New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-10-23

hole bssia of the st Lawrence with rs
b,n ~ inland seas and, az prophetic OF the iaoors
nosfcrtv IL srnooths the way, oy uringperpe,uaHe
IN even 70 the land portsges or carrying places De
- ,bose two great systems of waters The precus-
~ ~ the Consttufion was built On bass too broad
90 Re displaced even by that majestic srusture twas
80, snner,edcd modified, or weakened but was
,Lr boSjIy into the very framework Of the Constitu
-; h;ch esre into being expressly subject 70 it, nm
rnutsble obligation The whole power ei the mon
jncoupeenf to nbate one ot or title OF rs f9ndanen.
Tte, nresxistng at It's birth and destined 10 endure
The Articles Of Confederation had no regard vhstever
IN commerce On the contrary they distinctly proht-
ted the Confederation from interfering IN any way even
he ,yes,es with foreign nations. with the power Of the
states 70 levy separate duties az their sole dis
cTetion The only .emblance OF commercial power con
fer1ed by the Articles Is permission to regulate trade
Win the Indsn.-and not even with them should they
erde within the limits Of State In that disjoinfed and
sembsrbarCus state the confederation came out OF the
Revolution.
ted hut really dsniied states during the four years sue
csCdng the peace OF l1e3 Il too well known 1t L truly
the mot dscIeditabe if NOT the most painful period OF
our historv Amid ell it, Generalization and abuse
nothing WIS more pcuous than the commercial nv
slres and disturbances Of which naygable waters
became the theeter. Commerce and navigation having
no men head and the States no longer threatened
nv a common enemy they were fast lapsng into the
worst G. ndton of the petty Republics OF the middle
AGES and these who hid studied the poiilccs only OF
dtunited Europe. confidently predicted wasting evll
war which would eventually compel the exhausted par
tes to the common protection OF the British
monarch - $50
The Chesnpeske divided between Maryland anil Viz
oine each claiming levy separate duties on its com
nerce hecfme tie scene Of constant disorder; while
NewYork and New.Jersey disputed for the Hudson. In
the I'D language of the day. &c quoted by Mr. MADISON,
New Jersey, placed between Philadelphia and New
York cssk tapped at both ends and North Caro-
Ina between Virginia and south tsr.nna, pateht
bleeding Of both arms
The Chesapeake however, hss the honor OF being the
first 10 bfng the dispuisnis 10 Their senses me feeble
ConcderniiC being wholly helpless md unable 10 pro
yide renedy a Convention called by several OF the
soptraie Stsfes consider the disorders prevailing on
the Chesapeake assembled at Arnapohs u enough
say ihtt ALEXANDER HuiITeN, OF NeW-ioIN' WIS
there and saw the fu value Of the occhlon-that hs
cesr intellect and rrn,ccndsnt genius AZ once acute
and comprehensive discerned IN our nhvlgane waters
tie koy 10 political union OF the discordani states
With consumnaie segaci;y hc built upon this iounda,
ton end in the second Convention which assembled
.con afterward with enlarged powers at Phhadeipha
he Introduced into the Constitution the great coin
cial csuse which makes HnpeTisha.ie ar De u lios
me 10 undervalue the other splendid manifestations oil
cre,tive mower exhibited In that mafcle instrument
ifs novel and ecifou inermixture OF the feierei WIN
the Nsiic nal elemeut-thc perfection ana harmony o. m
component paIt,-its mnsdve strength, yer iaunless
s,,ne,rvsud above all its freedom from geographi-
cal trsmnele permitting the indefinite expansion YET
erfect sccury OF the Great Nation called into being
but IN these excellences would have been unaVaihg
but for tie one acontroling. apervadng power over
commerce. which united and natlOnalized our vest nh'
gtble wsters and made them me and
On the 4th doy Of March, l's9, me Old thirteen
States ceased 10 be cCnfedcrated and became united
Tie first sentence ftLC Constitution announced 10 man
kind that the people OF these Thirteen states had en-
tered into more perfect Union. The 4th oil Juiy 100
Ind proclaimed the independence OF thirteen separate
sstes Ist the 9Th of March l7sa the birthday of
the Naton-for then il firs came into the world WIN
nations form and features and all the proper functions
Of nation go, -, -,
TurCpe hut the Union was purely AmeIlcan.
