It has been regulated, with the Indian tribes by our intercourse
laws, prescribing the manner in which it shall be carried on. Thus each
branch of this grant of power was exercised soon after the adoption of
the Constitution, and has continued to be exercised to the present day.
If a more extended construction be adopted, it is impossible for the
human mind to fix on a limit to the exercise of the power other than the
will and discretion of Congress. It sweeps into the vortex of national
power and jurisdiction not only harbors and inlets, rivers and little
streams, but canals, turnpikes, and railroads--every species of
improvement which can facilitate or create trade and intercourse "with
foreign nations, and among the several States, and with the Indian
tribes."
Should any great object of improvement exist in our widely extended
country which can not be effected by means of tonnage duties levied by
the States with the concurrence of Congress, it is safer and wiser to
apply to the States in the mode prescribed by the Constitution for an
amendment of that instrument whereby the powers of the General
Government may be enlarged, with such limitations and restrictions as
experience has shown to be proper, than to assume and exercise a power
which has not been granted, or which may be regarded as doubtful in the
opinion of a large portion of our constituents.
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