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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