The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
Jay, however, did not charge it, but he lived economically and laid up
money.
I will take the liberty of hazarding to you some thoughts on the
policy of entering into treaties with the European nations, and the
nature of them. I am not wedded to these ideas, and, therefore, shall
relinquish them cheerfully when Congress shall adopt others, and
zealously endeavor to carry theirs into effect. First, as to the policy
of making treaties. Congress, by the Confederation, have no original
and inherent power over the commerce of the States. But, by the 9th
article, we are authorized to enter into treaties of commerce. The
moment these treaties are concluded, the jurisdiction of Congress over
the commerce of the States springs into existence, and that of the
particular States is superseded so far as the articles of the treaty
may have taken up the subject. There are two restrictions only, on
the exercise of the power of treaty by Congress. 1st. That they shall
not, by such treaty, restrain the legislatures of the States from
imposing such duties on foreigners, as their own people are subject
to; nor 2dly, from prohibiting the exportation or importation of any
particular species of goods. Leaving these two points free, Congress
may, by treaty, establish any system of commerce they please; but, as
I before observed, it is by treaty alone they can do it. Though they
may exercise their other powers by resolution or ordinance, those over
commerce can only be exercised by forming a treaty, and this probably
by an accidental wording of our Confederation. If, therefore, it is
better for the States that Congress should regulate their commerce,
it is proper that they should form treaties with all nations with
whom they may possibly trade. You see that my primary object in the
formation of treaties is to take the commerce of the States out of
the hands of the States, and to place it under the superintendence
of Congress, so far as the imperfect provisions of our constitutions
will admit, and until the States shall, by new compact, make them more
perfect. I would say, then, to every nation on earth, _by treaty_,
your people shall trade freely with us, and ours with you, paying no
more than the most favored nation, in order to put an end to the right
of individual States, acting by fits and starts, to interrupt our
commerce, or to embroil us with any nation. As to the terms of these
treaties, the question becomes more difficult. I will mention three
different plans. 1. That no duty shall be laid by either party on the
productions of the other. 2. That each may be permitted to equalize
their duties to those laid by the other. 3. That each shall pay in the
ports of the other, such duties only as the most favored nations pay.
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