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 was undoubtedly the purpose of those who sought for this particular
restriction, to qualify the nature of the government, in its relation
to the interests of commerce. But the real question was, whether there
existed any necessary reason for placing those interests upon a
different footing from that of all other subjects of national
legislation. The operation of the old rule of the Confederation, which
required the assent of nine States in Congress to almost all the
important measures of government, many of which involved no
fundamental right of separate States, had revealed the inconveniences
of lodging in the hands of a minority the power to obstruct just and
necessary legislation. If, indeed, it was highly probable that the
power, by being left with a majority, would be abused,--if the
interests of the Eastern and Middle States were purely and wholly
commercial, and would be likely so to shape the legislation of the
country as to encourage the growth of its mercantile marine, at the
expense of other forms of industry and enterprise, and no other
suitable and efficient checks could be found,--then the restriction
proposed might be proper and necessary.
But in truth the separate interests of the Eastern and Middle States,
when closely viewed, were not in all respects the same. Connecticut
and New Jersey were agricultural States. New York and Pennsylvania,
although interested in maritime commerce, were destined to be great
producers of the most important grains. Maryland, although a
commercial, was also an agricultural State. The new States likely to
be formed in the West would be almost wholly agricultural, and would
have no more shipping than might be required to move the surplus
products of their soil upon their great inland lakes towards the
shores of the Atlantic. All these States, existing and expectant, were
interested to obtain commercial treaties with foreign countries; all
needed the benefits of uniform commercial regulations; but they were
not all equally interested in a high degree of encouragement to the
growth of American shipping, by means of a stringent navigation act,
that would bear heavily upon the Southern planter.
Not only was there a very considerable protection against the abuse of
its power by a sectional majority, in these more minute diversities of
interest, but there were also two very efficient legislative checks
upon that power already introduced into the government. If an unjust
and oppressive measure had commanded a majority in the House, it might
be defeated in the Senate, or, if that check should fail, it might be
arrested by the executive.
Public-domain text, read in full here on John Shaqi.
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