysiem OF
IMPROVEMENT is included under either branch o!
This grant, should suppose that il was The first
rather than the second. The pretension 10 ii,
however, under that branch has never been set
up In support III The claim under the second no
reason has been assigned which appears 10 have
the least weight"
Such is brief history OF the origin, progress,
and consequences OF system which Tor more
than thirty years alter the adoption Of the consti-
ulion was unknown. The greatest embarass.
ment upon The subject consists in the departure
which has taken place from The early consruc-
ton Of the constitution and the precetens which
are found in the legislation of Congress in lacr
wears. President Jackson, in his veto Of The Wa.
bash river bill, declares that "to inherent embar-
rassmenis have been added Others from the course
of our legislation concerning H." In his vetoes
on the Maysy:le road bill the Rockville road bill,
the Wabash river bill, and other bills Of like
character, he reversed The precetenis which eXis-
ted prior to that time on The subject OF internal
improvements When our experience, observa.
lion, and reflection have convinced US that le-
sislative precedent is either nnwise or unconsl-
tuionaI, il should not be followed.
No express grant OF this power is found in The
Constitution. lis advocates have differed among
themselves as TO The source ilosa which il is de-
rived as an incident. In The progress Of The dis
cussions uron this subject The power 10 regulate
commerce seems now to he chiefly relied npoH
especially in reference 10 the improvement, o
harbofs and rivers.
In relation 10 The regulation OF commerce, the
language of The grant in the Constitution Is,
Congress shall have power TO regulate com
mercc with foreign nations and amons the seYe-
raj States and with the Indian tribes" That 10
regulate commerce" does not mean TO make
road, or dig canal or clear out river, ar deep
en- hafbor, would seem 10 be obvious 10 the
common understanding. TO regulate" admits
or afiirms the pre.exis,ence oil The thing to BE-
regulated. III tnIs case It pie.,uppoees HE
isence Of commerce, and Of course the means
by which and the channels through which
commerce is carried on II conlers no Gre
alive power; il only assumes control over that
which may have been brought into existence
through other agencies, such as State lesisa-
lion, and the industry and enterprise oil ndivldu
ais. II the definition Of the word "rcgn'aie' is
10 include the provision Of means 10 carry On
commerce, then have Congress not only power
10 deepen harborS, clear out rivers, dig canals,
and m Ike roads, but also 20 build ships, railroad
cars, and other vehicles, al! Of which are necessa.
~ 10 commerce. There is no middle ground.
Ii the power 10 regulate can be legiimatcy con-
strued into power TO creaIe or facilitate. then
NO, only the bays and harborS, but the roads and
canals. and all the means Of transporting mer-
chandize among the several States, are put atlhe
disposition Of Congress. This power 10 regulate
commerce was construed and exercised imhlcd-
aiely alter The adoption Of The constitution, and
has been exercised 10 the present day. Oy PreScii-
bling general rules BY which commerce should b.
conducted. With foreign nations ii has been re-
,l,f,,.. It.f 81, at, t...ns
and sutcc.s as well as BIZ acts OF Congress i'm.
posing duties and restrictions, embracN. vessels,
seamcn, cargocs, and passengers. II has been
regulated among the States by acts OF Congress
relating to the coasing trade, and The vessels en-
ployed therein, and for the better security OF pas
scnsers in vessels propelled by steam, and by the
rc,roval Of all restrictions upon internal trade. Ii
has been regulated with The Indian tribes By our
intercourse la VS. prescribing The manner in which
il shall be carried on Thus each branch OF this
grant of power was exercised soon after The adop-
lion of the Constitution, and has continued 10 be
exercised to The present day. II a more extended
construction be adopted, it is impossible for he
human mind 10 fix on a limit TO The exercise oil
The power, other Than the will and discretion ol
Co1clcss. It sweeps into the vertex oil national
power and jurisdiction no, only harbots and in.
let's rivers and little streams, but canals, Turn
mixes and railroads-eveTy species OF improve
meDt which can facilitate or create trade and in
tercourse "wiih foreign nations, among the seve-
raj States, and with the Indian tribes"
Should any great object of improvement exist
in our widely extended country, which canot be
effected by means OF tonnage duties, levied by
the States, with The concurrence OF Congress, ii is
safer and wiser 10 apply 10 the States, in The mode
prescribed by the constitution, for an amendment
of that instrument, whereby the powers OF the
General Government may be enlarged with such
Limitations and restrictions as experience mas
shown TO be proper, Than 10 assume and exercise
power which has not been granted. or %hich
may be regarded as doubtful in inc onin'on OF
large norton Ct our constituents. This course
has been recommended successfully by President
Jefferson, Madison, Monroe, and Jackson, and |
fully concur with them in opinion. II an enlarge
ment ofpower should be deemed proper, it will un-
uucslonably be granted by The States; il Otherwise
i will be wilhheld and, in either case, their deci-
sion should be final. In the mean time, deem Ii
proper 10 add that the investigation of this subject