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
There is one other restraint upon the revenue, as well as upon the
commercial power, the history of which now demands our inquiries. But
in order to understand it correctly, it will be necessary for the
reader to recur to the position in which the revenue and commercial
powers were left by the sectional compromises described in the last
chapter. The struggle between the Northern and the Southern States
concerning the limitations of those powers turned, as we have seen, on
certain restrictions desired by the latter. They wished to have
exports excepted out of the revenue power; they wished to have a vote
of two thirds made necessary to the passage of any commercial
regulation; and three of them wished to have the slave-trade excepted
from both the revenue and the commercial powers. We have seen that the
result of the sectional compromises was to leave the commercial and
revenue powers unlimited, excepting by the saving in relation to the
slave-trade; that they left the revenue power unlimited, excepting by
the restriction concerning exports and a capitation tax; and that the
commercial power was to be exercised, like other legislative powers,
by a majority in Congress. General commercial and revenue powers,
then, without other restrictions than these, would enable Congress to
collect their revenues where they should see fit, without obliging
them to adopt the old ports of entry of the States, or to consider the
place where a cargo was to be unladen. They might have custom-houses
in only one place in each State, or in only such States as they might
choose to select, and might thus compel vessels bound from or to all
the other States to clear or enter at those places. But, on the other
hand, a constitutional provision which would require them to establish
custom-houses at the old ports of entry of the States, without leaving
them at liberty to establish other ports of entry, or to compel
vessels to receive on board revenue officers before they had reached
their ports of destination, would create opportunities and facilities
for smuggling.
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