University of Virginia Library

1741. CONSULS, The Confederation and.—

As the States have renounced the separate
power of making treaties with foreign nations, they cannot separately receive a consul;
and as Congress have, by the confederation,
no immediate jurisdiction over commerce,


201

Page 201
as they have only a power of bringing that jurisdiction into existence by entering
into a treaty, till such treaty be entered into,
Congress themselves cannot receive a consul.
Till a treaty, then, there exists no power in
any part of our government, federal or particular,
to admit a consul among us. * * * Nothing less than a new article, to be agreed
to by all the States, would enable Congress,
or the particular States, to receive him.—
To David Hartley. Washington ed. i, 426. Ford ed., iv, 96.
(P. 1785)