The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English StyleWebster, Daniel
History
The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English Style
Webster, Daniel
Speeches, addresses, etc., American; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
I contend, therefore, that the people intended, in establishing the
Constitution, to transfer from the several States to a general
government those high and important powers over commerce, which, in
their exercise, were to maintain a uniform and general system. From the
very nature of the case, these powers must be exclusive; that is, the
higher branches of commercial regulation must be exclusively committed
to a single hand. What is it that is to be regulated? Not the commerce
of the several States, respectively, but the commerce of the United
States. Henceforth, the commerce of the States was to be a _unit_, and
the system by which it was to exist and be governed must necessarily be
complete, entire, and uniform. Its character was to be described in the
flag which waved over it, E PLURIBUS UNUM. Now, how could individual
States assert a right of concurrent legislation, in a case of this sort,
without manifest encroachment and confusion? It should be repeated, that
the words used in the Constitution, "to regulate commerce," are so very
general and extensive, that they may be construed to cover a vast field
of legislation, part of which has always been occupied by State laws;
and therefore the words must have a reasonable construction, and the
power should be considered as exclusively vested in Congress so far, and
so far only, as the nature of the power requires. And I insist, that the
nature of the case, and of the power, did imperiously require, that such
important authority as that of granting monopolies of trade and
navigation should not be considered as still retained by the States.
It is apparent from the prohibitions on the power of the States, that
the general concurrent power was not supposed to be left with them. And
the exception out of these prohibitions of the inspection laws proves
this still more clearly. Which most concerns the commerce of this
country, that New York and Virginia should have an uncontrolled power to
establish their inspection of flour and tobacco, or that they should
have an uncontrolled power of granting either a monopoly of trade in
their own ports, or a monopoly of navigation over all the waters leading
to those ports? Yet the argument on the other side must be, that,
although the Constitution has sedulously guarded and limited the first
of these powers, it has left the last wholly unlimited and uncontrolled.
Public-domain text, read in full here on John Shaqi.
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