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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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