The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English StyleWebster, Daniel
History
The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English Style
Webster, Daniel
Speeches, addresses, etc., American; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
The remedy is as summary as the grant itself is ample; for immediate
confiscation, without seizure, trial, or judgment, is the penalty of
infringement.
In regard to these acts, I shall contend, in the first place, that they
exceed the power of the legislature; and, secondly, that, if they could
be considered valid for any purpose, they are void still, as against any
right enjoyed under the laws of the United States with which they come
in collision; and that in this case they are found interfering with such
rights.
I shall contend that the power of Congress to regulate commerce is
complete and entire, and, to a certain extent, necessarily exclusive;
that the acts in question are regulations of commerce, in a most
important particular, affecting it in those respects in which it is
under the exclusive authority of Congress. I state this first
proposition guardedly. I do not mean to say, that all regulations which
may, in their operation, affect commerce, are exclusively in the power
of Congress; but that such power as has been exercised in this case does
not remain with the States. Nothing is more complex than commerce; and
in such an age as this, no words embrace a wider field than _commercial
regulation_. Almost all the business and intercourse of life may be
connected incidentally, more or less, with commercial regulations. But
it is only necessary to apply to this part of the Constitution the
well-settled rules of construction. Some powers are held to be exclusive
in Congress, from the use of exclusive words in the grant; others, from
the prohibitions on the States to exercise similar powers; and others,
again, from the nature of the powers themselves. It has been by this
mode of reasoning that the court has adjudicated many important
questions; and the same mode is proper here. And, as some powers have
been held to be exclusive, and others not so, under the same form of
expression, from the nature of the different powers respectively; so
where the power, on any one subject, is given in general words, like the
power to regulate commerce, the true method of construction will be to
consider of what parts the grant is composed, and which of those, from
the nature of the thing, ought to be considered exclusive. The right set
up in this case, under the laws of New York, is a monopoly. Now I think
it very reasonable to say, that the Constitution never intended to leave
with the States the power of granting monopolies either of trade or of
navigation; and therefore, that, as to this, the commercial power is
exclusive in Congress.
Public-domain text, read in full here on John Shaqi.
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