Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-07-24
COMMERCE AMONG THE STATES.


exercise by the Government of the power of inter
nal improvement. The editor of the official iourna
in particular, by way of sustaining the doctrines
Of the Veto of President Polk, has occupied seve
raj numbers of his paper with repetition of the
almost forgotten quiddities of construction con
suued," and other antique Virginia authorities
which it would have been more charitable to per-
nit to slumber undisturbed on the shelf The folly
of this resuscitation of antiquities, on the part oil
the government editor, is rendered the more signal
from his having selected the letter of Mr.. WEBSTER
TO the Chicago Convention as the text for his ucu-
bratons-aselectionc certainly more commendable for
its holiness than It's discretion The opinions offered
by Mr.. WEBSTER in that brief letter. naked and I'M
argued they are, have all the force of selfevdent
truths and will be found as impregnable to the
shafts of the editor Of the "Union" as the same
opinions proved in the Senate to the best abilities of
the atest champions of the " srict-constructon F"
school. The fact is, that the common sense of this
practical age has settled these questions irevocaby
against the school of abstraconists, and we hardly
know of one in the whole range of constitutional
powers of which ii were now more needless to enter
on primal argument. As, however, the editor Of
the "Union" has taken occasion to re-assert
opinions which it devolved upon us years ago
and oft to controvert and expose, we will briefly re-
peat some of the more obvious arguments on the
other side, in respect to that branch of internal i'm
provement had in view by the Chicago Convention.
The Constitution of the United States declares
that 1" Congress shall have power to regulate com
merce with foreign nations, and among the several
States, and with the Indian tribes"
Under this power Congress have not only regu-
lated foreign commerce, by imposing duties upon
articles of foreign growth and manufacture, but
they have legsated upon all the exigencies arising
out of an enlarged commercial action. The in
struments of commensurate as the vessels in
which it is carried on; the papers which identify
and give character to the cargo the duties OF the
men who workthe ship; and, in short, every thing
which pertains to commercial intercourse with
foreign nations, subject for national legislation.
But the power is not limited to these objects. 1t
has been exercised on the seaboaid to enlarge our
harbors and make them safe, by the construction of
piers, breakwaters, and other works Lighthouses
have not only been established at our Atlantic har-
bors, but on our sea-coast, as guides to our YES
sells. The pilot laws of the States hate been adopt
ed by Congress, which make them, IN effect, ma
tlonal acts. All this, and much mo,e has been
done under the general power to regulate foreign
commerce.
Nov the question is, whether this sane power
he ayarcispd in tho rarul,t;o, AZ ,ar,,,o..o
8 among the several States" The power is given
in the same sentence, and in words of the same i'm
port and, unless there be something in thereserved
powers of the States, or in the local circumstances
of the case ii may be exercised to the same extent
Before the adoption of the Constitution, counter
acting commercial regulations were made BY The
respective States which excited local hos.ilitles
that endangered the peace of the Coniederacy.
This was one of the principal causes which led to
the formation of the Union. In the Constitution
the object is declared to be I" in order to form a
more perfect union, establish justice, ensure do
nestle tranquility" sc. The power to regulate
commerce among the several States " being vested
in Congress, the same power cannot be exercised
BY State, or by any number of States less than
the whole, and in the form authorized by Congress
A State may regulate its own internal commerce
of the Federal power. The words
. among the States " limits the National power I'd
two or more States. And it may be admitted that
Congress cannot among the States, adopt any CON-
mercial system which shall operate unequally.
They cannot raise revenue to the Union bv tax
ing articles imported from one State to another.
By the fifth clause of the sixth section of the Con-
stituton it is declared that no tax or duty shall be
laid on articles from any State" &C., and vessels
bound to or from one State shall not be obliged to
enter, clear, or pay duties in another"
In our foreign commercial relations we adopt,
either by treaty or legislation, such regulations as
are deemed polite and just with nation, without
regarddo other nations. The States OF our own coun
try, in regard to this power are unit, and stand
upon an equality. But, whatever differences there
may be in the Federal exercise of the commercial
power with foreign nations and among the several
States " in respect to the imposition of duties and
other matters, there is none in regard to the fac-
ties Of commerce. Lighthouses may be placed
upon our lakes, bays, and rivers, the same as upon
the sea-shore and the Instructions to commerce
may be removed, and harbors opened and improv
ed, i'll the one case the same as in the other.
II Congress may construct breakwaer over
the Delaware to protect orr vessels tlo,y ,,,Y, l.,