Tic rreat novelty of the American Constitution con-
ss,s in the skul distribution OF the necessary powers
of government between the Nation and the states wch
co,npose IT, Apprcpriatng no power nghtiuly belong
ing 70 the separate States and necessary for the rcgus
ton of their local affairs and peculiar Institutions II con
TORS uuon the Nation only those great attributes OF SOW
ereientv needed for tie due enjoyment and proper
ureserytton of it existence. And thus we nave
limited national government. the first the world ever
saw-hnied not in IT. powers 81 IL sometimes lhscou
rately stated--but in the number end nature oil ns
rowers In the exercise Of the several powers which
ere expressly granted and enumerated cannot bc Inn
tied II must be supreme forwho would eau thepower
TO raise and support armies OF 10 proVide SUI 'nai
tsn q navy limited pOweri
And so OF the power in question, ITO regulate com
morcc"- any limit imposed on the power TO regulate
Can any authority other than thnt OF the mon regulate
commerce with foreign nations or among the states
l. not the power regulate exclusive by the mere
force Of tie term itself How Is possible for more
than one authority 10 regulate the same thing az INC
same timer 80
The only sensible inquiry must he what il regulation
OF commerce and what docs IL embraced
And here need not waste time upon verbal subtle
ties hy-ical distractions WccGve harspiiting
10 Tho hIppy regions where the faculty for that pursuit.
l. more fully developed But we do AK and insist that
little common sense shall be employed N eontructins
the National Conriution. We look up to II a. erent
and benefccm instrunCnt-almost gift Of Tod himself
aud claim in its behalf that II shall be iary and hon
esy interpreted in lie true subt ancs and PLAIN intent
five distinctly understand the posl0n taken by those
who deny the power Of the National Government 10 reg
uste commerce. by improving rivcrs or constructing
hsTbors or other works necessary for lis security Il
tlt: That tie power 10 regulate commerce denotes
only the power 10 regulate the rates OF impost and duty
lie hid upon H. and OF restraining any separate stare
fon hying any such duty or impost In word that
regulate something abstract and invisible and
soes not embrace anything ply zeal or visible
Now in answer to this, would urge that the word
regulate Of al Others the one conveying the broad
est possible signifcaiOn. covering every imaginable
node of acton visibe invisible Tor that very rea-
son il WIS selected by those who framed the Consuu
ton The great architects who rearet that structure
were no ordinary workmon. They well knew the size
md the strength of the words they using. They
laid tier work Ia LUCE blocks, that might last for
ever
section had already given 10 Congress the power lay
ing (uiits and nnpOetr, md fst another section cx.
pres " prohibited the separate States from doing
No f ENABLE reason could exit for introducing fresh
clf &c az IN icring tie power, and enforcing
the stne Pre- hib ion md that too by mere implica-
tCn The style o. the Constitution Is quite too tsultless
TO ltave possible that lie u;hor could introduce any
suCh fuTerf uiy or suTp lusage.
Pit leaving tis Nanir siion Of the mere words-'he
hCllw sIell Of the ConsuiiOn-we shall contend that
nett H. fran the American people could ever
have n;tIded 10 leave tie Government without the
power 10 requisite commerce. snd that too by physical
md visible moans; that Il indispensably necessary
4 the (Cvernn thus 70 exercise II that the Govern
mtIt N fact has constantly done 70 from it, organiza
lion 10 the present mCmet and that hl- long 9nin'sr
nj ted ard an hut uuCuestionei usage his settled
ard firmly cstai hed the constitutional doctrine that
he pow to regulate commerce includes the power
do 20 praCtesly by aforng such physical facfie. az
edlu for IL existence, safety snd convenience
For lot Us look back AMI see what commerce did in
fact quiie and what the Government has done
CIoECE WASHINGTON took the oath Of Office a. the
fisi Pre- dent OF the United Saies IN this City OF New
iork. thc lrh q March l7s9 II L true tia; he had been
h"uiiry cheifsI, tu' be certainly would be he sst
to s,trne unlawful POWER
Nowt 20 hGIeLs that flmo,i the irst not the very
fr' Of lie official Bcts, to regulate commerce. and