Constitutional history -- United States -- Sources; Constitutional law -- United States
The regulation of foreign commerce, having fallen within several views
which have been taken of this subject, has been too fully discussed to
need additional proofs here of its being properly submitted to the
federal administration. It were doubtless to be wished, that the power
of prohibiting the importation of slaves had not been postponed until
the year 1808, or rather that it had been suffered to have immediate
operation. But it is not difficult to account, either for this
restriction on the general government, or for the manner in which the
whole clause is expressed. It ought to be considered as a great point
gained in favor of humanity, that a period of twenty years may
terminate forever, within these States, a traffic which has so long and
so loudly upbraided the barbarism of modern policy; that within that
period, it will receive a considerable discouragement from the federal
government, and may be totally abolished, by a concurrence of the few
States which continue the unnatural traffic, in the prohibitory example
which has been given by so great a majority of the Union. Happy would
it be for the unfortunate Africans, if an equal prospect lay before
them of being redeemed from the oppressions of their European brethren!
Attempts have been made to pervert this clause into an objection
against the Constitution, by representing it on one side as a criminal
toleration of an illicit practice, and on another as calculated to
prevent voluntary and beneficial emigrations from Europe to America. I
mention these misconstructions, not with a view to give them an answer,
for they deserve none, but as specimens of the manner and spirit in
which some have thought fit to conduct their opposition to the proposed
government. The powers included in the THIRD class are those which
provide for the harmony and proper intercourse among the States. Under
this head might be included the particular restraints imposed on the
authority of the States, and certain powers of the judicial department;
but the former are reserved for a distinct class, and the latter will
be particularly examined when we arrive at the structure and
organization of the government. I shall confine myself to a cursory
review of the remaining powers comprehended under this third
description, to wit: to regulate commerce among the several States and
the Indian tribes; to coin money, regulate the value thereof, and of
foreign coin; to provide for the punishment of counterfeiting the
current coin and secureties of the United States; to fix the standard
of weights and measures; to establish a uniform rule of naturalization,
and uniform laws of bankruptcy, to prescribe the manner in which the
public acts, records, and judicial proceedings of each State shall be
proved, and the effect they shall have in other States; and to
establish post offices and post roads. The defect of power in the
existing Confederacy to regulate the commerce between its several
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