The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1852-03-20


the municipal power Of State and that the
circumstances OF each case must necessarily
furnish rule applicable TO itself /" a State
cannot regulate foreign commerce, but it may do
many things which more or less affect il. Ii
may tax ship, or other vessel used in com
merce, the same as other property owned by its
citizens. A State may tax the stages in which
the mail is transported; but this does not regu-
late the conveyance of the mail. any more than
taxing ship regulates commerce. And yet, ia
both instances, the tax on the property in some
degree affects its use"
The consttutionality of State law imposing
tax on property brought from foreign nation
or sister State is not impaired by showing that
ii thwarts the policy of the general government
unless it was in conflict with some provision of
the Constitution, or of a law of Cong ess passed
pursuant to the Constitution. This was one of
the objections to the license laws OF: Massachu-,
sets, Rhode Island and New Hampshire, already
referred to; yet these laws were held 10 be con-
stitutional by the unanimous opinion of the
court, though they evidently tended TO diminish
importatons Of spirituous liquors and lessen the
revenue from that source
In the license cases, Chief Justice fancy said,
that the power Of Congress to regulate com
merce, "does not extend further than the regu-
among the several States; and that beyond
these limits the States have never surrendered
their power over trade and commerce, and may
still exercise it, free from any controlling power
on the part Of the general government. Every
State, therefore, may regulate its own internal
traffic, according to it's own Judgment and upon
its own views Of the interest and well being of
its citizens. II is unquestionably no easy
task to mark by certain and definite line the
division between foreign and domestic com
merce and to fix the precise point, in relation to
every imported article, where the paramount.
power of Congress terminates, and that of the
State begins. The Constitution itself does not
attempt to define these limits. They cannot be
determined by the laws of Congress or the
States, as neither can by its own legislation en-
large its own powers, or restrict those of the
other. And as the Constitution itself does not
draw the line, the question is necessarily one for
judicial decision, and depending altogether upon
the words of the Constitution.
"This question came directly before the court
for the first time in the case of Brown vs. the
State of Maryland, IL Wheaton, 4l9. And the
court there held, that an article authorized by
law of Congress to be imported, continued to
be part of the foreign commerce while it re-
manned in the hands of the importer for sale, in
the original bale, package or vessel in which it
was imported; that the authority given to import
necessarily carried with il the right to sell the
imported article in The form and shape in aollich
,oas imported, and that no State, either by di.
rect assessment, or by requiring license from
the importer D. fore he was permitted to sell,
could impose any burden upon him, or the prop
erty imported, beyond " hat the law of Congress
had itself imposed but that when the original
broI O..
importer, and also when the commodity had
passed from his hands into the hands of a pur-
chaser, it ceased to be an import, or part of
foreign commerce, AMI became subject to the
laws of the State, and might be taxed for State
purpose, and the sale regulated by the State,
like any other property"
The Chief Justice added In the nature of
things the line of division is in some degree
vague and indefinite, and do not see how it
could be drawn more accurately or correctly, or
more in harmony with tho obvious intention
and object of this provisoni in the Constitution"
Ii was admitted that "a State may impose a
tax upon its citizens in proportion TO The amount
they are respectively worth; and the importing
merchant is liable 10 this assessment like any
other citizen, and is chargeable according 10 the
amount of his property, whether il consists of
money engaged in trade, or Of imported goods
which he proposes TO sell, or any other property
of which he is the owner But tax of this de.
scription stands upon a very different footing
from tax on the thing impo ted, while il
remains a part of foreign commerce, and is not
introduced into the general mass OF property in
the State"
These citations law down as clearly as posi-
BILE, the powers of the federal and State govern.
menis, in the imposition Of taxes on goods i'm.
ported. IL is conceded that the power OF The
States, in respect TO them, must be taken TO be
such as they were held to be in Brown us, the
State Of Maryland, in respect to the importa-
tons fran abroad Thus far Congress have
legislaied under the authority OF the Constitu.
ton. But we are not aware that il has attempted
TO regulate imports or exports from one State
TO apother; consequently, goods brought from
one State TO another, become sui ject to taxa
ton by the legislature Of tie latter at least, as
soon as they are sold or change owners, and
this whether they are unpacked or are sold in 4
the form in whirh tlsey are introduced
IL will not be denied that the controlling and
supreme power over commerce with foreign ma
tons, and among the several States, is granted
10 Congress by the Constitution. But until
Congress acts upon the subject, the power il
dormant IL has acted but in part, and thus Far
and no farther, controls the legislation Of the
States
The regulation by Congress of commerce
between the States, Is certainly power TO be
exercised with studied delicacy There is none
which would be watched with greater jealousy
by The States. An enactment authorized by
this power IL is admitted, is paramount TO The
legislative act OF State coming In conflict with
IT. But until Congress scis the whole field OF
legislation Is open 10 the States. just as Il was
previous TO the ratification Of the federal Con
stitution; and the question whether, when, and
to what extent State will act, Is one Of sheer
policy.
Congress never can legislate 40 as TO interfere
with the internal trade Of State, or restrict
the right Of one State,to tax goods brought
from another, and sold or otherwise disposed
Of within its limits. The right Of taxation in
respect 10 such goods, is unquestionable and
its denial can only be maintained byan unauthor.
lied assumption Of federal authority, and con
sequent invasion Of the rights Of the States
The tesm Imports" IN a commercial sense,
means the goods, or rather articles brought into
n a.. a 80. r n a -