is, no
words embraced a wider field than _commercial_ regulation. Almost all
the business and intercourse of life may be connected, incidently, more
or less, with commercial regulations." (ibid. 9-10); also Justice
Johnson, in his concurring opinion: "Commerce, in its simplest
signification, means an exchange of goods; but in the advancement of
society, labor, transportation, intelligence, care, and various mediums
of exchange, become commodities, and enter into commerce; the subject,
the vehicle, the agent, and their various operations, become the objects
of commercial regulation. Shipbuilding, the carrying trade, and
propagation of seamen, are such vital agents of commercial prosperity,
that the nation which could not legislate over these subjects, would not
possess power to regulate commerce." (ibid. 229-230). "It is all but
impossible in our own age to sense fully its eighteenth-century meaning
(i.e., the meaning of commerce). The Eighteenth Century did not separate
by artificial lines aspects of a culture which are inseparable. It had
no lexicon of legalisms extracted from the law reports in which judicial
usage lies in a world apart from the ordinary affairs of life. Commerce
was then more than we imply now by business or industry. It was a name
for the economic order, the domain of political economy, the realm of a
comprehensive public policy. It is a word which makes trades, activities
and interests an instrument in the culture of a people. If trust was to
be reposed in parchment, it was the only word which could catch up into
a single comprehensive term all activities directly affecting the wealth
of the nation," Walton H. Hamilton and Douglass Adair, The Power to
Govern, 62-63 (New York: 1937).
[309] Ibid. 191.
[310] 9 Wheat. 1, 193 (1824).
[311] _See_ Pennsylvania _v._ Wheeling & Belmont Bridge Co., 18 How. 421
(1856); Mobile _v._ Kimball, 102 U.S. 691 (1881); Covington Bridge Co.
_v._ Kentucky, 154 U.S. 204 (1894); Kelley _v._ Rhoads, 188 U.S. 1
(1903); United States _v._ Hill, 248 U.S. 420 (1919); Edwards _v._
California, 314 U.S. 160 (1941).
[312] Pensacola Tel. Co. _v._ Western Union Tel. Co., 96 U.S. 1, 9
(1878); International Text Book Co. _v._ Pigg, 217 U.S. 91, 106-107
(1910); Western Union Tel. Co. _v._ Foster, 247 U.S. 105 (1918); Federal
Radio Com. _v._ Nelson Bros., 289 U.S. 266 (1933).
[313] Swift & Co. _v._ United States, 196 U.S. 375, 398-399 (1905);
Dahnke-Walker Milling Co. _v._ Bo
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