§ 293. The nature and object of protecting duties may

be thus illustrated:

Suppose the people of the United States to receive their supplies of broadcloth from a foreign country, where the arts have been carried to a high degree of perfection, and whose citizens, from their long experience and superior skill, are enabled to manufacture and sell this commodity at prices below the cost of manufacturing the same in this country. There would be no inducement to our own citizens to en gage in the manufacture of cloths, because they could obtain for them in the market no more than is paid for foreign goods of like description. Suppose the price of a particular quality of foreign broadcloth to be three dollars a yard, and the cost of manufacturing cloth of the same quality in this country to be four dollars a yard. Now, let the government lay a duty of fifty per cent. on foreign cloths, and the pur. chaser of the imported article must pay for it four dollars and fifty cents. Thus the preference would be given to the domestic fabric, and the manufacturer would be protected against injury from the competition of foreigners.

§ 294. But protective duties are by some considered unconstitutional. They maintain that neither the power to lay duties to promote the general welfare, nor the power to regu. late trade, authorizes congress to lay duties for the encour agement of domestic manufactures; that these clauses grant power only to lay duties for the purpose of revenue; and that, when congress imposes duties beyond what may be wanted to meet the necessary expenditures of the govern ment, it transcends its constitutional powers. A construction of this power which would authorize its being exercised for the purpose of protection, would justify its use on the most trivial occasions, on the plea that a measure is demanded by the general welfare. The framers of the con stitution cannot be presumed to have intended to confer a power liable to so sweeping and loose a construction.

§ 295. It is maintained, on the other hand, that the powers granted in these clauses must imply the power to lay duties

purpose has this power been employed? § 293. Illustrate the nature and operation of a protecting duty. § 294. What objections are made to this exercise of the power to regulate trade? § 295. By what argu.

to encourage domestic manufactures, because the general welfare may imperiously demand such encouragement. As foreign nations, to favor their own commercial interests, might impose heavy duties upon our productions, it is not probable that the framers of the constitution should have overlooked the necessity of a power somewhere in the gov. ernment, to countervail the restrictions of foreign nations upon our manufactures and commerce, by a like policy. The common defence, also, it is said, requires the encouragement of home manufactures. The sudden interruption, by war, of our commercial intercourse with a nation on which we had been accustomed to depend for the necessaries of life, and perhaps even for the instruments of war, would place the country in an unfavorable condition to de. fend itself against an independent enemy.

§ 296. The late president Madison, whose authority on constitutional questions is held in the highest respect, and who was himself a distinguished member of the convention that framed the constitution, made known his opinions on this subject, in 1828, a time when the country, as well as congress, was not a little engaged in its discussion. Some of the reasons given by him in favor of the constitutionality of a protective tariff, are contained, in a condensed form, in the following paragraphs:

(1.) The general meaning of the phrase, "to regulate trade," at the time when it was inserted in the constitution, and as understood and used by all commercial and manufac. turing nations, especially Great Britain, whose commercial vocabulary is the parent of ours, implies the power of protecting manufactures.

(2.) In the state conventions, in the course of their de liberations on the adoption of the constitution, the transferring of this power from the states to the general government was a subject of particular remark, and its existence acknowledged by both the advocates and opponents of the constitution.

(3.) The exercise of this power by the states is pro hibited in the constitution. If congress does not possess the

ments is its constitutionality supported? § 296. State briefly the reasons of Mr. Madison in favor of a protective tariff. § 298. To

power, it does not exist in the nation; a policy without example in any other nation.

(4.) This power was exercised in the first session of the first congress under the constitution, by the passage of an act laying duties on imports. The preamble to this act expressly declared one of its objects to be, "the encourage. inent and protection of domestic manufactures." In this congress were many members of the convention which framed the constitution, and of the state conventions which ratified it; among whom were both those who were in favor of the. constitution, and those who opposed it. Yet it does not appear that the power was denied by any of them.

297. It is to be admitted, however, that many states. men, of more than ordinary distinction, entertain opinions adverse to those above cited. And here it may not be im proper to remark, that the opinions of the most eminent statesmen and politicians, whatever may be their claims to our respect, are not to be implicitly relied on as constitutional guides. It behooves every citizen-for all are equally interested-to study carefully for himself the great charter by which he holds his liberties.

