Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/513

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CH. XV.]
POWERS OF CONGRESS—COMMERCE.
505

shadow of sovereignty, to mock our hopes, and involve us in a common ruin.

§ 1054. The oppressed and degraded state of commerce, previous to the adoption of the constitution, can scarcely be forgotten. It was regulated by foreign nations with a single view to their own interests; and our disunited efforts to counteract their restrictions were rendered impotent by a want of combination. Congress, indeed, possessed the power of making treaties; but the inability of the federal government to enforce them had become so apparent, as to render that power in a great degree useless. Those, who felt the injury arising from this state of things, and those, who were capable of estimating the influence of commerce on the prosperity of nations, perceived the necessity of giving the control over this important subject to a single government. It is not, therefore, matter of surprise, that the grant should be as extensive, as the mischief, and should comprehend all foreign commerce, and all commerce among the states.[1]

§ 1055. But this subject has been already so much discussed, and the reasons for conferring the power so fully developed, that it seems unnecessary to dwell farther upon its importance and necessity.[2] In the convention there does not appear to have been any considerable (if, indeed, there was any) opposition to the grant of the power. It was reported in the first draft of the constitution exactly, as it now stands, ex-
  1. Brown v. State of Maryland, 12 Wheat. R. 410, 445, 446; 1 Tucker's Black. Comm. App. 248 to 252; 1 Amer. Museum, 8, 272, 273, 281, 282, 288; 2 Amer. Museum, 263 to 270; id. 371, 372; The Federalist, No. 7, 11, 22; Mr. Madison's Letter to Mr. Cabell, 18th Sept. 1828; 5 Marshall's Life of Washington, ch. 2, p. 74 to 80; 2 Pitkin's Hist. 189, 192.
  2. The Federalist, No. 7, 11, 12, 22, 41, 42.

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