t of sending it by a person of confidence, and invested
with a character relative to the object, who shall attest our signature,
yours in London, and Baron Thulemeyer's at the Hague, and who shall make
the actual exchanges, we think will contribute to supply the departure
from the original form, in other instances. For this reason, we have
agreed to send Mr. Short on this business, to make him a secretary _pro
hac vice_, and to join Mr. Dumas for the operations of exchange, &c. As
Dr. Franklin will have left us before Mr. Short's mission will commence,
and I have never been concerned in the ceremonials of a treaty, I will
thank you for your immediate information as to the papers he should be
furnished with from hence. He will repair first to you in London, thence
to the Hague, and then return to Paris.

What has become of Mr. Lambe? Supposing he was to call on the
commissioners for instructions, and thinking it best these should be in
readiness, Dr. Franklin undertook to consult well the Barbary treaties
with other nations, and to prepare a sketch which we should have sent
for your correction. He tells me he has consulted those treaties, and
made references to the articles proper for us, which, however, he will
not have time to put into form, but will leave them with me to reduce.
As soon as I see them, you shall hear from me. A late conversation with
an English gentleman here, makes me believe, what I did not believe
before; that his nation thinks seriously that Congress have no power to
form a treaty of commerce. As the explanations of this matter, which you
and I may separately give, may be handed to their minister, it would be
well that they should agree. For this reason, as well as for the hope of
your showing me wherein I am wrong, and confirming me where I am right,
I will give you my creed on the subject. It is contained in these four
principles. By the Confederation, Congress have no power given them,
in the first instance, over the commerce of the States. But they have
a power given them of entering into treaties of commerce, and these
treaties may cover the whole field of commerce, with two restrictions
only. 1. That the States may impose equal duties on foreigners as
natives: and 2. That they may prohibit the exportation or importation of
any species of goods whatsoever. When they shall have entered into such
treaty, the superintendence of it results to them; all the operations
of commerce, which are protecte