foreign place, or every vessel of the burthen of one hundred and fifty tons or upwards, bound to a port in any other than an adjoining state, is required to make a written or printed agreement with every seaman or mariner which shall be employed on such vessel.

270. Every vessel of the burthen of one hundred and fifty tons or upwards, navigated by one or more persons, and bound on a voyage beyond the limits of the United States, and all merchant vessels of the burthen of seventy five tons or upwards, navigated by six persons or more, and bound to the West Indies, shall be provided with a chest of medicines accompanied by directions for administering the same. Vessels crossing the Atlantic ocean, shall have on board at least sixty gallons of water, one hundred pounds of salted meat, and one hundred pounds of wholesome ship bread, for each person on board.

271. A fund is provided for the relief of sick and disabled seamen, by requiring the master or owner of every vessel of the United States, before such vessel shall be admitted to entry, to pay to the collector, at the rate of twenty cents a month for every seaman employed on board; which sum he may retain out of their wages. The fund thus provided, is administered by such persons as the president of the United States shall appoint for the purpose.

272. The register, clearance and other papers, granted by the officers of the customs to a foreign vessel, at her departure from the port from which she shall have arrived, shall, previously to her entry in a port of the United States, be produced to the collector with whom the entry is to be made. And it is the duty of the master, within forty-eight hours after such entry, to deposite such papers with the consul or vice consul of the nation to which the vessel belongs; and to deliver to the collector the certifi

employed as seamen on board American merchant vessels? 270. What regulations are made for the support of persons on board vessels? 271. How are sick and disabled seamen provided for? How is this fund raised? By whom administered? 272. What is required of foreign vessels previously to their entry? To whom are the papers delivered? What is delivered to the collector? What

have

cate of the consul or vice consul, that the papers been so deposited. Any master who shall fail to comply with this regulation, shall be fined in a sum not less than five hundred, and not exceeding two thousand, dollars.

273. But this regulation does not extend to the vessels of foreign nations, in whose ports American consuls are not permitted to have the custody of the register and other papers of vessels entering the ports of such nation. No foreign consul may deliver to the master of any foreign vessel, the register and other papers with him, until the master shall produce to him a clearance from the collector of the port. For a violation of this law, the consul shall be fined in a sum not less than five hundred, nor exceeding five thousand, dollars.

274. Under the power to regulate commerce with foreign nations, congress may pass embargo and quarantine laws. Embargo, in commerce, means a stop put to trade; or, a prohibition of state, commonly on foreign ships, in time of war, to prevent their going out of port or coming in. Before the war of 1812, a law of this kind was passed, (December, 1807.) In a case tried in the district court of Massachusetts, 1808, it was objected that the act was unconstitutional; that congress had no right, under the power to regulate commerce, thus to annihilate it, by interdicting it entirely with foreign nations. The court decided that the act was constitutional. The power of congress relative to commercial intercourse, is sovereign, except so far as it is qualified by the restrictions expressed in the constitution.

275. Quarantine signifies the time during which a ship, coming from a port suspected of contagion, or of having contagious sickness on board, is forbidden to have intercourse with the place where she arrives. The term is said to be derived from the Italian quarantina, meaning

is the penalty for neglect? 273. What vessels are exempt from this regulation? How does the master again obtain his papers? To what penalty is the consul subject for a violation of the law? 274. What is an embargo? When was an embargo law passed? Has congress power to pass such a law? 275. What is the meaning of quarantine? By what authority are these laws enacted in this

a space of forty days, that being originally the period fixed for detaining ships in such circumstances. But the time now varies according to the exigencies of the case. Quarantines are required by the health laws of a state: and congress has enacted that all vessels, whether from a foreign port, or from another district in the United States, and all revenue officers, shall be subject to the health law of the state to whose ports such vessels are bound. And the president may direct suitable houses to be purchased or erected, in which goods may be landed from vessels subject to quarantine, at such other place in the state, as the safety of the revenue, and the observance of the health laws, may require,

CHAPTER XIV.

