Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-02-10

sent impressions, he believed that vessel under
su'h ca cunstances would be considered as en-
gageu IN the trade between France or Spain and
Grea'-Britan, and not in the trade between the
United States ind Great Britain Mr.. f. apoIo-
S'seo tor has depression from the question, and
conciuded oy reserylng TO himself the privilege
% enter ng more fully into the examination OF
'he aiy-malsing power, if it should be made
necessary by the discussion, which had been so
nhpruhtaoly and unnecessarily commenced
Mr.. II y. Harbour sad, the bill now before
the house PROPOSED 10 regulate the commerce be-
tween the United States and Great Britain, &C.
cordin8 TO the convention concluded on 81 JULY
lsl3 motion had heen iaade for its indefinite
Postponement: and the reason assigned for thai
notion was, that the convention itself was con-
leg ative act = =
Tue question, then, said he, which this motion
presents Isl whether legislation upon the subject
ne or be not an act OF supererogation; it will be
my Sieisavor TO prove that il il not IN other
~ofos, shall attempt 10 maintain this propasi.
.iqi' ,nat s"eyes treaty operates upon sub.
Jeot, winch, Ike the present, il amongst the emu,
mer2,sd powers oflegislaton, delegated by the
constitution to Congress-thst in such case, the
assent and cooperation of Congress, are necessa.
~ 10 give effect 20 such treaty by the passage,
OF a law, IN compliance with its stipulatons
me correctness OF this proposition depends
ul;'h the prope construction of III. constitution
d treaty making powers. II is from this source
ma My, thatboth the opposers and the advocates
OF ms DILL attempt 10 derive support
III understand the argument of its opposers.
II amounts IN substance, to ths-The constitu-
ton, say they, gives TO the President and senate
the right ofmaking treat es, provided two-thir is
~ me senators present concur; and il declares.
ina treaties when thus made shall be the SUI
prene law OF the land Now this treaty has been
atihed IN the mode prescribed IL s Their .fore he
supreme law of the tandi ana what is already the
supreme law, can derive no additional validity
from any other law.
Bur, sr, n gh.t does this supremacy cons: a.
Is 1t in superiority over the constitution aud
laws OF the United States. Ths constitution it.
sell answers To this question, that it is not; for
IT will be seen that the same clause which de.
ciarcs treaties the sumpre.nc law of the land as
socrates with them tbeconstltution and laws of tho.
United States; it throws thethree INTO one class.
and declares that the whole class, to wit, the
constitution OF the United States, the laws OF
the United State1, and treaties made under ther
adino lty, shall ill be he sup eme law O the land
supreme ovec whati The next paragraph am
swers the question:; bydeclar.ng that the judged
OF every state shall be bound thereby, aiy thlAg
IN inc constitution or laws of any state to the
contrary Notwithstanding, it is obvious, that tae
supremacy is term of relation to the states;
the United ) ,ates, and It's constitution, laws and
pea,les, a e put in competition with the states
and their coBst tutons aud laws; and as it re-
ects the latter, the former declared to lie SUI.
preme; but there IS 40 graduation OF superiority
between the constitution, laws and treaties of
the United States as amongs themselves This
doctrine OF supremacy, then, has no influence up.
on the present question.
But gentlemen who oppose this bill, contend,
that the power of making treaties is gwen in gem
eral terms there is no exception of the subject
matter of this treaty therefore it is ncludeds
and consequently, that the treaty making power
is competent of ITSELF to give complete effect to-
treaty stipulations upon the SUBJ cct ofcommerees
without Legislative aid.
II there were no other part of the Constitution
which hid bearing upon IL quest on, there
would be more solidity ia the argument bus
there are other important provisions of The con-
stltutio which have direct relation to the guess
ton; and it is indispensable to just constitute
ton Ofthat instrument. that they be taken tose-
Their Sir, This is the un.versaI rule for the cone
structOn Of all instruments, that to arrive at
inst ia expectation oftheir meaning, YOU must
mt taks isolated parts. but the whole instrument
together.
The propriety Of this rule Of construction so
reasonable in itself. viii be proven, think be-
yond question, by the comparison which am
about TO make between that part Of the constitu.
lion which confers the treaty making power, and
those parts of the same instrument which relate
to the legislative power from this comparison,
1t seems To me necessarily to result-'Fhit the
grant of Legislative power, quo al the subjects
granted, must operate soma limitation, some
check upon the treaty-rnaking power or other
wise, the partition between the different bran-h
as of the government will be broken down the
whole character of the government will be essen.
{ lliv changed AID tie ire tty-making power, like
Aaron's serpent, will swallow up the rest Hav-
ing made these general remarks, in relation 10
the limitation and checks upon the treaty making
power, will now beg leave To apply them to
the immediate bill before u.s.
The constitution declares, that all legislative
powec therein grained shall be vested IN Cone
gress but Congress have heretofore passed laws
the commerce DO ween a e United
> ates and Great Britain. The treaty 81 puIates
an alteration, repeal ofthose regulations now
IT the treaty be construed TO be conclusive upon
the subject, without any act on the part ofCon.
gress, must II not be SEEN that here is at once
legislative power exercised by a branch Of the
government other than Congress This promo
s,bon cannot be denied, unless il be eon'endeI
that the repeal "a law IS not an act Of legisIz-
ton app. slend annot be necessary to prove
tins proposition. t3H let us apply this doctrine
more closely to the question before u.s. The
constitution after depositing with Congress the
legislative power therein granted, proceeds to
dehne that power-amongst ofhcF parts of the q
Enumeration, is this" Congress shall have power
TO regulate commerce with foreign nations g.
Now Sir, this bill, both in it's provisions and ita
tie, processes to regulate, and docs regulate the
commerce between the United states and Great
Britain Here then, IS power expressly given
to Congress and yet, according To the dactripe
rfolf lnfIf q L..