Constitutional history -- United States -- Sources; Constitutional law -- United States
The interfering and unneighborly regulations of some States, contrary to
the true spirit of the Union, have, in different instances, given just
cause of umbrage and complaint to others, and it is to be feared that
examples of this nature, if not restrained by a national control, would
be multiplied and extended till they became not less serious sources
of animosity and discord than injurious impediments to the intercourse
between the different parts of the Confederacy. "The commerce of the
German empire(2) is in continual trammels from the multiplicity of the
duties which the several princes and states exact upon the merchandises
passing through their territories, by means of which the fine streams
and navigable rivers with which Germany is so happily watered are
rendered almost useless." Though the genius of the people of this
country might never permit this description to be strictly applicable
to us, yet we may reasonably expect, from the gradual conflicts of
State regulations, that the citizens of each would at length come to
be considered and treated by the others in no better light than that of
foreigners and aliens.
The power of raising armies, by the most obvious construction of the
articles of the Confederation, is merely a power of making requisitions
upon the States for quotas of men. This practice in the course of the
late war, was found replete with obstructions to a vigorous and to an
economical system of defense. It gave birth to a competition between the
States which created a kind of auction for men. In order to furnish the
quotas required of them, they outbid each other till bounties grew to
an enormous and insupportable size. The hope of a still further
increase afforded an inducement to those who were disposed to serve to
procrastinate their enlistment, and disinclined them from engaging for
any considerable periods. Hence, slow and scanty levies of men, in
the most critical emergencies of our affairs; short enlistments at an
unparalleled expense; continual fluctuations in the troops, ruinous
to their discipline and subjecting the public safety frequently to
the perilous crisis of a disbanded army. Hence, also, those oppressive
expedients for raising men which were upon several occasions practiced,
and which nothing but the enthusiasm of liberty would have induced the
people to endure.
Public-domain text, read in full here on John Shaqi.
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