Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-25
THE RICHMOND ENQUIRER.

IN
cornmerce or according 10 lis applicali,unn a.
common parance. Commerce tom 'oo ,,,nn nr or
smrrci. y critically signifies mutual seilns ~
traffic. and 10 ordinary and pracrcai accep.anun
il means trade, bargain, sale, exchanse oa oh
embracing these both as lis means anu 10
;ecrs Different and melaphorical sisnihc no"'
IT the term can doubtless be suggested oy Inse
NOUS jmaeinalions. Thus we read 10 sea ~
poet of CLOCKS commencing with Inc shies,
but this sublmaled application Oh .lle 400
would badly accord with lhe utdDs Of co.n.n.
in a mercantile sense, or WIN ihe W. INo,,
spirit OF this calculating and pfosaic age
~ ,.r.,s either d.
recly or necessarily upon any one VI - =, I'm
denis OF commcIce1 Does il look 10 .ne'n q,
Win regard 10 The tm,grant, this law INSTITUTES
no INQUIRY either as 10 MS pursuits VI ",S -
inns ar his propeuy. He may De P'no.o
nhrr an agIicul,urist, mechanic, 'i'e'."a"'
traveller, or a man Of pleasure nc u''J 49,,
ulent. or he may BE- pour-nohe =. VIZ 49,,
s,ano.a .4sct his admission. Il is required up
~ nc en,crino Inc State that there br pan ny "
49,, 49,; o;ven sum graduated upon caicuid-
,,on - hene6 Il, himself, and 10 Others siini'at-
IL situated with himself; OF, IL You choose' W ="
a calculation III advantage ~ me o'd"' o". y"
der whatever aspect, II IS Vie"eu Who'iS ~
nrrtiye ui properly 0! occupation. % id'' '"e"'
= DO on ;prapt himself Is considered, this lmpo.
siion Steers entirely clear OF ieSusa,'hs YIN
msrce in any conceivable sense: II IS literally a
lax upon a person placing himself VIM" =,
.pnere OF The taxing power aud The nature d""
character of the proceeding is III now'se chahs
rd where paymen. shall lie made bT the ildsei
III Inc vessel acting as Inc agen! ana on ur"d'
n me cmleranl Il would sli be purely dh ~
ercise OF The great indeteasiDle iisht ., dad
t,on which il has been explicitly sara oy ms
court would extend 10 eue,y spb1e.t, pu' loi 'ne
sric ion as 10 imports and exports imposed " ,ae
cnus,;,u,ion: riyhi, too, expressly declared !"
belong 10 a branch OF power wholly cliir'eh' nv"
me mower 10 regulate commerce, ana lofm,hs ~
mari OF that power. Thus, in IN" case OF uip'
bons Us. Ogden, 9Th Wheaton, 20l, ms cooll'
speaking OF The power 81 laying duties u IN
nusls on Imports or exports, make use VI '''
following language: "We think u very cied''
that II is considered ar branch OF 'he 'hAlnS
mower II IS 50 leaed in The Isl clause VI 'ne ON
section. Congress shat have power 10 Jay dhu
collect taxes, duties, imposls, ana e4eise', a"u
before commerce is mentioned The rule by whicn
the exeliion Of ibis power musI DC eo'elheu . w
clared |, is that all duties, impos's, and excuses
.hall he uniform. In a separate clause oil inc
enumeration. the power 10 regulate commerce IS
owen as being entirely distinct IRON The IlshI 10
ipyy taxes and imposis, as being nep Po0H no'
before conferred The constitution, inen cuiieiu-
ers these Two powers Gs subs0ntiue ana GIltnSs
from each Otte7, aud 81 places them ~ Inc emu
meraliun il contains. The power Of iilposi s
tu,,es on imports is classed with The power 10 y.
w taxes ana that seems To be lis ialuiai pinse
But the power u levy taxes could never De con-
sldsred AS abridglng he right ot The ota'es on
that subject, and they might consequently nave
exercised il by leyyng duties on imports OF e.
Dy,ts mad The CONSTITUTION contained no ploh'oi
non on this subject. This pioh iiion, men, y
an exception 10 the acknowledged PopcT % me
States 10 levy i0GesI net lTom me ques'iohhue
power 10 regulate commerce. AGAIN, W. '"e
same case, p. 200 il is declared that, There IS no
analogy between The power oil taxation ana me
nnNe1 10 regulate commerce" That The powers
are not me same Ihal there Is mel hef allhiy noi
resemblance b,lween lhem, llb. 10. us Nioi-
lows ex necessifate from this language mat l"e
ripht 10 regulate commerce mus. mean soine'hihs
essentially distinct and separate IRON inc power
TO impose duties or taxes upon imports ana thd'
The laer might exist independently oi dnu "itaou
The former. The assertion OF the court mere J
100 clear and emphatic 10 De disappearance;
and i, would seem 10 follow 10y regular
,ndnc,inn lhereirum, that AK direciy
upon The mas;ef himself 10 Gonsidetdloh
Of inc emgrants brought ~ MN wilh,n
the limits oil The Stale, could not DC I'M
IN the prohibition OF The constitution, unless muse
emipfauts could in legal or ordinary acctpsdl'oh
b. maze 10 tall within he meaning VI INT 'e''h
,,nnor,s This would be absolutely necessary,
and by A different CONSTRUCTION ne anihDf'y VI
q ,bhons and OGDEN would be wholly oyeIhrown.
