Juliet signal. [volume] (Juliet [i.e. Joliet], Ill.) 1844-1???, 1848-01-11

arc unaDie 10 give LOT Inc want OF ToOfh.)
s Such is a brief history OF the origin,
progress. and consequences Of a system
which for more than, 80 years after,tbe a.
doption Of the constitution was unknown.
The greatest embarrassment upon the
subject consists in the departure " hich has
taken place from the early construction of
the constitution,and the precedents which
are found in the legislation Of Congress in
later years. President Jackson in his veto
ofthe Wabash river bill, declares that s'to
inherent embarrassments have been add.
ed others from the course OF our legislation
concerning it." In his vetoes on the
Msysvi.le road bill, and other bills of like
character. he reversed the precedents
which existed prior to that time on the
subjec, of internal improvements. When
our experience, observation, and reflection
have convinced us that legislative prec-
edent is either unwise or unconstitutional,
il should not be followed c0 h.s2v aW
No express grant Of this power is found
in The constitution. Its advocates have
differed among themselves as to the source
from which it is derived as an Incident
in the progress of discussions upon this
subject, the power to regulate commerce
seems now to be chiefly relied upon. es-
Peciallyin reference to the improvement
of harbors and rivers. p
In relation to the regulation Of com.
merce, the language Of the grant in the
constitution is, "Congress shall have pow
er to regulate commerce with nations and
among the several Safes. and with the In
dian tribes" That"to regulate commerce"
does not mean to make road, or deepen
a harbor, would seem to be obvious to the
common understanding. To"regulate" ad-
mits or affirms the pre-existence of the
thing to be regulated. In this case, it
presupposes the exstance ofcommerce,&
of course the means by which, and the
channels through which, commerce is car.
ried on. 1t confers no creative power;
it only assumes control over that which
may have been brought into existence
through other ageRcies-such as State
Legislation, and the industry and enterprise
of individuals. If the definition of the
word "regulate" is to include the provis-
ion of means to carry on commerce, then
have Congress not only power to deepen
harbors, dig canals, clear out rivers, and
make roads, but also to build ships, rail-
road cars, and other vehicles, all ofwhich
are necessary to commerce. There is no
middle ground. 1.-THE power to regulate
can be egitimately construed into power
to create or facilitate, then not only the
bays and harbors, but the roads & canals,
and all the means'of transporting mer-
chandise among the several States, are
put at the disposition of Congress. This
power to regulate commerce was con-
strued and exercised Immediately after
the adoption of the constitution, and has
been exercised to the present day, by
prescribing general rules by which com
merce should be conducted. With for
eign nations it has been regulated by
treaties, defining the rights OF citizens and
subjects, as we'll as by acts of Congress
imposing duties and restrictions, embrac-
ing vessels, seamen, cargoes and passen-
gers. 1t has been regulated among the
States by acts of Congress relating to the
coasting trade and the vessels employed
therein,and for the better security ofpas-
sengers in vessels propelled by steam,and
by the removal of all restrictions upon in
ternal trade. 1t has been regulated with
the Indian tribes, by our intercourse laws
prescribing the manner in which it shall
be carried on. Thus each branch ofthis
nra nf
the adoption of the constitution, 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 dis,
erection of the Congress. 1t sweeps into
the vortex of national power and jurisdic.
ton not only harbors and inlets, rivers and
little streams, but canals, turnpikes, and
rai!rodes--every species of improvement
which can facilitate or create trade and
intercourse "with foreign nations, among
the several States, and with the Indian
tribes" e.&l -# r.H'
Should any great object of improve
ment exist in our widely extended coun.
try which cannot be effected by means of
tonnage duties, levied by the States, with
the concurrence of Congress, it is safer
and wiser to apply to the States. in the
mode prescribed by the constitution, for
an amendment of that instrument, where.
by the powers OF the general government
may be enlarged, with such limitations
and restrictions as experience bas shown
to be proper, than to assume and exercise
a power which has not been granted, or
which may be regarded as doubtful in the
opinion Of a large portion of our constitu-
ents., This course has been recommend
ed successfully By Presidents Jefferson,
Madison, Monroe, and Jackson; and |
fully concur with them in opinion. If an.
enlargement of power should be deemed