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articles which stipulate for a permanent arrangement of territorial and other national rights, are at most suspended during the war, and revive at the peace, unless waived by the parties, or new or repugnant arrangements are made in a new Treaty.
533. The Potoer to regulate Commerce with foreign Nations, is intimately connected with that of concluding Treaties, especially with those of Commerce and Navigation; and its exercise is with equal propriety submitted to the National Government.
534. From the very nature of this power, it must be exclusive; for if the several States had retained the right of regulating their own Commerce with foreign Nations, each of them might have pursued a different system; mutual jealousies, rivalries, restrictions, and prohibitions would have ensued, which a common superior alone could prevent, and at the same time command by its authority that confidence of foreign Nations which is necessary to the negotiation of foreign Treaties.
535. The general power of Congress to regulate Commerce, is not restricted to the mere buying and selling, or exchanging, of merchandise and commodities, but includes Navigation, as well as commercial intercourse in all its branches, and extends to all vessels by whatsoever force propelled, and to whatsoever purposes applied.
536. The word "Commerce," as used in the Constitution, must have been understood, at its adoption, to include "Navigation;" as the power over both, in conjunction, was a primary object in forming the new Government; and in this comprehensive sense the term has always been understood, and actually interpreted, both by the Legislative and Judicial departments of the Government,
537. Unless it were so used and understood, the National Government would have no direct power over Navigation; and could make no Laws prescribing the requisites to constitute American Vessels," or requiring them to be navigated by "American Seamen;" which powers have been exercised from the commencement of its action, with the universal consent of the States, and the universal understanding that they were " commercial regulations."
538. The power to regulate Commerce, thus understood, extends to every species of commercial intercourse between the United States and foreign Nations, and amongst the States of the Union, and the Indian tribes.
539. Although, in regard to the several States, the power was not intended to comprehend that Commerce which is completely internal, yet, in regulating Commerce with foreign Nations, the power of Congress, in reference to that subject, is not limited by the jurisdictional boundaries of a State.
540. The Commerce of the United States with foreign Nations, is the Commerce of the whole Union; and each State or District has an equal right to participate in it, by means of the navigable streams which penetrate the country in all directions, and pass through the interior of almost every State in the Union.
541. The power of Congress to regulate foreign Commerce, must be exereised wherever the subject exists; and as a foreign voyage may commence and terminate at a port within the same State, this power of Congress may be exercised within a State.
542, The power to prescribe the rule by which to regulate any but its purely internal Commerce, it exercises the identical power which is granted to the Union, and does the very thing which Congress alone is authorized to do.
547. As the power of Congress to regulate Commerce extends to Navigation carried on in vessels exclusively employed in carrying passengers, whether propelled by steam, or by the instrumentality of wind and sails, on waters wholly within a State, but which are navigable from the ocean, an exclusive privilege of Steam Navigation upon such waters claimed under a State, was judicially held to conflict with an authority to navigate the same waters, derived from the Laws of Congress; and so far as this interference extended, the State Law was declared void, as repugnant to the Federal Constitution.
548. As the power of regulating Commerce reaches the interior of a State, and may there be exercised, it is capable of authorizing the sale of those commodities which it introduces; because the efficacy of the power would be incomplete, if it ceased to operate at the point where the continuance of its operation is indispensable to its value.
549. The power to allow importation would be nugatory, if unaccompanied by the power to authorize the sale of the thing imported; for sale is the object of importation, and an essential ingredient in that Commercial intercourse of which importation constitutes a part, and as indispensable to the existence of that intercourse, as importation itself.
550. The right of sale, as well as the right to import, being therefore considered as involved in the power to regulate Commerce, Congress has a right, not only to authorize importation, but to authorize the importer to sell.
551. An Act of a State Legislature, requiring wholsale importers and sellers of foreign goods to obtain a licence from the State, and to pay a sum of money for the privilege of selling, was consequently held to be void, as repugnant not only to that provion of the Constitution which restricts a State from ing duties on imports, but to that which invests ongress with the power " t
The power to regulate foreign Commerce
extends to the regulation and government of seamen on board merchant ships belonging to citizens of the United States; to conferring privileges upon ships built and owned in the United States; to quarantine, pilotage, and embargo Laws; to wrecks of the seas; the construction of light-houses; the placing of buoys and beacons; the removal of obstructions to Navigation in creeks, rivers, sounds, and bays; to the establishment of securities to Navigation against inroads of the ocean; and to the designation of particular ports of entry and delivery for the purposes of foreign Commerce.
553. The regulation of Commerce has also been employed for the purposes of Revenue; of prohibition, retaliation, and commercial reciprocity; to encourage domestic Navigation; and to promote the shipping and mercantile interests by bounties, discriminating duties, and special preferences; and sometimes to regulate intercourse with a view to mere political objects.
554. It seems to be admitted that Congress may incidentally, in its arrangements for countervailing foreign restrictions, encourage the growth of domestic manufactures; but whilst, on the one hand, it is denied that Congress has a right permanently to prohibit any importations unreasonably for the purpose