§ 298. The power of congress to regulate foreign commerce, extends to wrecks on the seas; the construction of light houses; the placing of buoys and beacons; the remo. val of obstructions to the navigation in creeks and rivers; and to the designation of ports of entry and delivery.

§ 299. The power to regulate internal commerce, or commerce among the several states, was rendered necessary to give effect to the power of regulating foreign commerce. A material object of this power was to prevent one state from loading the goods imported or exported through it by another state, with unjust taxes and contributions. The merchandise of each state should be allowed a free passage through the jurisdiction of all the other states. But there would have been no security to the states of a free and uninterrupted trade, without a regulating power in the general government.

what other objects does the power of congress to regulate foreign com. merce extend? 299. For what purpose is the power over internal

§ 300. To what extent congress may exercise this power, has been a subject of controversy. It is conceded, that congress can have no control over commerce which is carried on between the citizens of a state, or between the different ports of the same state. But the power of congress extends to commerce within a state on waters communicating with the ocean, and waters which afford means of intercourse between several states. Acts of the legislature of New York, granting to individuals the exclusive right to navigate the waters of the state (Hudson river) in vessels propelled by steam, have been decided, by the supreme court of the United States, to be unconstitutional and void, and repugnant to the power of congress to regulate commerce, so far as they went to prohibit vessels licensed by the laws of congress to carry on the coasting trade, from navigating the waters of New York.

§ 301. The power to regulate commerce extends to conferring privileges upon vessels of the United States, engaged in the coasting trade and fisheries. Coasting trade is the trade carried on between one district and another in the United States, on the sea coast, or on navigable rivers. All vessels of twenty tons and upwards, being enrolled according to law, and having a license, are entitled to the privileges of vessels employed in the coasting trade or fisheries. Vessels of less burthen, having only a license, are entitled to the same privileges. No vessel enrolled and licensed for this trade, may proceed on a foreign voyage, without having given up her enrolment and license, and been registered conformably to the laws regulating vessels employed in for. eign trade. If a vessel shall perform a foreign voyage with. out complying with this regulation, such vessel, with all her furniture, and goods imported therein, will be liable to seizure and forfeiture.

§ 302. The power of congress to regulate trade with the Indian tribes, extends to tribes within, as well as without the boundaries of the United States. It has been a subject of

commerce necessary? § 300. In what cases may this power be exercised within a state? § 301. What is the coasting trade? What requisitions must be complied with to entitle vessels to the privileges conferred on vessels employed in this trade? § 302. Is the power to

dispute, whether the Indian tribes were to be regarded as foreign nations in their relations to the United States. It has been decided by the supreme court, that they are not recognized as such by the constitution: but they are to be considered as domestic, dependent nations, in a state of pupilage to the general government, and holding their territory by right of occupancy. This right of the Indians to their lands is acknowledged in the treaties made with them from time to time. By these treaties, the Indians place themselves under the protection of the general government, which guaranties to them the peaceable possession of their lands not ceded to the United States.

303. By giving to the general government the power to regulate intercourse with the Indian tribes, it was intended to lessen the dangers of war. Hostilities on the part of the Indians had frequently been caused by the improper conduct of individual states. Difficulties would be more likely to be avoided by a uniform policy; and when existing, would be more likely to be amicably settled by the general government, than by a state, which, being a party interested, would be more liable to misjudge the matter in dispute, as well as more unyielding in its demands of justice.

§ 304. Since the year 1830, a different policy from that previously practised, has been pursued by the general government towards the Indians, which has resulted in the almost entire removal of them beyond the limits of the United States.

CHAPTER X.

Commerce continued.-Navigation.

§ 305. NAVIGATION is the art or practice of conducting a hip from one port to another, and implies whatever relates

regulate commerce with the Indian tribes limited to those within the boundaries of the United States? Are they foreign nations? § 303. Why was this power given to congress? 304. What has been the policy towards the Indians since 1830?