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 appears that the people of Maryland felt some apprehension that an
unrestricted power to make commercial and fiscal regulations might
result in compelling vessels bound to or from Baltimore to enter or
clear at Norfolk, or some other port in Virginia. The delegates of
Maryland accordingly introduced a proposition, which embraced two
ideas; first, that Congress shall not oblige vessels, domestic or
foreign, to enter or pay duties or imposts in any other State than in
that to which they may be bound, or to clear from any other State than
that in which their cargoes may be laden; secondly, that Congress
shall not induce vessels to enter or clear in one State in preference
to another, by any privileges or immunities.[241] This proposition
became the basis of that clause of the Constitution, which declares
that "no preference shall be given by any regulation of commerce or
revenue to the ports of one State over those of another; nor shall
vessels bound to, or from, one State, be obliged to enter, clear, or
pay duties in another."[242]
It was while this subject of the equal operation of the commercial and
revenue powers upon the different States was under consideration, that
the further provision was devised and incorporated into the
Constitution, which requires all duties, imposts, and excises to be
uniform throughout the United States. This clause, in the final
revision of the instrument, was annexed to the power of taxation.[243]
The commercial power, besides being subjected to the restrictions
which have been thus described, was extended to a subject not embraced
in it by the report of the committee of detail. They had included in
it "commerce with foreign nations, and among the several
States";--meaning, by the former term, not to include the Indian
tribes upon this continent, but all other communities, civilized and
barbarian, foreign to the people of the United States. By the system
which had always prevailed in the relations of Europeans and their
descendants with the Indians of America, those tribes had constantly
been regarded as distinct and independent political communities,
retaining their original rights, and among them the undisputed
possession of the soil; subject to the exclusive right of the European
nation making the first discovery of their territory to purchase it.
This principle, incorporated into the public law of Europe at the time
of the discovery and settlement of the New World, and practised by
general consent of the nations of Europe, was the basis of all the
relations maintained with the Indian tribes by the imperial
government, in the time of our colonial state, by our Revolutionary
Congress, and by the United States under the Confederation. It
recognized the Indian tribes as nations, but as nations peculiarly
situated, inasmuch as their intercourse and their power to dispose of
their landed possessions were restricted to the first discoverers of
their territory. This peculiar condition drew after it two
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