Among the restraints
imposed by the Union of the Netherlands on its members, one is, that
they shall not establish imposts disadvantageous to their neighbors,
without the general permission.
The regulation of commerce with the Indian tribes is very properly
unfettered from two limitations in the articles of Confederation, which
render the provision obscure and contradictory. The power is there
restrained to Indians, not members of any of the States, and is not to
violate or infringe the legislative right of any State within its own
limits. What description of Indians are to be deemed members of a State,
is not yet settled, and has been a question of frequent perplexity and
contention in the federal councils. And how the trade with Indians,
though not members of a State, yet residing within its legislative
jurisdiction, can be regulated by an external authority, without so far
intruding on the internal rights of legislation, is absolutely
incomprehensible. This is not the only case in which the articles of
Confederation have inconsiderately endeavored to accomplish
impossibilities; to reconcile a partial sovereignty in the Union, with
complete sovereignty in the States; to subvert a mathematical axiom, by
taking away a part, and letting the whole remain.
Pages:
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441