History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
In 1782, negotiations were entered into for a similar treaty with the
States General of the Netherlands. When the instructions to Mr. Adams to
negotiate this treaty were under consideration in Congress, it was
recollected that the French treaty contained a stipulation, the effect
of which would enable the heirs of the subjects of either party, dying
in the territories of the other, to inherit real property, without
obtaining letters of naturalization.[276] The doubt suggested
itself,--as it well might,--whether such an indefinite license to aliens
to possess real property within the United States, was not an
encroachment upon the rights of the States. It seems to have been
expected, when the French treaty was entered into, that the States would
acquiesce in this provision, on account of the peculiar relations of
this country to France, and because of the saving clause in the
Articles of Confederation in favor of the treaties to be made with that
power and with Spain.[277] But such a stipulation as this was clearly
not within the meaning of that clause; and it was received with great
repugnance by many of the States.[278] In the treaty with the
Netherlands, it was proposed to insert a similar provision; but it was
found to be extremely improbable that the States would comply with a
similar engagement with another power. The language was therefore
varied, so as to give the privilege of inheritance only as to the
"effects" of persons dying in the country;--an expression which would
probably exclude real property, but which might possibly be construed to
include it.[279]
With regard to duties and imposts, the Dutch treaty contained the same
stipulation as the French, putting the subjects of either power on the
footing of the most favored nations, and thereby holding out to the
subjects of the United Provinces the promise of an equality, under the
laws of the United States, with the subjects of France.[280] The same
stipulation was inserted in a treaty subsequently made at Paris with the
King of Sweden.[281]
If these stipulations were supposed or intended to be binding upon the
States, so as to restrain them from adopting, within their respective
jurisdictions, any other rule than that fixed by the French treaty, for
the subjects of the United Provinces and the King of Sweden, it is quite
clear that the Articles of Confederation gave no authority to Congress
to make them. They could have no effect, therefore, in producing a
uniformity of regulation throughout the United States, with regard to
the trade with Sweden and the Netherlands.
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