OUR CONSTITUTIONAL SHIPPING POLICY. 77 



cherish in his heart a due attachment to the Union of America, and be able 

 to set a due value on the means of preserving it. * * * It must indeed 

 be numbered among the greatest blessings of America that, as her Union 

 will be the only source of her maritime strength, so this will be a principal 

 source of her security against danger from abroad. * * * 



"The defect of power in the existing Confederacy to regulate the com- 

 merce between its several members is in the number of those which have 

 been pointed out by experience. * * * Without this supplemental 

 provision, the great and essential power of regulating foreign commerce 

 would be incomplete and ineffectual." 



In 1787 a National Convention, composed of delegates from all the 

 states except Rhode Island, met, considered and completed the Federal 

 Constitution. The only discussion of the power to "regulate commerce" 

 was in connection with its use for the encouragement of the merchant 

 marine, in which the question was on a resolution that bills for "naviga- 

 tion laws" should receive a "two-thirds vote." This was decided in the 

 negative, and the necessary clause was afterwards agreed to unanimously. 



As near perfection as it was, the new Constitution had much opposition 

 in the public press. Hamilton and Madison, both members of the Conven- 

 tion, were the most distinguished writers in its explanation and defense. 

 Concerning the power to regulate commerce, Mr. Madison wrote : — 



"If the new Constitution be examined with accuracy and candor, it 

 will be found that the change which it proposes consists much less in the 

 addition of new powers to the Union than in the invigoration of the original 

 powers. The regulation of commerce, it is true, is a new power, but that 

 seems to be an addition which few oppose, and from which no apprehensions 

 are entertained." 



It should be understood that all the powers of the Constitution are 

 derived from the states, and were given up by them and taken over by 

 the Federal Government, not for ornament or to be laid aside, but for 

 actual use — for the advantage and benefit of the nation forever. The 

 powers of government not essential to national administration remain 

 with the states. They refused to give up any power not thus essential. 

 In the nature of the case, every power given up was transferred on condi- 

 tion and promise of its faithful exercise. The Federal Government had no 

 moral right to receive, on any condition, any power whatever that it did 

 not intend to exercise; and only in bad faith can it relegate any power to 

 desuetude. The "suspension" of ship protection, or of any other promise, 

 is a violation of compact. 



It seems to be supposed by many that Congress may enact laws regard- 



