In the courts of many other States, statutes imposing a penalty for peddling, without a license, all goods of particular kinds, and not discriminating against goods brought from other States, or from foreign countries, have been held not to be repugnant to the Constitution of the United States.

Missouri. 5 55 Thus far we have been concerned with Marshall's use of the commerce clause as an instrument of ne-52

"A person who carries jewelry from county to county for sale, is liable to the tax of twenty dollars imposed upon peddlers."—

The clause which prohibits the State from imposing a tax or duty on imports has been held to extend not only to the act of importation, but to the article imported, while it is kept for sale in bulk or package, but the restriction is removed the moment the article is withdrawn from the market as a subject of commerce and diverted to the importer's pri. vate use, or is offered for …

—above referred to, thus expresses itself: "It would seem to follow that a tax may constitutionally be imposed on such goods thus appropriated to private use, or. offered for sale in a peculiar manner, although they be taxed by the name of goods imported, or goods not of the produc-JANUARY TERM, 1867. 117

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