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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 encouragement 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 statesmen, 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 removal 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 commerce 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. Ves. sels 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 foreign trade. If a vessel shall perform a foreign voyage without 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 them. selves 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 ?

to traversing the water in ships or other vessels. In pur. suance of the power to regulate commerce, congress has enacted laws conferring privileges upon ships built and owned in the United States, in order to encourage domestic navigation. This is done by imposing higher duties of tonnage and impost, upon foreign vessels and goods imported in them, than upon vessels of the United States and goods imported therein. These duties are called discriminating duties, because the law discriminates, or makes a distinction or difference between domestic and foreign navigation.

§306. By acts of 1790 and 1817, vessels of the United States, when entered in the United States from a foreign port or place, are made subject to a duty of six cents a ton; but if the officers and two thirds at least of the crew of a vessel, be not citizens of the United States, fifty cents a ton shall be paid. On every such vessel, entered in a district in one state, from a district in another state, the duty is six cents; but unless three fourths of the crew be American citizens the duty shall be fifty cents a ton.

§ 307. A higher duty is imposed on foreign than on American vessels. The above acts provide, that on vessels built within the United States, but which belong wholly or in part to subjects of foreign powers, a duty of thirty cents shall be paid; on other vessels, fifty cents a ton. On foreign vessels entered in the United States from a foreign port at which American vessels are not ordinarily permitted to trade, there shall be paid a duty of two dollars a ton.

§ 308. Vessels of the United States, to be entitled to the privileges enjoyed by such ships or vessels, must be registered pursuant to the laws of the United States. After the admeasurement of a vessel by a surveyor, to ascertain her tonnage, the collector records or registers in a book kept for that purpose, the names of the vessel and the port to which she belongs, her burthen, the year and the name of the place in which she was built. A certificate of such registry is then given by the collector of the district to the owner or commander of the vessel, who is required to give

§ 305. What is navigation? What are discriminating duties? § 306. What regulations exist as to the duties on American vessels ? § 307. What are the duties on foreign vessels? § 308. What regula

a bond with sureties, that the certificate of registry shall be used only for the vessel for which it is granted. If a certificate of registry be fraudulently used for any vessel not entitled to the benefit thereof, such vessel shall be forfeited to the United States.

§ 309. The master of a vessel departing from the United States, bound to a foreign port, is required to deliver to the collector of the district a manifest of all the cargo on board, and its value, by him subscribed and sworn to be true; whereupon the collector grants a clearance for the vessel, which is a certificate stating that the commander has cleared his vessel according to law.

§ 310. Every vessel of the United States going to a foreign country, shall, at the request of the master, be furnished with a passport, the form of which is to be prepared by the secretary of state, and approved by the president. A passport is a written license from the proper authority of a country, granting permission to pass from one country to another, or to navigate some sea without hindrance or molestation. It contains the name of the vessel and that of the master, her tonnage and the number of her crew, certifying that she belongs to the subjects of a particular state, and requiring all persons at peace with that state, to suffer her to proceed on her voyage without interruption.

§ 311. Passenger vessels are not permitted to carry a greater number of passengers than two for every five tons of their burthen. If the master or other person on board of a vessel of the United States, shall take on board at a foreign place, or bring into the United States; or if he shall transport from the United States to a foreign place, a greater number of passengers than two for every five tons of such vessel, according to the custom house measurement, he shall forfeit and pay one hundred and fifty dollars for every passenger above the number prescribed. If the number of passengers shall exceed such number by twenty, the vessel shall be forfeited to the United States. The master or cap

tions must be complied with to entitle United States vessels to the intended privileges? § 309. What is required of the master of a vessel departing for a foreign port? What is a clearance? § 310. When are passports granted? What is a passport? § 311. What restrictions

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