States. But by the 9th article, they are authorized
to enter into treaties of commerce. The moment these treaties are
concluded, the jurisdiction of Congress over the commerce of the States,
springs into existence, and that of the particular States is superseded
so far as the articles of the treaty may have taken up the subject.
There are two restrictions only, on the exercise of the power of treaty
by Congress. 1st. That they shall not, by such treaty, restrain the
legislatures of the States from imposing such duties on foreigners,
as their own people are subject to: nor 2ndly, from prohibiting the
exportation or importation of any particular species of goods. Leaving
these two points free, Congress may, by treaty, establish any system of
commerce they please; but, as I before observed, it is by treaty
alone they can do it. Though they may exercise their other powers by
resolution or ordinance, those over commerce can only be exercised by
forming a treaty, and this, probably, by an accidental wording of our
Confederation. If, therefore, it is better for the States that Congress
should regulate their commerce, it is proper that they should form
treaties with all nations with whom we may possibly trade. You see that
my primary object in the formation of treaties, is to take the commerce
of the States out of the hands of the States, and to place it under the
superintendence of Congress, so far as the imperfect provisions of our
constitution will admit, and until the States shall, by new compact,
make them more perfect. I would say then to every nation on earth,
by treaty, your people shall trade freely with us, and ours with you,
paying no more than the most favored nation in order to put an end to
the right of individual States, acting by fits and starts, to interrupt
our commerce or to embroil us with any nation. As to the terms of these
treaties, the question becomes more difficult. I will mention three
different plans. 1. That no duties shall be laid by either party on
the productions of the other. 2. That each may be permitted to equalize
their duties to those laid by the other. 3. That each shall pay in the
ports of the other, such duties only as the most favored nations pay.

1. Were the nations of Europe as free and unembarrassed of established
systems as we are, I do verily believe they would concur with us in the
first plan. But it is impossible. These establishments are fixed
upon them; they are interwoven with