measures, all of a marked
character, preceding the adoption of the Constitution. As early as
the year 1781 Congress recommended it to the States to vest in the
United States a power to levy a duty of 5 per cent on all goods imported
from foreign countries into the United States for the term of fifteen
years. In 1783 this recommendation, with alterations as to the kind of
duties and an extension of this term to twenty-five years, was repeated
and more earnestly urged. In 1784 it was recommended to the States
to authorize Congress to prohibit, under certain modifications, the
importation of goods from foreign powers into the United States for
fifteen years. In 1785 the consideration of the subject was resumed,
and a proposition presented in a new form, with an address to the
States, explaining fully the principles on which a grant of the power
to regulate trade was deemed indispensable. In 1786 a meeting took place
at Annapolis of delegates from several of the States on this subject,
and on their report a convention was formed at Philadelphia the ensuing
year from all the States, to whose deliberations we are indebted for
the present Constitution.

In none of these measures was the subject of internal improvement
mentioned or even glanced at. Those of 1784, 1785, 1786, and 1787,
leading step by step to the adoption of the Constitution, had in view
only the obtaining of a power to enable Congress to regulate trade with
foreign powers. It is manifest that the regulation of trade with the
several States was altogether a secondary object, suggested by and
adopted in connection with the other. If the power necessary to this
system of improvement is included under either branch of this grant,
I should suppose that it was the first rather than the second. The
pretension to it, however, under that branch has never been set up.
In support of the claim under the second no reason has been assigned
which appears to have the least weight.

The fourth claim is founded on the right of Congress to "pay the debts
and provide for the common defense and general welfare" of the United
States. This claim has less reason on its side than either of those
which we have already examined. The power of which this forms a part
is expressed in the following words: "Congress shall have power to lay
and collect taxes, duties, imposts, and excises; to pay the debts and
provide for the common defense and general welfare of the United States;
but all d