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entered into such, treaty, the superintendence of it results to them ; all the operations of commerce, which are protected hy its stipu lations, come under their jurisdiction, and the power of the States to thwart them by their separate acts, ceases. If Great Britain asks, then, why she should enter into treaty with us ? why not carry on her commerce without treaty ? I answer ; because till a treaty is made, no consul of hers can be received, (his functions being called into existence by a convention only, and the States having abandoned the right of separate agreements and treaties;) no pro tection to her commerce can be given by Congress ; no cover to it from those checks and discouragements, with which the States will oppress it, acting separately, and by fits and starts. That they will act so till a treaty is made, Great Britain has had several proofs ; and I am convinced those proofs will become general. It is then to put her commerce with us on systematical ground, and under safe cover, that it behoves Great Britain to enter into treaty. And I own to you, that my wish to enter into treaties with the other powers of Europe, arises more from a desire of bringing all our commerce under the jurisdiction of Congress, than from any other views. Because, according to my idea, the commerce of the United States with those countries not under treaty with us, is under the jurisdiction of each State separately; but that of the countries which have treated with us, is under the jurisdiction of Congress, with the two fundamental restraints only, which I have before noted.
I shall be happy to receive your corrections of these ideas, as I have found, in the course of our joint services, that I think right when I think with you.
I am, with sincere affection, Dear Sir,
your friend and servant,
TH: JEFFERSON.
P. S. Monsieur Houdon has agreed to go to America to take the figure of General Washington. In case of his death, between his departure from Paris, and his return to it, we may lose twenty thousand livres. I ask the favor of you to inquire what it will cost to ensure that sum, on his life, in London, and to give me as early an answer as possible, that I may order the ensurance if I think the terms easy enough. He is, I believe, between thirty and thirty- five years of age, healthy enough, and will be absent about six months. T. J.
