Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-01-27

Ntr. 4. L. DAKbDOk sand, the bill now
before the house proposed to regulate tile
commerce between the United States and
Great Britain, according to the convention
concluded on Sd July 1915 a motion had
been made for its indefinite postponement;
and the reason assigned for that motion
was. that the conveution itself was con-
elusive upon the subject, without the aid
or any legislative act.
The question, then, said he, which dis
motion presents, is, whether legislation
upon the subject. be or be not a.. ac. IS
suPererogatlon; 1t will De my endeavor 90
prove that It is not; in other words, I
snail attempt to maintain this proposiIiou,
that whenever treaty operates upon a
subject, which, like the present, Is amongst
the enumerated powers Of egislat,on, del
egatcd by the constitution 70 Congress
that IN such case, the Mt and co-cpera-
ton of Congress, are necessary 10 give
effect to such treaty, By the passage of a
law, In compliance with its stipulations.
The correctness OF this proposition de-
ponds upon the proper construction OF the
constitution Of the u. States, in relation to
the legislative and treaty -mak inc powers.
1t is from this source mainly, that both the
opposers and the advocates Of this bill at
tempt to derive support.
II understand the argument offs oppo-
sers, 1t amounts in substance to this
The constitution, say they, gives to the
President and Senate the right Of making
treaties, provided two thirds of the Sena..
tors present concur; and it declares, that
treaties when thus made shall be the su-
preme law of the land. Now this treaty
has been ratified in the mod; prescribed;
1t is therefore the supreme law of the land,
and what is already the supreme law, can
derive no additional valid ty from any o.
Their law.
But. sir, in what does this supremacy
consist Is it in a superiority over the
constitution and laws OF the u. States
lbe constitution Itself answers to this
question, that it is not (; for it viii be seen,
that the same clause which declares trea-
ties the supreme law OF the land, associ-
ates with them the constitution and laws
of the United States it throws the three
into one class, and declares that the Whole
class, to wit, the constitution Of the IT.
States, the laws of the u. States, aud trea-
ties made under their authority, shall all
be the supreme law CT the land-suDreme
over what! The KIT paragraph answers
the question; by declaring that the judy
es Of every state shall be bound thereby.
any thing in the constitution or laws OF any
state TO the contrary NEUTRALITY-SUSPICIOUS.. r
is obvious, that the supremacy is a term of
relation to the states the u. States, and
its constitution, laws and treaties, are put
In competition with the states and their
constitutions and laws; and as it respects
the later the former are declared TO be
supreme but there is no graduation of
superiority between the constitution. laws
and treaties of the u. States as AMONGST
themselves. TINS doctrine of supremaCy-
then. has no influence upon the present.
question.
But gentlemen who oppose this bill, con-
tend, that the power of making treaties IS
given in general terms there is no excen-
ton OF the subject-matter of this treatv
therefore it is included: and coaseoueptIv
that the treaty making power is conpe-
tent OF itself, to give complete eject In
treaty stipulations upon the subject OF
commerce, without legislative aid.
1t there were no other part of the CON
shtution winch had bearing upon this
question, there would be more soliditv :,
the argument but there are other ;r,y, -
tant provisions of the constitution. wbirh
have direct relation to the question az
it's Indispensable to a just construction of
that Instrument, that they be taken too.
ther. Sir, this is the universal rule for e..
construction OF al instruments, that to a.
rive at Just Interpretation oftheir roea,,-
ing, you must not take isolated paris bnt
the whole instrument together.
The propriety Of ibis rule of coustrncf;,n
50 reasonable in itself, win be proven
think, beyond question, by the conparir,,r,
which am about 10 make between "A -
part or she constitution which confsrs 81.
treaty making power, and those. nsrte oF
the sane instrument which l. to to 49,.
legislative power; from this comna,..s('.'
IT seems to me necessarily to resnlt-Tba,
the grant OF lcgislative power, quo ad 49,.
subjects granted, must operate some I;r,,;>-
tation, some check upon the trsatv-snal,r,,
power; or otherwise, the partition hsee
tween TIC different branches OF IN p,ve,r-
ment viii be broken down The vb.Io
character OF the government VII be esser,-
italy changed; and the treatv-maI;',..
power, ike AaroD's serpent, viii swsil,,,S,
up the rest. Having made {, egs. es,c,',
remarks, in relation to The linitati',ne 81
checks upon the treaty making pnw.r
will now beg leave to apply III m. 70 The
| immediate bill fore US
The constitution declares, th1t All Ie.t~.
lative power therein granted shsllhe -.
ed in Congress but Congress have hoo
totoTe passed laws regulating the 60,
mercs between the u. Stat, and c.
Britain. The treaty stpuiates an ar ,r',t,'
| on. repeal Of those regulations n.,~ g
| tic treaty be Construed to be conrine;,,a
upon the subject, without any sct q, ~
| part Of Congress, must il not b seen tb,,
i here ia a once I. crislat;,.o 80 .'''t