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pugnant not only to that provision of the Federal Constitution which declares that "no state shall, without the consent of Congress, lay any impost or duty on imports or exports," but to that also which invests Congress with power "to regulate commerce. The principles laid down on this occasion apply equally to importations from another state, as, in both cases, the powers remaining in the states, when so exercised as to come in conflict with those vested in Congress, that which is not supreme must yield to that which is. This great universal truth is inseparable from the nature of things; and the Constitution has applied it to the often interfering powers of the General and State Governments, as a vital principle of perpetual operation, so long as the power to regulate commerce is admitted to be exclusive. It has been so considered by every department of the government, and by all classes of citizens in every quarter of the Union, ever since the adoption of the Federal Constitution. It was, indeed, to effect this transfer of power that the Constitution was established. This was the primary and avowed motive for assembling the Convention of 1787. The exclusive grant of this power to the National Government was essential to impart to our shipping engaged in foreign commerce its nationality and protection; and the surrender of this power became, in several of the states, the most formidable obstacle to the ratification of the new Constitution. The State of New-York, where the opposition was the strongest, possessed the finest harbour on the coast; the fertility of its yet uncultivated western territory was al

*9 Wheaton, 1.

ready known; the rapid increase of its popula tion had been confidently anticipated; the tide of immigration had begun to flow in upon it; and the consequent accession of wealth and power afforded the most seductive objects to gratify the ambition of its statesmen and politicians. These causes, indeed, combined to delay and render doubtful its adoption of the Federal Constitution, until it was rendered certain, by the assent of nine of the thirteen members of the Confederation, that the new government would go into immediate operation among the states which had already acceded to it; and that the recusant states would thereby be deprived of the benefits both of the former confederacy, and of the new compact by which it was superseded.

The power of prohibiting the importation of slaves into the United States, after a certain period had elapsed, and of imposing a duty on their. importation during the intermediate period, is virtually included in the power to regulate commerce, as the exception which postponed its exercise arose from an express restriction of the general power. The words of the Constitution vesting this power are, "The migration or importation" (not of slaves, for that word is not to be found in the Constitution, but)" of such persons as any of the states now existing shall think proper to admit, shall not be prohibited prior to the year 1808." It is by no means difficult to account either for the existence of this restriction, or for the terms in which it is expressed; and although it is certainly to be wished that the power in question had been free from it, yet it ought to be remembered that a great point was gained in favour of humanity by fixing a period for the ter

mination of this barbarous traffic. Before the time arrived, the interdiction was prospectively enacted by Congress, and it took effect in time to afford an example to civilized Europe of abolishing a species of commerce which had been the opprobrium of modern policy. This interdiction was followed up by denouncing the foreign slavetrade as piracy, and rendering it punishable with death when pursued by our own citizens; and, by the late treaty with Great Britain, we have stipulated to co-operate with her, by means of our navy, to suppress it more effectually. But still the blot remains; for, though the toleration granted by the Constitution was confined to the states "then existing," yet Congress has refused to imitate the example of their predecessors under the Confederation, who prohibited slavery in the territories ceded by the elder states for the common benefit, by a similar restriction upon the new states created in them; it has abstained from suppressing the domestic slave-trade, or "the migration of such persons as any of the states then existing should think proper to admit," which was not exempted from the power of regulating commerce among the states for any longer period than the foreign slave-trade was tolerated as an exception to the power of regulating commerce with foreign nations. Nor has it listened to the numerous petitions for abolishing slavery and the slave-trade in the territories under its exclusive jurisdiction, and especially in the District of Columbia, the seat of the National Government, the residence of the representatives of the foreign sovereigns, and the resort of strangers and visiters from all quarters of the globe. Yet the evil is not beyond cure. A remedy, slow but sure,

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has been for some years, and still is, in operation. Those of the original states which bounded on others from which slavery is excluded, have been compelled to abandon slave labour, from its inability to compete successfully with the labour of freemen. Every year increases the efficiency of this remedy, and the sphere of its operation. Unfortunately, however, the crisis has been retarded by the untoward and rash interference of those empirical zealots, who claim to be the exclusive friends and infallible advocates of emancipation, who, with the blindness of ignorance, the virulence of bigotry, and madness of fanaticism, denounce every man or woman who refuses or hesitates to unite in their measures, or adopt their narrow dogmas. Nevertheless, before many years expire, the natural influence of benevolence, of mildness, and of Christian. forbearance and moderation, will advance in geometrical progression, until the foul blot on our national escutcheon shall be removed, rather by the hand of Providence than by any act or co-operation of our own.

"Deus, hæc fortasse benigna,

Reducit in sedem, vice."

LECTURE IX.

ON THE POWERS VESTED IN THE FEDERAL GOVERNMENT FOR MAINTAINING HARMONY AMONG THE STATES.

THE authority vested in the General Government to provide for the maintenance of harmony and proper intercourse among the states, comprises the third

class of powers enumerated in the Constitution. Under this head might be included the particular restraints on the authority of the states, and certain powers vested in the judicial department; but the former are reserved for a distinct head of consideration, and the latter have already been reviewed in our examination of the structure and organization of the government.

The remaining powers comprehended in this description are,

First. To regulate commerce among the several states, and with the Indian tribes.

Second. To establish postoffices and postroads. Third. To coin money, and regulate the value thereof, and of foreign coin; to fix the standard of weights and measures.

Fourth. To provide for the punishment of counterfeiting the securities and current coin of the United States.

Fifth. To prescribe by general laws the manner in which the public acts, records, and judicial proceedings of one state shall be proved, and the effect they shall have in another.

Sixth. To establish uniform laws on the subject of bankruptcies; and,

Seventh. To establish a uniform rule on the subject of naturalization throughout the United States.

I. The power to regulate commerce among the states had been clearly pointed out, by experience under the Confederation, to be essential to the General Government. Without this supplemental provision, indeed, the primary and indispensable power of regulating foreign commerce would have been incomplete and ineffectual, if not altogether nugatory. A very material object of the power was to secure those states which import and export through other states

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