Any discussion of a subject of so much interest and importance as that which has been assigned to me by the courtesy of the Association, within the limit of time allowed, must necessarily be exceedingly condensed, and more or less partial and superficial.

It is doubtful whether 12 words have ever been written in any law which have been fraught with more momentous consequences, than those found in Section 8 of Article I of the Constitution of our country which declare that:

“The Congress shall have power … to regulate commerce among the several States.”

Among the causes which led up to the formation of the Constitution and the establishment of the Federal government under it, the following may be mentioned as the most potential:

1. The impotency of the Confederacy to protect international and interstate commerce, and navigation over the high seas, and upon the navigable waters of the several States.

2. The insolvency of the Confederacy because of its abject dependence upon the States for its revenues.

3. The injury to the States from the abuse by some of them of the power to tax and control interstate traffic.

4. The imbecility of the Confederacy in respect to the protection of the States against the injurious or hostile acts of foreign nations, and from domestic violence.