Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/480

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472
CONSTITUTION OF THE U. STATES.
[BOOK III.

ports." The clause was then amended by adding, "or exports," not however without opposition, six states voting in the affirmative, and five in the negative;"[1] and again by adding, "nor with such consent, but for the use of the treasury of the United States," by a vote of nine states against two.[2] In the revised draft, the clause was reported as thus amended. The clause was then altered to its present shape by a vote of ten states against one; and the clause, which respects the duty on tonnage, was then added by a vote of six states against four, one being divided.[3] So, that it seems, that a struggle for state powers was constantly maintained with zeal and pertinacity throughout the whole discussion. If there is wisdom and sound policy in restraining the United States from exercising the power of taxation unequally in the states, there is, at least, equal wisdom and policy in restraining the states themselves from the exercise of the same power injuriously to the interests of each other. A petty warfare of regulation is thus prevented, which would rouse resentments, and create dissensions, to the ruin of the harmony and amity of the states. The power to enforce their respective laws is still retained, subject to the revision and control of congress; so, that sufficient provision is made for the convenient arrangement of their domestic and internal trade, whenever it is not injurious to the general interests.[4]

§ 1014. Inspection laws are not, strictly speaking, regulations of commerce, though they may have a
  1. Journ. of Convention, 227, 303.
  2. Id. 303, 304.
  3. Journ. of Convention, 359, 380, 381. See 2 American Museum, 534; id. 540.
  4. The Federalist, No. 44; 1 Tuck. Black. Comm. App. 252, 313. See also 2 Elliot's Debates, 354 to 356; Journ. of Convention, 294, 295.