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lemeyer, the French column for our treaty with his sovereign. In the mean while, two copies are preparing with the English column, which Dr. Franklin wishes to sign before his departure, which will be within four or five days. The French, when received, will be inserted in the blank columns of each copy. As the mea sure of signing at separate times and places is new, we think it necessary to omit no other circumstance of ceremony which can be observed. That of sending it by a person of confidence, and invested with a character relative to the object, who shall attest our signature here, 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 usual 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, &tc. 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 Bar- bary treaties with other nations, and to prepare a sketch which we should have sent for your correction. He tells me he has con sulted 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 gentle man 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 shewing 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 Confe deration, 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 na tives : and 2. That they may prohibit the exportation or importa tion of any species of goods whatsoever. When they shall have
