e 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 securities 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 members, is in the number of those which have been
clearly pointed out by experience. To the proofs and remarks which
former papers have brought into view on this subject, it may be added
that without this supplemental provision, the great and essential
power of regulating foreign commerce would have been incomplete and
ineffectual. A very material object of this power was the relief of the
States which import and export through other States, from the improper
contributions levied on them by the latter. Were these at liberty to
regulate the trade between State and State, it must be foreseen that
ways would be found out to load the articles of import and export,
during the passage through their jurisdiction, with duties which would
fall on the makers of the latter and the consumers of the former. We may
be assured by past experience, that such a practice would be introduced
by future contrivances; and both by that and a common knowledge of human
affairs, that it would nourish unceasing animosities, and not improbably
terminate in serious interruptions of the public tranquillity. To
those who do not view the question through the medium of passion or of
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