XV

HOW THE DEPARTMENT OF COMMERCE AND THE DEPARTMENT OF LABOR HAVE FORWARDED GOVERNMENT FOR THE PEOPLE

U

THE DEPARTMENT OF COMMERCE

PON the surface, at least, the moving cause of

the formation of our present Federal Government was not political, but to promote interstate commerce and trade. We have already seen how the mutual jealousies of the colonies continued between the States during the Revolutionary War, and grew even greater after the Peace of Paris in 1783, which set free the internal strife and passions which had been restrained by the war; and that, by this time, the stronger States, which were collecting their own export and import taxes and getting their credit and finances into better condition, had no desire to form a strong central government to which they would have to surrender unselfishly these advantages and sources of income which were largely at the expense of their weaker neighbors. Therefore, from 1783 to 1787 there was no important political movement or desire for the formation of a strong federal government; but this was not true of the desire to improve the internal trade between the States. Substantially all the state boundaries were imaginary lines. There was a great field for commerce between the States if their laws, practices and currency could be made to favor rather than hinder such trade.

Virginia and Maryland were the first to move to bring about closer commercial relations. Early in 1785, their commissioners met at Alexandria, Va., to attempt to

adjust and promote their interstate commerce and trade. Washington requested the commissioners to come to Mt. Vernon as his guests and to carry on their deliberations under his roof. He was about the wealthiest man of his times, and insisted, during the Revolutionary War and throughout his presidency, upon serving his country without any compensation. His knowledge of business and commerce and trade routes was unique; his belief in the future development of his country, based upon his many explorations in the North and West, was invincible and inspiring. The Mt. Vernon Convention recommended annual conferences thereafter, and the Maryland legislature resolved to invite its neighbors, Pennsylvania and Delaware, to join in these conferences. The Virginia Assembly passed a resolution, drawn by Madison, appointing commissioners to meet such other commissioners as should be delegated by the other States.

"to take into consideration the trade of the United States" and "to consider how far a uniform system in their commercial regulations may be necessary to their common interests and permanent harmony."

As a result, commissioners from five States assembled at Annapolis the next year (1786) “to take into consideration the trade and commerce of the United States." Alexander Hamilton was, above all others, the advocate of a strong and trusted federal government, and never failed to advocate measures which would make us a powerful nation and not a weak confederacy. No matter what else came up, Hamilton came back to federalism, and sought to make friends for it and to turn everything to its advantage. Therefore, it was not surprising that in the Annapolis convention Hamilton prepared an address, which was also signed by Madison and Randolph, recommending a future convention of all the States and the

extension of their delegates' powers to other subjects than those of commerce, because the Annapolis Convention, in deliberating on commerce, had been

"induced to think that the power to regulate Trade is of such comprehensive extent and will enter so far into the General System of the Fœderal Government, that to give it efficacy, and to obviate questions and doubts concerning its precise nature and limits may require a correspondent adjustment of other parts of the Fœderal System."

It was as a result of this resolution that the Constitutional Convention of 1787 was called, and thus a proposed improvement in interstate trade and commerce was the bait by which the discordant States were gathered around the council board at which was evolved the United States Constitution. Evidently, this bait belonged not on the authoritative or conductive side of the Government, but solely to its purposive functions. Hence, we can trace back our purposive government, not only to the Declaration of Independence, with its emphasis upon purposive functions, but to our interstate commerce as being the great incentive for the calling of the Constitutional Convention. It was the same thought which had made all the States go into the land and lottery and other businesses in 1784 and thereafter, to help their citizens out of pretty bad holes. No one thought of calling it Socialism, but it antedated modern European political Socialism by three-quarters of a century. Who shall say that purposive government has not been our great underlying, generative, constructive and dynamic thought from the beginning of our national history?

The United States Constitution was not adopted because we wished political liberty; we already had that. Nor because we wished a better form of government; we

were satisfied with those of the States. That Constitution came primarily because all the States wished better commercial and trade relations with the others, and thus to promote the general welfare, and the prosperity of their citizens, the people, individually and collectively.

The Constitutional Convention-possibly the most wonderful assembly of statesmen in our history—started with an apparently irreconcilable divergence of opinion in regard to every constitutional and political subject brought up. All kinds of proposals were made to bring about a working compromise which could receive the votes of nine States; but the ultimate hope of improvement in interstate trade and commerce was the common thought which made the final compromise possible.

This subject cropped up constantly during the convention. On August 20, 1787, Gouveneur Morris, seconded by Mr. Pinckney, submitted a proposal that there should be a Council of State "to assist the President in conducting the public affairs," the third member of this council to be a "Secretary of Commerce and Finance," whose duties were in part "to recommend such things as may in his judgment promote the commercial interests of the United States." There was also to be a Secretary of Domestic Affairs, to have supervision of agriculture, manufactures, roads and navigation. During the struggle for the ratification of the Constitution, Hamilton, writing in The Federalist on the subject of Commerce, said:

"The importance of the Union, in a commercial light, is one of those points about which there is least room to entertain a difference of opinion, and which has, in fact, commanded the most general assent of men who have any acquaintance with the subject. This applies as well to our intercourse with foreign countries as with each other."

Not only had the question of industry and commerce been the inducing cause for the assembling of the Constitutional Convention and for agreeing on a compromise Constitution, but the Constitution was ratified chiefly because the States believed that it would bring to each of them great commercial benefits. They waived their political objections to obtain its commercial advantages.

Commodore John Paul Jones, writing at this time to Lafayette concerning the proposed Constitution, said that he would have eight ministries, namely: State, Treasury, Justice, War, Navy, Post Office, Home Affairs, Commerce. It took 115 years to get these eight cabinet positions-although we made them ten by forming the Department of Agriculture in addition to the Department of the Interior, and the Departments of Commerce and Labor instead of the Ministry of Commerce.

The interstate commerce provision is one of the most important in the Constitution:

"The Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes."

The Constitution was ratified by eleven States. North Carolina agreed to come in as soon as the Constitution was amended to add a Bill of Rights, while Rhode Island refused to recognize either the Convention or the Constitution. Congress, under its authority" to regulate commerce with foreign nations and among the several States," actually proceeded to treat the commerce and manufactures of North Carolina and Rhode Island as though these were foreign countries, and this quickened their desire to accept the Constitution.

In his first annual address Washington said:

"The advancement of agriculture, commerce and