cHAP. vi] TRADE RELATIONS AND CURRENCY 1175
If, therefore, Article VII of the Zollverein Treaty were
construed to prevent the Australian Colonies from imposing
higher duties upon goods imported from the Zollverein than
upon goods imported from each other, it is manifest that Her
Majesty would not have exceeded her constitutional powers
in agreeing to such a stipulation, and that the Colonies
could not refuse to consider themselves bound by it without
repudiating the treaty. i
Her Majesty’s Government, after a further careful exami-
nation of the Zollverein Treaty, remain of opinion that the
strict literal interpretation of the Seventh Article of that
treaty does not preclude the imposition of differential duties
in one British Colony or Possession in favour of the produce
of another British Colony or Possession : but they must, at
the same time, point out that it could hardly have been
intended that, by reciprocal arrangements between Colonies,
perhaps far distant from each other, the produce of the
Zollverein should be placed at a disadvantage as compared
with Colonial produce, whilst Colonial produce should enjoy,
in the ports of the Zollverein, all the privileges of the most
favoured nation.
No doubt the negotiators of the treaty thought that they
had obtained sufficient security for the Zollverein, as regards
the inter-colonial trade, by the provision that, ‘in the
Colonies and Possessions of Her Majesty, the produce of the
States of the Zollverein should not be subject to any higher
or other import duties than the produce of the United
Kingdom ’ ; but if the Colonies are to be at liberty to impose
differential duties as against British produce, it is obvious
hat this security altogether disappears.
Apart, however, from the obligations of existing treaties,
it is necessary to consider the effect of the general views
expressed by the Australian and New Zealand Governments
on the subject of Commercial Treaties.
It is easy to understand the claim asserted in the second
of the resolutions to which the Victorian delegates were
parties, that no treaty entered into by the Imperial Govern-
ment with any foreign Power should in any way limit or
impede the exercise of the right of the Australian Colonies
to enter into reciprocal tariff arrangements with each other ;
but it is not at first sight so clear what is meant by the state-
ment in the other set of resolutions that no treaty can be
properly or constitutionally made, which directly or indirectly
treats those Colonies as foreign communities.
Tt scems inconsistent to object to stipulations which treat