welton state missouri argued decided october error missouri welton indicted tried convicted circuit county henry state missouri selling goods without license first section statute indictment found follows shall deal selling patent medicines goods wares merchandise except books charts maps stationery growth produce manufacture state going place place sell declared peddler sections prohibit person dealing peddler without license impose penalty therefor prescribe rate charge license license required selling going place place growth produce manufacture state appeal affirmed decision circuit ground statute applied solely internal commerce state made discrimination citizens merely imposed tax upon welton state missouri calling profession neither directly indirectly upon property errors judgment case brought james botsford smith plaintiff error missouri erred affirming judgment circuit henry county adjudging statute state relating peddlers licenses valid conflict constitution statute state declares person deals goods wares merchandise growth produce manufacture state going place place sell peddler imposes license tax upon imposes tax sale made manner like articles grown produced manufactured state discriminates favor latter regulation commerce contrary provisions constitution crow missouri mo state north scott id story constitution ed sects corfield coryell gibbons ogden wheat brown maryland id almy california crandall nevada wall woodruff parham id hinson lott id ward maryland id railroad pennsylvania id railroad richmond id statute attempts derive revenue imports valid must sanction congress courts holding merely imposed tax calling profession vendor upon thing sold ignore doctrine brown maryland wheat tax occupation importer like manner tax importation john hockaday missouri mr buckner contra statute question provide system taxation discriminates prejudicially articles manufactured beyond limits state extent effect osborne mobile wall merely defines calling occupation peddler requires license therefor certain specified rates renders liable criminal prosecution pursues calling occupation without license right state tax citizens prosecution particular business profession within state doubted nathan louisiana cummings savannah charlt roquet wade ohio beal state blackf austin state mo simmons state id id mo wall although doctrine clearly settled country may even regulate commerce long congress intervene legislation pet id question arise case act impose tax upon property prevent seek prevent importation kind goods whatever neither imposes conditions upon places impediments way free interchange commodities countries cost license controlled value goods sold mode business done foot peddler pays less license wagon steamboat peddler although sales may largely exceed entirely within province state license tax avocations legislature may deem proper statute question interfere commercial relations constitutional valid justice field delivered opinion case comes us writ error missouri involves consideration validity statute state discriminating favor goods wares merchandise growth product manufacture state growth product manufacture countries conditions upon sale made travelling dealers plaintiff error dealer manufactured without state missouri went place place state selling without license purpose offence indicted convicted one circuit courts state sentenced pay fine fifty dollars committed paid appeal state judgment affirmed statute conviction declares whoever deals sale goods wares merchandise except books charts maps stationery growth produce manufacture state going place place sell shall deemed peddler enacts person shall deal peddler without license prescribes rates charge licenses varying according manner business conducted whether party carrying goods foot use beasts burden carts land carriage boats river vessels penalties imposed dealing without license prescribed license required selling similar way going place place state goods growth product manufacture state license charge exacted sought maintained tax upon calling held tax state calling says limited sale merchandise growth product state general power state impose taxes way licenses upon pursuits occupations within limits admitted like powers must exercised subordination requirements federal constitution business occupation consists sale goods license tax required pursuit effect tax upon goods tax within power state levy matters whether raised directly goods indirectly license sealer tax conflict power vested congress constitution less invalid enforced form personal license case brown maryland wheat question arose whether act legislature maryland requiring importers foreign goods pay state license tax selling form condition imported valid constitutional contended tax imposed importation foreign goods upon trade occupation selling goods wholesale imported tax said counsel upon profession trade party trade carried within state laid upon principle usual taxes upon retailers hawkers peddlers upon trade exercised within state decision replied impossible conceal fact mode taxation varying form without varying substance tax occupation importer tax importation must add price article paid consumer importer like manner direct duty article treating exaction license tax importer tax goods imported held act maryland conflict constitution clause prohibiting state without consent congress laying impost duty imports exports clause investing congress power regulate commerce foreign nations like manner license tax exacted state missouri dealers goods product manufacture state sold place place within state must regarded tax upon goods question presented whether legislation thus discriminating products conditions sale certain class dealers valid constitution contended state courts urged legislation violates clause constitution declares congress shall power regulate commerce foreign nations among several power regulate conferred clause upon congress one without limitation regulate commerce prescribe rules shall governed conditions upon shall conducted determine far shall free untrammelled far shall burdened duties imposts far shall prohibited commerce term largest import comprehends intercourse purposes trade forms including transportation purchase sale exchange commodities citizens country citizens subjects countries citizens different power regulate embraces instruments commerce may conducted far instruments concerned subjects local operation held may provide regulations congress acts reference subject power applies national character nature admit uniformity regulation power exclusive state authority denied portion commerce foreign countries consists transportation exchange commodities national importance admits requires uniformity regulation object investing power general government insure uniformity discriminating state legislation depressed condition commerce obstacles growth previous adoption constitution want single controlling authority frequently referred commenting upon power question regulated says chief justice marshall delivering opinion brown maryland foreign nations single view interests disunited efforts counteract restrictions rendered impotent want combination congress indeed possessed power making treaties inability federal government enforce became apparent render power great degree useless felt injury arising state things capable estimating influence commerce prosperity nations perceived necessity giving control important subject single government may doubted whether evils proceeding feebleness federal government contributed great revolution introduced present system deep general conviction commerce regulated congress wheat power insures uniformity commercial regulation must cover property transported article commerce hostile interfering legislation mingled become part general property country subjected like similar protection greater burdens time thus become incorporated mass property state nation subjected restrictions state legislation object investing control congress may entirely defeated missouri require license tax sale travelling dealers goods growth product manufacture countries may require license tax condition sale ordinary merchants amount tax matter resting exclusively discretion power state exact license tax amount admitted authority remain control action however unreasonable oppressive imposts operating absolute exclusion goods possible evils discriminating state legislation favorable interests one state injurious interests countries existed previous adoption constitution might follow experience last fifteen years shows follow action difficulty true cases character drawing line precisely commercial power congress ends power state begins similar difficulty felt brown maryland drawing line distinction restriction upon power lay duty imports acknowledged power tax persons property observed two though quite distinguishable approach may yet like intervening colors white black approach nearly perplex understanding colors perplex vision marking distinction distinction exists must marked cases arise observing might premature state rule universal application held importer acted upon thing imported become incorporated mixed mass property country lost distinctive character import become subject taxing power state remaining property importer warehouse original form package imported tax upon plainly duty imports prohibited constitution following guarded language case observe observed premature state rule universal application determine commercial power federal government commodity ceased power state commenced sufficient hold commercial power continues commodity ceased subject discriminating legislation reason foreign character power protects even entered state burdens imposed reason foreign origin act missouri encroaches upon power respect therefore judgment unconstitutional void fact congress seen fit prescribe specific rules govern commerce affect question inaction subject considered reference legislation respect foreign commerce equivalent declaration commerce shall free untrammelled main object commerce sale exchange commodities policy thus established defeated discriminating legislation like missouri views expressed supported case brown maryland already cited also case woodruff parham wall case state freight tax wall case woodruff parham justice miller speaking observing respect law alabama consideration attempt discriminate injuriously products rights citizens case therefore attempt fetter commerce among deprive citizens privilege immunity said law operation opinion infringement provisions constitution relate subjects therefore void judgment state missouri must reversed cause remanded directions enter judgment reversing judgment circuit directing discharge defendant imprisonment suffer depart without day