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422
CONSTITUTION OF THE U. STATES.
[BOOK III.
sense. In its large sense, it is very nearly an equivalent to taxes, embracing all impositions or charges levied on persons or things.[1] In its more restrained sense, it is often used as equivalent to "customs," which appellation is usually applied to those taxes, which are payable upon goods and merchandise imported, or exported, and was probably given on account of the usual and constant demand of them for the use of kings, states, and governments.[2] In this sense, it is nearly synonymous with "imposts," which is sometimes used in the large sense of taxes, or duties, or impositions, and sometimes in the more restrained sense of a duty on imported goods and merchandise.[3] Perhaps it is not unreasonable to presume, that this narrower sense might be in the minds of the framers of the constitution, when this clause was adopted, since, in another clause, it is subsequently provided, that "No tax or duty shall be laid on articles exported from any state;" and, that "No state shall, without the consent of congress, lay any imposts or duties on imports or exports except what may be absolutely necessary for executing its inspection laws."[4] There is another provision, that "No state shall, without the consent of congress, lay any duty of tonnage," &c.; from which, perhaps, it may be gathered, that a tonnage duty, (by which is to be understood, not the ancient custom in England, so called, on wines imported,[5] but a duty on the ton-
  1. ↑ See The Federalist, No. 36.
  2. ↑ Smith's Wealth of Nations, B. 4. ch. 1, P. 3, B. 5, ch. 2, art. 4; Hale on Customs, Harg. Tracts, p. 115, &c.; 1 Black. Comm. 313, 314, 315, 316; Com. Dig. Prerogative, D. 43 to D. 49.
  3. ↑ The Federalist, No. 30; 3 Elliot's Debates, 289.
  4. ↑ Mr. Madison is of opinion, that the terms imposts and duties, in these clauses, are used as synonymous. There is much force in his suggestions. Mr. Madison's Letter to Mr. Cabell, 18th Sept. 1828.
  5. ↑ 1 Black. Comm. 315; Hale on Customs, Harg. Law Tracts, p. 3, ch. 7, ch. 14, ch. 15.
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