Constitutional history -- United States -- Sources; Constitutional law -- United States
The want of a power to regulate commerce is by all parties allowed to
be of the number. The utility of such a power has been anticipated
under the first head of our inquiries; and for this reason, as well as
from the universal conviction entertained upon the subject, little need
be added in this place. It is indeed evident, on the most superficial
view, that there is no object, either as it respects the interests of
trade or finance, that more strongly demands a federal superintendence.
The want of it has already operated as a bar to the formation of
beneficial treaties with foreign powers, and has given occasions of
dissatisfaction between the States. No nation acquainted with the
nature of our political association would be unwise enough to enter
into stipulations with the United States, by which they conceded
privileges of any importance to them, while they were apprised that the
engagements on the part of the Union might at any moment be violated by
its members, and while they found from experience that they might enjoy
every advantage they desired in our markets, without granting us any
return but such as their momentary convenience might suggest. It is
not, therefore, to be wondered at that Mr. Jenkinson, in ushering into
the House of Commons a bill for regulating the temporary intercourse
between the two countries, should preface its introduction by a
declaration that similar provisions in former bills had been found to
answer every purpose to the commerce of Great Britain, and that it
would be prudent to persist in the plan until it should appear whether
the American government was likely or not to acquire greater
consistency.[1]
Several States have endeavored, by separate prohibitions, restrictions,
and exclusions, to influence the conduct of that kingdom in this
particular, but the want of concert, arising from the want of a general
authority and from clashing and dissimilar views in the State, has
hitherto frustrated every experiment of the kind, and will continue to
do so as long as the same obstacles to a uniformity of measures
continue to exist.
Public-domain text, read in full here on John Shaqi.
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