overeign states, who
meet as equals by their deputies assembled to deliberate on their
common concerns, each sovereign having a voice. This principle was
retained; but several modifications in the language and principle of
the original scheme were made, which indicate a watchful and growing
jealousy of the powers of congress.
In each, an article is introduced reserving the rights of the states.
That which is found in the report, "reserves to each state the sole
and exclusive regulation and government of its internal police, in all
matters that _shall not interfere with the articles of this
confederation_."
This article was so modified as to declare that "each state retains
its sovereignty," "and every power, jurisdiction and right, which is
not by this confederation _expressly_ delegated to the United States
in congress assembled."
This denial of all incidental powers had vast influence on the affairs
of the United States. It defeated, in many instances, the granted
powers, by rendering their exercise impracticable.
The report permits the states to impose duties on imports and exports;
provided they "do not interfere with any stipulations in treaties
hereafter entered into by the United States."
The confederation confines this restriction on the power of the state
to such duties as interfere with the stipulations in treaties entered
into "in pursuance of any treaties already proposed by congress to the
courts of France and Spain."
Each plan assigns to the state in which troops shall be raised for the
common defence, the power of appointing the field and inferior
officers. The confederation adds the power of filling up such
vacancies as may occur.
The report inhibits a state from endeavouring by force to obtain
compensation for advances made or injuries suffered during the war,
which shall not be allowed by congress.
The confederation omits this inhibition.
The report gives to congress the power of making treaties.
The confederation adds a proviso, "that no treaty of commerce shall be
made whereby the legislative power of the respective states shall be
restrained from imposing such imports and duties on foreigners as
their own people are subjected to, or from prohibiting the exportation
or importation of any species of goods or commodities whatever."
The report authorizes congress to appoint "courts for the trial of all
crimes, frauds, and piracies committed on the high seas, or on any
navigable
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