OUR CONSTITUTIONAL SHIPPING POLICY. 8i 



our shipping conventions and to resume vessel encouragement where it was 

 thrown off, beginning in 1828. In other words, the Federal Government 

 has no other course than to resume the observance of the compact and 

 policy of the Union and the Constitution. 



In the first place, the Act of 1828 was an abuse of power, without 

 authority, void and destructive. The authority of Congress under the 

 Constitution is a delegated authority, to be used lawfully and beneficially — 

 not otherwise. Alexander Hamilton, in advocating the adoption of the 

 Constitution — and but for his learning and eloquence New York would 

 have rejected it — made this assertion : — 



"There is no position which depends on clearer principles than that 

 every act of a delegated authority, contrary to the tenor of the commission 

 under which it is exercised, is void. No legislative act, therefore, contrary 

 to the Constitution, can be valid. To deny this would be to affirm that 

 the deputy is greater than his principal ; that the servant is above his master; 

 that the representatives of the people are superior to the people themselves ; 

 that men, acting by virtue of powers, may do, not only what their powers 

 do not authorize, but what they forbid." 



The compact with the states, as such, and also with the people, made 

 by the Convention, was for "navigation laws," to encourage and upbuild the 

 merchant marine and the foreign carrying trade, not to perish and destroy 

 these trades by the constant operation of a faithless act for unprotection. 

 Moreover, to clinch the argument, the Constitution having provided for 

 a specific method of encouragement and protection (that of trade regula- 

 tions, meaning "discriminating duties of tonnage and impost"), all other 

 methods are thereby precluded ; while there is no authority for the taxation 

 that would be necessary for the fostering of the marine by subsidizing, 

 were that method adopted. 



That other nations have power to subsidize their vessels, but we have 

 not — this power remaining in the states — is not surprising. Rather, the 

 wonder is that some of us do not better understand the principles and the 

 limitations of our National Government. What is wanting and is demand - 

 able is an honest observance of the compact for "navigation laws," on the 

 lines of those now "suspended" in the interest of foreign nations, costing 

 nothing but governmental good faith, to produce satisfactory results. 



In conclusion, let no one say that insuperable obstacles exist, for any 

 difficulties are of our own making, and the right was reserved to retrace our 

 steps. The welfare of the country demands the carrying out of the compact 

 for "navigation laws," and our National Government is perfectly able to 

 resume that policy. We pretend to be an independent nation, but a mari- 



