History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
It might undoubtedly have been considered that, as the want of a power
in the Confederation to make uniform commercial regulations affecting
the foreign and domestic relations of the States was one of the
principal causes of the assembling of this Convention, such a power
was implied in the terms of the resolution, which had declared the
general principles on which the authority of the national legislature
ought to be regulated. Still, it remained to be determined what kind
of regulation of commerce was required by "the general interests of
the Union," or how far the States were incompetent, by their separate
legislation, to deal with the interests of commerce so as to promote
"the harmony of the United States." In the same way, a power to obtain
revenues might be implied on the same general principles. But whether
the commercial power foreshadowed in these broad declarations was to
be limited or unlimited; whether there were any special objects or
interests to which it was not to extend; and whether the revenues of
the government were to be derived from imposts laid at pleasure upon
imports or exports, or both; whether they might be derived from
excises on the manufactures or produce of the country; whether its
power of direct taxation was to be exercised under further limitations
than those already agreed upon for the apportionment of direct taxes
among the States;--all these details were as yet entirely unsettled.
Two subjects, one of which might fall within a general commercial
power, and the other within a general power to raise revenues, had
already been incidentally alluded to, and both were likely to create
great embarrassment. General Pinckney had twice given notice that
South Carolina could not accede to the new Union proposed, if it
possessed a power to tax exports.[211] It had also become apparent, in
the discussions and arrangements respecting the apportionment of
representatives, that the possible encouragement of the slave-trade,
which might follow an admission of the blacks into the rule of
representation, was one great obstacle, in the view of the Northern
States, to such an admission; and at the same time, that it was very
doubtful whether all the Southern States would surrender to the
general government the power to prohibit that trade.[212] The
compromise which had already taken place on the subject of
representation had settled the principles on which that difficult
matter was to be arranged. But the power to increase the slave
populations by continued importation had not been agreed to be
surrendered; and unless some satisfactory and reasonable adjustment
could be made on this subject, there could be no probability that the
Constitution would be finally ratified by the people of the Northern
States.[213] It is necessary, therefore, to look carefully at these
two subjects, namely, the taxation of exports and the prohibition of
the slave-trade.
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