A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
We know from the history of the Constitution what these inconveniences
were. Different States admitted foreign imports at different rates of
duty. Those which had prescribed a higher rate of duty for the purpose
of increasing their revenue were defeated in this object by the
legislation of neighboring States admitting the same foreign articles
at lower rates. Hence jealousies and dangerous rivalries had sprung up
between the different States. It was chiefly in the desire to provide
a remedy for these evils that the Federal Convention originated. The
Constitution, for this purpose, conferred upon Congress the power to
regulate commerce in such a manner that duties should be uniform in all
the States composing the Confederacy, and, moreover, expressly provided
that "no preference shall be given by any regulation of commerce or
revenue to the ports of one State over those of another." If the
construction of a harbor or deepening the channel of a river be a
regulation of commerce, as the advocates of this power contend, this
would give the ports of the State within which these improvements were
made a preference over the ports of other States, and thus be a
violation of the Constitution.
It is not too much to assert that no human being in existence when the
Constitution was framed entertained the idea or the apprehension that
by conferring upon Congress the power to regulate commerce its framers
intended to embrace the power of constructing roads and canals and of
creating and improving harbors and deepening the channels of rivers
throughout our extensive Confederacy. Indeed, one important branch of
this very power had been denied to Congress in express terms by the
Convention. A proposition was made in the Convention to confer on
Congress the power "to provide for the cutting of canals when deemed
necessary." This was rejected by the strong majority of eight States to
three. Among the reasons given for this rejection was that "the expense
in such cases will fall on the United States and the benefits accrue
to the places where the canals may be cut."
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