This denial of all incidental powers had vast influence on the affairs of the United States.  It defeated, in many instances, the granted powers, by rendering their exercise impracticable.

The report permits the states to impose duties on imports and exports; provided they “do not interfere with any stipulations in treaties hereafter entered into by the United States.”

The confederation confines this restriction on the power of the state to such duties as interfere with the stipulations in treaties entered into “in pursuance of any treaties already proposed by congress to the courts of France and Spain.”

Each plan assigns to the state in which troops shall be raised for the common defence, the power of appointing the field and inferior officers.  The confederation adds the power of filling up such vacancies as may occur.

The report inhibits a state from endeavouring by force to obtain compensation for advances made or injuries suffered during the war, which shall not be allowed by congress.

The confederation omits this inhibition.

The report gives to congress the power of making treaties.

The confederation adds a proviso, “that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imports and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatever.”

The report authorizes congress to appoint “courts for the trial of all crimes, frauds, and piracies committed on the high seas, or on any navigable river not within a county or parish.”

The confederation limits the jurisdiction to “piracies and felonies committed on the high seas.”

Both empower congress to appoint courts for the trial of appeals in cases of capture; but the confederation provides that no member of congress shall be appointed a judge of any such court.

Both empower congress to settle differences between the states.  The confederation prescribes minutely the manner in which this power shall be exercised.

Both empower congress “to regulate the trade and manage all affairs with the Indians.”  The confederation provides “that the legislative right of any state within its own limits be not infringed or violated.”

The report gives the power of “establishing and regulating post offices throughout all the United Colonies (states) on the lines of communication from one colony (state) to another.”

The confederation varies the phraseology and adds, “and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office.”

The report places many important portions of the executive power in a council of state, to consist of one delegate from each state to be named annually by the delegates of that state.