The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1874-02-05


The general grant OF power on this
subject, now so muah discussed in
connection with the trunk railroads,
is cOntainedin the following provision
of the Constitution: 5
setGongress shall have power to regu-
late conmeree with foreign nations,
and among the several States, aud
with the Indian tribes.D
This general grant given In the
5 eighth section In restrained by the fol-
lowing restrictions imposed in the
ninth section of the same article:
mo tax shall be laid on articles ex-
ported from any State. f
I'll mo preference shall be given bu
nnN regulations of commerce or reYe-
nue. to the ports of one State over
those OF another: nor shall vessels
bound to or from one State be obliged
TO enter clear or pay duties in an
other.0
The restrictions enable us to per-
cefve the nature and DRIFT of the pow
ers they were Intended to limit, The
things chiefly in the minds of the
trainers of the Constitution as belong
TO the regulation of commerce, were
duties either duties of tonnage on
ships trading in our ports. or duties
on goods brought into the country. In
the regulation of commerce with for
eign nations Congress would have had
the right to impose duties bothOn ex-
ports and imports under the general
grant OF power. The restricting claus
es took away absolutely the right to
lay duties on EXPORTS
UndeF,the general grant to regnlate
commerce TO the trade of particular
ports. This was restrained by the
u prohibition to give any such prefer
ence. saa
z4 Under the grant to regulate COM
merce among the States, Congress
might have required tonnage and
other duties on our .coastWise COM
meree. This is restrained By an abso-
Lutte interdict.
81 The trainers Of the Constitution saw
that duties might be laid for two
purposes--fOr the regulation OF COM
rnerce and for raising revenue. They
were therefore careful to guard against
the prohibited things being done un-
der either head OF authority. "No
5 sspreference shall be given by any
fsregnIation of commerce or revenue,
&c. or course the same principles
apply alike to coastWise commerce
and to overland commerce.
From all which we are warranted
in these deductions:
First. The Conststution makes the
overland commerce of the States per-
fectiy free, and protects its freedom
BY foFbidding Congress to obstruct it.
Second. 1t prohibits every regnla-
tion Of cammerce which would give
an advantage to the trade Of any par
ticular State or States. Now it is i'm
possible for Congress 10 regulate the
prizes Of railroad freights without
thereby affecting The trade of particu-
lar towns in different States. Cheap-
euing freights to the Atlantic seaboaFd
would necessarily affect the trade OF
New Orleans. CheapeDinQ railway
freights would divert business from
the lakes aud New York canals, and
) diminish the trade of Buffalo and Os-
wego,to the advantage of Philadelphia
and Baltimore. Putting down freights
between Albany and Boston would
divert trade from New York. 1t is
impossible for Congress to touch this
subject Of regulating railroad freights
without giving advantages or causing
Injuries to trading towns in different
States, which is most strictly forbid
den BY the Constition. This effect is
indeed produced by private enterprise
and competition but the Constitution
does not forbid that. Bot it does
place an absolute interdict upon Con-
qress making any regulation of COM
neree which shall favor the cOmmerce
of the towns of one State at the ex-
pense Of those of another. 80
s8 Let the inteFmeddlers OF Congress
put this in their pipes and smoke HI
World.