Commerce-continued.

govern

276. THE power "to regulate commerce," as well as the power "to lay and collect duties, imposts and excises, to pay the debts and provide for the common defence and general welfare," has, from an early period of the ment, been employed in laying duties for the purpose of encouraging and protecting articles of domestic produce or manufacture. These are called protecting duties, as they protect or defend the domestic grower or manufacturer against injury from foreign competition.

277. Most of the manufactured goods formerly consumed in this country, were brought from abroad, where, from the superior advantages which older countries possessed for manufacturing, could they be procured at cheaper But to encourage domestic or home manufactures,

rates.

country? What may the president do for the landing of goods from vessels under quarantine?

276. Under the grant of what power are protecting duties laid? Why are they called protecting duties? 277. What is the object of

and to render our nation independent of foreign nations for its supplies, the policy was adopted of imposing upon foreign goods, such duties as would make their cost equal to the cost of similar goods manufactured by our own citizens; and thus providing for the latter a market at home.

278. But this policy has always received much opposition. It is objected, first, that the constitution does not authorize congress to lay duties except for purposes of revenue. The right of congress thus to protect domestic industry, is inferred from the power "to lay duties to provide for the common defence and general welfare." The term "general welfare," if it be allowed its share in the meaning of this clause of the constitution, must imply the power to lay duties to encourage domestic manufactures; especially as the general welfare is usually promoted by such encouragement. It is further argued in favor of this power, that the framers of the constitu tion, in providing for the regulation of commerce among foreign nations, cannot be presumed to have overlooked the object of authorizing congress to countervail the restrictions which foreign nations might impose upon our trade. The practice of the government has, from a very early period, been in accordance with this opinion.

279. A second objection to this policy is, that the duty thus imposed is an unjust tax upon the consumer, who ought to be permitted to purchase where he can obtain his supplies at the lowest prices. To this it is replied, that when any commodity is duly protected, it will be produced in greater quantities, and the facilities for manufacturing it will be increased; so that the price will ultimately be reduced to that of a similar article manufactured elsewhere. Such has uniformly been the effect of the system of protection in this country.

280. The power of congress to regulate foreign commerce, extends also to wrecks on the seas; the construc

these duties? 278, 279. On what grounds are these duties objected to? How are these objections answered? What has been the practice of the government on this subject? 280. To what other

tion of light houses; the placing of buoys and beacons ; the removal of obstructions to navigation in creeks and rivers; and to the designation of ports of entry and deliv

ery.

281. The power to regulate internal commerce, or commerce among the several states, was rendered necessary, in order to give effect to the power of regulating foreign commerce. This power was intended to prevent the levying of unjust taxes or contributions by a state, on goods imported or exported through it by another state. Other evils, which may be readily conceived, might result from the exercise of this power by the several states to regulate trade between each other.

It

282. Several cases have arisen involving the question, how far this power may be exercised within a state. is not disputed that all commerce which is completely internal, and carried on between different ports of the same state, and does not extend to other states, is beyond the control of congress; while it is equally evident, that the power to regulate commerce may be exercised within a state. For there are waters communicating with the ocean, which penetrate the interior, passing through several states; and there are waters in and upon the boundaries of several of the states, which afford means of commercial intercourse between those states. In these cases, it is clear that the power of congress may reach the interior of a state.

283. It has been decided by the supreme court, that the acts of the legislature of New York, granting to individuals the exclusive right to navigate the waters of the state in vessels propelled by steam, were unconstitutional and void, and repugnant to the power congress to regulate commerce, so far as they went to prohibit vessels, licensed under the laws of congress to

of

objects does the power to regulate commerce extend? 281. What is meant by internal commerce? What is the object of the power to regulate internal commerce? 282. May this power be exercised within a state? 283. How far are state laws, regulating commerce,