Chapter XXXVIII.

Prohibitions on the States.

Sec.1. The next section contains restrictions on the powers of the states.
"No state shall enter into any treaty, alliance, or confederation." [For
the definition of _treaty_ and the manner in which a treaty is made, see
Chapter XL: Sec.3-5.] An _alliance_ is a union between two or more nations,
by a treaty, or contract, for their mutual benefit. _Confederation_ and
_alliance_, have nearly the same meaning. If the states, separately,
were allowed to make treaties or form alliances with foreign powers, the
rights and interests of one state might be injured by the treaties made
by another state. As the states united constitute but one nation, it is
obvious that the power to treat with other nations properly belongs to
the general government. If the states also had the power, they might
counteract the policy of the national government.

Sec.2. Nor may a state "grant letters of marque and reprisal." If, as has
been shown, this power is properly given to congress, it could not be
safely intrusted to the states. (Chap. XXXVI, Sec.5.)

Sec.3. The power to "coin money" is also prohibited to the states. It was
given to the general government to secure a uniform currency. (Chap.
XXXIV, Sec.7.) But this object would not be likely to be attained, if the
power to coin money were exercised by the states.

Sec.4. A state may not "emit bills of credit." _Bills of credit_, to a vast
amount, were issued by the states during the war, and for some time
thereafter. They were in the nature of promissory notes, issued by the
authority of the state, and on the credit of the state, and put in
circulation by the continental congress and the states as money. This
paper money, having no funds set apart to redeem it, became almost
worthless. Bank bills issued upon the credit of private individuals, do
not come under the prohibition. It is also held that the prohibition
does not apply to the notes or bills of a _state_ bank, drawn on the
credit of a particular fund set apart for that purpose.

Sec.5. No state shall "make any thing but gold and silver coin a tender in
payment of debts." _Tender_ signifies an offer, or to offer. In law, it
is an offer of something in payment of a debt, or the thing itself which
is offered in payment. Some of the states had declared their
irredeemable paper money a lawful tender. But paper money and property
of all kinds are continually liable to fluctuati