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have done it, if they have not actually done it, but that events proved a much more extensive power would be requisite. Con gress have, therefore, desired to be invested with the whole regula tion 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 at tempts of other countries to trade with them on unequal terms, I think they will add an article for this purpose to their Confedera tion. 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 reserva tions 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 ex portation 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 advan tage 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 pro tection of Congress, and no particular State, acting by fits and starts, can harass the trade of France, Holland, &sc. by such mea sures as several of them have practised against England, by load ing her merchandise with partial imposts, refusing admittance to it altogether, excluding her merchants, &c. &c. For you will observe, that though by the second reservation before mentioned, they can prohibit the importation of any species of merchandise, as, for instance, though they may prohibit the importation of wines in general, yet they cannot prohibit that of French wines in particu lar. Another advantage is, that the nations having treaties with Congress, can and do provide in such treaties for the admission of their consuls, a kind of officer very necessary for the regulation
