[1180] Italics the author's.
[1181] Annals, 18th Cong. 1st Sess. 1308.
[1182] Ib. 1310-11. The bill passed, 115 yeas to 86 nays. (Ib. 1468-69.)
[1183] See infra, 535-36.
[1184] See infra, chap. x.
[1185] See vol. i, 310-12, of this work; also Marshall: Life of George Washington, 2d ed. ii, 105-06, 109-10, 125. And see Madison's "Preface to Debates in the Convention of 1787." (Records of the Federal Convention: Farrand, iii, 547.) "The want of authy. in Congs. to regulate Commerce had produced in Foreign nations particularly G. B. a monopolizing policy injurious to the trade of the U. S. and destructive to their navigation.... The same want of a general power over Commerce led to an exercise of this power separately, by the States, wch not only proved abortive, but engendered rival, conflicting and angry regulations."
[1186] Records, Fed. Conv.: Farrand, ii, 143. The provision in this draft is very curious. It declares that "a navigation act shall not be passed, but with the consent of (eleven states in) <2/3d. of the Members present of> the senate and (10 in) <the like No. of> the house of representatives."
[1187] Ib. 135, 157, 569, 595, 655. Roger Sherman mentioned interstate trade only incidentally. Speaking of exports and imports, he said that "the oppression of the uncommercial States was guarded agst. by the power to regulate trade between the States." (Ib. 308.)
Writing in 1829, Madison said that the commerce clause "being in the same terms with the power over foreign commerce, the same extent, if taken literally, would belong to it. Yet it ... grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged." (Madison to Cabell, Feb. 13, 1829, ib. iii, 478.)
[1188] See Monthly Law Reporter, New Series, x, 177.