Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1851-03-01
State Independence.

State Independence.
Neither the pouer to lag and collect tar duties and
impoStS, " nor the po,oer to regulate commerce 1oih
foreiQa nations and aanonq the several States and aoih
the Indian trbes,' granted to Congress- inteeres rci
restraints the reserved sovereignty of the States
the subjects, matters Of internal police, do
nestle policy.
The cases referred to in our last paper, (for the
purpose of proving by judicial authority, that the
power of State taxation, when applied to goods
&c, introduced into one State from other States
or countries, is not taken from the States by the
Federal Constitution, related to that clause in the
Constitution regulating duties imports.
1t had been argued that the States could not
tax foreign goods, &c-that such tax would be
violation of that clause in the Constitution grant
ing the power to Congress "to lay and collect
taxes, Duties imposts and excuses, - and to that
power prohibiting the States from the exercise of
the same power. We have shown that the argu-
ment was answered in the debates relating to the
adoption of this clause of the Constitution, by the
cotemporaneous writings of eminent politicians and
jurists who aided in its formation and by repeat
ed judicial decisions. We resume the subject to-
day, citing decisions bearing more particularly on
the power g to regulate commerce" and showing
that this grant in the Constitution does not either
expressly or by implication, interfere with the
rights of the States, within their own limits, and
for domestic and internal purposes.
1t is fact well worthy of note that the COM
MERGE power contained in our Federal Constitu-
ton excited less jealousy the part of those ad-
vocating the rights of the States in the Federal
and States Conventions, than any clause connected
with that subject in the whole Constitution. 1t
gave rise to no discussion-no division. 1t was
not conceived by the honest open hearted, patri-
OTIS, (who were struggling, not as partisans for per-
sonal and political elevation, but for the public
good, that clause so simple and easy of compre
henson, could be construed into one of such over
shadowing importance. Hence it was passed, sab
Sitentto. But now it is never failing subterfuge
for assumed powers, when every other fails
Whether corporations, tariffs, internal improve
ments, anti-slavery regulations or sectional bene-
fits for the North wanted they are indiscrimi-
nately claimed from the power to regulate com
MERGE, while the reserved rights of the States,
and the South more especially, are yearly encroach-
ed on, and swallowed in this political whirlpool.
These facts are fully illustrated by the attempted
infringement on the powers of the States, rected
IN the cases which follow. In 18th Peters, S. Ct
R. P. lo2, is the following case
In February, 1924, the State of New York pas
sed " an act concerning passengers in vessels, ar
irving in the port of New York . The act re-
CURED masters of vessels in twenty four hours to
make report of all passengers to the Mayor. DC.
And In the second section authorized the Mayor to
require of such master bond and security in a sum
not greater than $500 for each passenger, to in
demnty the city from all expenses for maintenance
of these passengers, DC. Under this act the cor
poration of New FORK instituted an action aoainst
'ne master OF the ship Emily, for the recovery of
the penalty imposed by the act for its violation
The case was certified upon division of the Cir
cut Judges In opinion, to the Supreme Court on
the point that the act of New York assun,od =,
regulate trade and commerce between the mort &c
New ork and foreign ports and was therefore nm
constitutional. The Supreme Court certified back
that the act was constitutional and vailed tbo+ :.
was not regulation of commerce, but of nol;eo
The Court declares in its opinion. that go Sto+o
mas the same undeniable and unlimited iurisdic
uon over all persons and things within its Terrific
mai limits, as any foreign nation when that iur;s
dictlon is not surrendered or restrained by the
Constitution of the United States -
" 1t is not only the right, but the boundan ond
solemn duty of State, to advance the safet,
happiness and prosperity of its people, and to
provide Tor It's general welfare by any and every
act OF legislation which it may deem to be condu-
GIVE to these ends, when the power over the mar
f11.,I Il
ocular subject, or the manner of its exercise. arc
not surrendered or restrained by the Constitution
of the United States. y
" Al those powers which relate to mere,, .