Constitutional history -- United States -- Sources; Constitutional law -- United States
The defect of power in the existing Confederacy to regulate the commerce
between its several members, is in the number of those which have been
clearly pointed out by experience. To the proofs and remarks which
former papers have brought into view on this subject, it may be added
that without this supplemental provision, the great and essential
power of regulating foreign commerce would have been incomplete and
ineffectual. A very material object of this power was the relief of the
States which import and export through other States, from the improper
contributions levied on them by the latter. Were these at liberty to
regulate the trade between State and State, it must be foreseen that
ways would be found out to load the articles of import and export,
during the passage through their jurisdiction, with duties which would
fall on the makers of the latter and the consumers of the former. We may
be assured by past experience, that such a practice would be introduced
by future contrivances; and both by that and a common knowledge of human
affairs, that it would nourish unceasing animosities, and not improbably
terminate in serious interruptions of the public tranquillity. To
those who do not view the question through the medium of passion or of
interest, the desire of the commercial States to collect, in any form,
an indirect revenue from their uncommercial neighbors, must appear not
less impolitic than it is unfair; since it would stimulate the injured
party, by resentment as well as interest, to resort to less convenient
channels for their foreign trade. But the mild voice of reason, pleading
the cause of an enlarged and permanent interest, is but too often
drowned, before public bodies as well as individuals, by the clamors of
an impatient avidity for immediate and immoderate gain.
The necessity of a superintending authority over the reciprocal trade of
confederated States, has been illustrated by other examples as well as
our own. In Switzerland, where the Union is so very slight, each canton
is obliged to allow to merchandises a passage through its jurisdiction
into other cantons, without an augmentation of the tolls. In Germany it
is a law of the empire, that the princes and states shall not lay tolls
or customs on bridges, rivers, or passages, without the consent of
the emperor and the diet; though it appears from a quotation in an
antecedent paper, that the practice in this, as in many other instances
in that confederacy, has not followed the law, and has produced there
the mischiefs which have been foreseen here. Among the restraints
imposed by the Union of the Netherlands on its members, one is, that
they shall not establish imposts disadvantageous to their neighbors,
without the general permission.
Public-domain text, read in full here on John Shaqi.
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