History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
But there was an objection made by the State of New Jersey, which should
be particularly noticed here, because it foreshadowed the great idea
which the Constitution of the United States afterwards embodied. This
objection was, that the Articles of Confederation contained no provision
by which the foreign trade of the country would be placed under the
regulation of Congress. The sixth of the Articles of Confederation
declared, that no State should levy any imposts or duties, which might
interfere with any stipulations entered into by the United States with
any foreign power pursuant to the treaties already proposed to the
courts of France and Spain; while the ninth article declared that no
treaty of commerce should be made by the United States, whereby the
legislative power of the respective States should be restrained from
imposing such imposts and duties on foreigners as their own people were
subjected to, or from prohibiting the exportation or importation of any
species of goods or commodities whatsoever. The effect of these
provisions was simply to restrain the States from laying imposts which
would interfere with the then proposed treaties; in all other respects,
the foreign trade of each State was left to be regulated by State
legislation.
The legislature of New Jersey, in a very able memorial, laid before
Congress on the 25th of June, 1778, declared that the sole and exclusive
power of regulating the trade of the United States with foreign nations
ought to be clearly vested in the Congress, and that the revenue arising
from duties and customs ought to be appropriated to the building and
support of a navy for the protection of trade and the defence of the
coasts, and to other public and general purposes, for the common benefit
of the States. They suggested that a great security would be derived to
the Union, from such an establishment of a common and mutual
interest.[142] But this suggestion was both premature and tardy. It was
premature, because the States had not yet learned that their control
over foreign commerce must be surrendered, if they would avoid the evils
of perpetual conflict with each other; and it came too late, because the
Articles of Confederation were practically incapable of amendment, at
the period when the suggestion was made.[143]
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