The Commercial Power of Congress Considered in the Light of Its Origin the Or

er commerce went through a development from 1781 to 1786, similar to that which we have seen proceeding in the country. In Congress, as out of it, the development virtually began with the representations of New Jersey; for John Witherspoon's motion of February 3, 1781, conformed to the principle of the representations, he being a delegate from that State. His motion recited that it was indispensably necessary that the United States in Congress assembled should be vested with a right "of superintending the commercial regulations of every State, that none might take place that shall be partial or contrary to the common interest"; and granted to Congress the exelusive right of laying duties upon all imported articles; no restriction, however, to be valid and no duty to be laid without the consent of at least nine States.' The motion was ahead of its time, opinion in Congress had not developed sufficiently to support it, and that body was on this very date occupied with the Report of the Committee of the Whole on the Revenue. The motion was therefore defeated,2 and contributed nothing to subsequent efforts to enlarge the powers of Congress. Disregarding Witherspoon's motion and neglecting the revenue measures, the permanent movement for enlarging Congressional control over commerce began in that body with the recommendation of a prohibitory measure, in the report of the committee of which Thomas Jefferson was chairman, in April 1784, advising that the legislatur...