it will be easily arranged.
I told you when here, of the propositions made by Congress to the
States, to be authorized to make certain regulations in their commerce;
and, that from the disposition to strengthen the hands of Congress,
which was then growing fast, I thought they would consent to it. Most of
them did so, and I suppose all of them would have done it, if they have
not actually done it, but that events proved a much more extensive power
would be requisite. Congress have, therefore, desired to be invested
with the whole regulation of their trade, and for ever; and to prevent
all temptations to abuse the power, and all fears of it, they propose
that whatever monies shall be levied on commerce, either for the purpose
of revenue, or by way of forfeitures or penalty, shall go directly into
the coffers of the State wherein it is levied, without being touched
by Congress. From the present temper of the States, and the conviction
which your country has carried home to their minds, that there is no
other method of defeating the greedy attempts of other countries to
trade with them on unequal terms, I think they will add an article for
this purpose to their Confederation. But the present powers of Congress
over the commerce of the States, under the Confederation, seem not at
all understood by your ministry. They say that body has no power to
enter into a treaty of commerce; why then make one? This is a mistake.
By the sixth article of the Confederation, the States renounce,
individually, all power to make any treaty, of whatever nature, with
a foreign nation. By the ninth article, they give the power of making
treaties wholly to Congress with two reservations only. 1. That no
treaty of commerce shall be made, which shall restrain the legislatures
from making foreigners pay the same imposts with their own people: nor
2. from prohibiting the exportation or importation of any species of
merchandise, which they might think proper. Were any treaty to be made
which should violate either of these two reservations, it would be so
far void. In the treaties, therefore, made with France, Holland, &c.
this has been cautiously avoided. But are these treaties of no advantage
to these nations? Besides the advantages expressly given by them, there
results another, of great value. The commerce of those nations with
the United States is thereby under the protection of Congress, and no
particular State, acting by fits and starts, can ha
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