II - said. upon he authority ol Gibbons and Og-
den. that commerce includes narigau0s As a
necessary means or INSTRUMENT. Lei hrs, As &C.
neral p,onositon be conceded still IL by no means
follows that navigation alacoys implies COM
meice and much less does Il foiton. nat me IN
sirum-nls III coiamefcc, SIMPLY 0tcause'heJ may
be 81 instruments, either As 6gen's or as properly
are IL b. wholly exempted lrum burdens ihIntH'
10 all other subjects U social polny VIII MOI con
TEND that Ike nasier his vrsse and his mariners
and passengers are net all subject 10 proper Trsu-
laIions of commerce enacted ny Congress; me
prOpostions mainta IN are these: ina regulations
OF commerce do rot embrace taxes On any or on All
The subjects al o2e named, rxaced within Inc Ius'
snhere 81 me power imposing hrm. Thus. then,
the assessment made ny New York is purely la1,
moi regulation OF commerce; bur il is nor d tax
nm imoor,s. unless Passengers can be brought
within this denomination; il they cannot, il IS a
TAX simply on persons coming within The Juris-
6ictIon OF the tag ing power. And VINO shall deny
or control this sovereign alt!ibI;e when opefat,
mo within lis legitimate spheres When and BY
whom shall any rrs riciion he put upon u beyohi
thr pDint 10 which II has bren Voluntarily and tx
nr.ssv conceded by he constitution And his
p,,n,. il IS sad by me decision al Gibbons ahG
Oeden, is established singly aud deie; Intimately IN
me prohibition 10 impose lakes 90 iiGpcfls--
Win regard Il this essential and sovereign power
OF taxation, II may be proper here 10 advert 10
| The cauiicn with which II was granted, and the
o.chx Ipf IN.
! wards any and every aPprehentcd encroaCh-
NOM upon il by The constitution when il was IL
| Tered tor adoption. Aeaint such DREADED CT
| croachment were pointed me Of lhe most sticn-
| mons directions OF The cpponens OF The new 90.
| yernnent. They insisted hat revenue was a
rrauisie To- Inc purposes OF the local adminIsia-
| mons as 10 those oil The Unio"; and lha! the tot
neI were Al lra>l OF equal importance WIN Ihr
| lauer to the happiness Of the people. That II
was therefore a necessary that The ) ate COVE n
ments sh0ult be- able 10 Command the means al
SURVIVING their wants, as that the national 90
yernu!rbt should possess The IKE means IN re-
| pee, 10 the wants 81 The Union; and lhey sad
| mat, as INC laws OF ihr Union were 10 become
Ine supreme law Of The land. and As The national
| government was 10 nave power u pass al iaU>
necessary Tor carrying inn execution the an
hvri.les with which il vas proposed 10 YES
| ABOLISH he iaxe. imposed iof state o'l"cs, unon
hr prcience oi an interference viii us own =
The objections JUS stated, aud the feeling II mis-
trust in which lney had their origin the adso-
cafes of the constitution found il Indispensable a.
e,nove, hence il is. that IN toe Fedrralis VI
| fDu .everal numbers Of that able work devoted
particularly 10 the purpose ot recnnc'ins the *
iscncc Ot The power oi taxation ~ the federal 60
| yernmeni with lis possession AMI exercise on tGe
pati Of the States, and aotnine can be more cx.
plicit than Is The admission contained III tte>" pd-
pers Of the ntependen, and unqualified power II,
| The Safe, IN reference 10 mis- subec'. In
| the 32i number OF the F,dtraisi, Ii. W.T.
Ter .hus expresses himself: II am WI
| linz here 10 allow III It's iuii extent inc Jusn
OF the reasoning which requires mat lhr lndiYi-
| Qua. States should possess an independent aud
uncomfortable anhnriiy 10 raise lheif own r.
venues Tor he supply OF their own wants. And
making this concession, | affirm (wilh the *
cepiion OF duties on Imports and cxpur's) hey
would, under The plan OF he Convention, fe'arn
mat authority in the most absolute and unqualified