The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-08-28

its control, ! should content myself by referring
TO the extent OF that commerce and It's demand for
protection, If this national interest was every
where drffused, occupying all classes Of citizens,
from the man who can supply only the bone and
muscle Of an iron frame up 10 the skilful naviga-
tor and the merchant prince; if it employed
immense capital, waited by every breezs and borne
on every sea; if II was exposed TO the encroach-
ments and depredations of the barbarian the ma
rauder, the ruthless pirate, If endangered by
the various perlls OF an extended coast, the OBJ
structions or mighty rivers, would at once claim
for IT. on the score Of that parental care that gen
eral guardianship, which any supreme national
Government should exercise over the interests OF
lis citizens, the protection and the fostering
of the Government to whom such vast CONNER
cial interests pertaned.
Protection, in that sense of the term which rem
ders the person and property Of the citizen,
whether upon the land the sea, is acknowl-
edged by all TO be one of the highest duties of
every Government The united suffrages Of all
nations, ancient and modern, have sustained this
sentiment II has ever been the cardinal rule of
the statesman, and the boast Of the patriot. Ii
was the maxim of the sages of antiquity that the
most perfect Government was that by which the
rights Of the meanest citizen were regarded of
equal sanctily with those Of the wealthiest and
most powerful. And 1T may well be the pride of
our Government that It's legislation and its power
regard the rights and the wafare of Its humblest
the millionaire whose capital puts the machinery
of commerce IN motion which regards the bone
and muscle, the nautical skill, and the capital, each
as but links in that golden chain which binds the
wealth Of commerce fast to our side.
In this general view of the duty of the supreme
Government of nation, the protection of all those
engaged IN lis oommerce--extendlng that COM
Understanding the obstacles to Its advancement,
and protecting il ON the high seas and in the har
bora are most clearly embraced. This consider
alton has a mnst important bearing IN defining the
limits Of legislation under constitutional govern
ment of limited powers like our In all such
cases the power to make appropriations for any
purpose must be referred to the provisions of the
Constitution. That is the great chart by which
all its powers are to be measured. Yet the con-
ceded duty, binding the supreme Government to
give protection, will always be the polar star of
construction in defining its powers.
The clause in the Constitution of the United
States, to which the power of improving rivers
and harbors has principally been referred, is found
among the express grants of power, and reads as
follows: !" Congress shall have power to regulate
commerce with foreign nations and among the
several States and with the Indian tribes" The
language ITSELF " to regulate commerce with for
eign nations, and among the several States
would seem to be so explicit as to leave no doubt
and need no comment. Commerce large
rivers is surely regulated by those improvements
which direct its course--facitate its passage-and
protect il from the perls of navigation while float
ing on their bosom. Commerce our ocean
coasts and inland seas is regulated by those inn
provements which have for their object its safety
from storms by the protection Of roadsteads and
harbors. Such works regulate it by increasing its
volume and insuring the certainty and regularity
of its transit from point TO point
But we are not lefl TO a narrow rule of construc-
ton. We may safely occupy higher and more
satisfactory ground. The trainers Of the Constr
tptna - ia Npfa al
Government. What had these sages of the Rev
olution assembled fori To patch up a rickety
confederation No! They had met to form a
new governments government whose main and
distinctive quality should be, that it operated not
upon States and communities, but upon individu-
ais. IL was designed not to make acquisitions of
sovereign States, bat to command individual citi-
zens OF a common country-to make and govern
Union, not confederation. Ii yrs, therefore,
clothed with the power 10 lay and collect taxes
duties, imposts, and exc'ses- Ii exercised these
high powers. IL laid tonnage duties-imposed
tariff OF duties upon imporiaiions-built custom
houses, established port regulations, appointed
collectors, and assumed to demand and hold the
whole revenue derived from commerce, for the use
and support OF the General Government Can IT
for a moment be pretended that the States sufren-
dercd 70 the General Government the night Of col
leciing a revenue from their commerce, and did
not also surrender the power Of giving that COM
The whole history OF our country, cotempora-
neous with the formation Of the Constitution, for
bids such supposltion.
The conflicting commercial regulations OF the
different States Of the old Confederation, was one
OF the greatest sources Of trouble and embarrass-
ment TO the National Government Of that day.
The impossiblity OF producing united, Just, and
proper action in extending those facilities, and
that protection demanded by the complex COM
mercia intercourse Of contiguous States, rendered
II necessary To create superior power upon which
should deyolve the duty OF regulating, in the most
extended sense, this great national interest.
The writers Of the Federalist alluded to the want
OF power to regulate commerce as one Of the
principal defects Of the old Confederation. 1t Is
there said
"The interfering and unneghbory regulations
OF some States, contrary TO the true spirit of the
Union have, in different Instances, given just
cause OF umbrnge and complaint TO Others; and it
is 10 be feared that examples Of tins nature il not
restrained by a national CONTROL would be multi
pied and extended I'LL they become not ess sori-
GUS sources Of luminosity and discord, than iniur-
Gus impediments 10 the intercourse between the
different parts Of the Coniederacy."
And Mr.. Madison declared that
The defect OF power in the existing Confede-
racy, To regulate the commerce bet veen it's several
members, Is in the number Of those which have
clearly been pointed out by experience
Mr.. Calhoun, TOO, in his elaborate report made
to the Senate 10 1876, upon the subject OF habor
and river Improvements, says
!" The embarraSsments, distinction, and hazard
Of collisions, growing out Of the exercise Of the
power thus reserved TO the States respectively to
regulate their commerce with foreign nations and
with each other, were 40 great and alarming in
the opinion OF the rejecting and patriotic to de-
mand a speedy and effectual remedy, and con-
tributed more than any other cause to the caliag
Of the Convention which framed the Constitution.
/ As is well known care was accordingly taken TO
apply efectual remedies "a might be expected by
1 dclegating 10 the nevly-formed Government the
exclusive power Of regulating the commerce OF
the States with foreign nations and with one an
other, and prohibiting, without qualification, the
States from entering into any treaty, alliance or
| confederation"
The Constitution, then, evidently gives to the
National Government nil power which the States,
| under the Confederation, had exercised, or might
have excrciscd-to regulate commerce with foreign
| nations or among themselves.
II is vel-otesied historical fact, that before
/ the adoption Of our Constitution, the power Of