re, because
all such causes must arise within the limits of some state. Transactions
between citizens may all be fairly included in this idea, even although
they should arise in passing by water from one state to another. But the
intercourse between us and foreign nations properly forms the department
of Congress. They should have the power of regulating trade under such
limitations as should render their laws equal. They should have the right
of war and peace, saving the equality of rights, and the territory of each
state. But the power of naturalization and internal regulation should not
be given them. To give my scheme a more systematick appearance, I have
thrown it into the form of a resolve, which is submitted to your wisdom
for amendment, but not as being perfect.
"Resolved, that the form of government proposed by the federal convention,
lately held in Philadelphia, be rejected on the part of this commonwealth;
and that our delegates in Congress are hereby authorised to propose on the
part of this commonwealth, and, if the other states for themselves agree
thereto, to sign an article of confederation, as an addition to the
present articles, in the form following, provided such agreement be made
on or before the first day of January, which will be in the year of our
Lord 1790; the said article shall have the same force and effect as if it
had been inserted in the original confederation, and is to be construed
consistently with the clause in the former articles, which restrains the
United States from exercising such powers as are not expressly given.
"XIV. The United States shall have power to regulate, whether by treaty,
ordinance or law, the intercourse between these states and foreign
dominions and countries, under the following restrictions. No treaty,
ordinance, or law shall give a preference to the ports of one state over
those of another; nor 2d. impair the territory or internal authority of
any state; nor 3d. create any monopolies or exclusive companies; nor 4th.
naturalize any foreigners. All their imposts and prohibitions shall be
confined to foreign produce and manufactures imported, and to foreign
ships trading in our harbours. All imposts and confiscations shall be to
the use of the state where they shall accrue, excepting only such branches
of impost as shall be assigned by the separate states to Congress for a
fund to defray the interest of their debt, and their current charges. In
order the more ef
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