Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-08-03

effect, where the treaty cannot be !. 4gfied
into effect without Lw
2d. 10 treaty contains sEnniaflnn.
IN direct collision with aa arl ofc1u.,resA
is the law so far repealed los the treaty!
or Is an express repeating aci necessar,
Tx. British ship pays NSe will suppose
80 cents tonnage duties. A commercial
treaty provides tina, British ships shall paw
the same, with the ships oi the most ia
vored nation: that is, Il smaller sum. Is
the reduction effected by The ratification
of the treaty, or must II be effected, by a
special act OF legislalionS
Both questions are distinctly answered.
by The constitution, in The prosision
which declares, that treaties shall be the
supreme law of the land. A treaty then,
comsiiluiionally is IA law, aud no power Of
intellect can make II IN relation 10 us, any
thing else, but a lac.
A treaty then beng law, congress are
NOT consiiiuilOually bound, Ia pass law
Ia carry II into effect brcau>e II nppli
ca,ion he made TO congress, 10 pass an
acl, with view To carry mo operation,
former aci, which without such stumble
mental act, would be Intellectual, The ap
piica,inh may be rejected The appilca.
ton Is toihe discretion, * not TO tue con.
foreign nations are concerned, the ro"r
10 refuse, should be exerie-i and will hr en-
er'ed only IN cases of palpable emormiiy :;
cases NOT easily supposed.
Again treaty being law, mus, have
The operation and attributes of a law. A
posierIor !aw contrary 10 Il prior law.
repeals The latter; a treaty therefore, duly
fd'iled, repeats al once all existing laws,
winch are contrary 10 IL,
AGAIN treaty being law, IL NAV
like any other law be repealed bv law.
The act ot The 9Th July 1893, III relation
io the treaties viii, France, was passed
OH this principle.
Thus W. see that in pc itical as well as
moral discussion, II Is important TO call
hings Jy their righi"antes.
return 10 The point, al which left The
route, which the subject prescribed.
The only difficulty III the whole case,
u there be difficulty, lies ilrasce,iaining
The true construction OF that part OF the
clause, which aulhOrises congress 10 make
all ians, necessary and proper, 10 carry
into execution, The specific powers those
stated before as cUnsiiiulinc The first
class
y The power of ccngres 10 leyislate by
virtue OF the first clause of the SIh sec
independent OF tue Dad clause, has been
asserted nv the supreme court, and is
readily admitted. But, though we concur
IN Tins p0Iut, we differ as TO The eXteat
al Tie powrf oicnngress, in selecting The
'hedils OF carry M TIE Specific powers into
III cl.
IL then congress without the cd clause.
eouiu exercise tie specific powers granted
Dy lhe ilrsi, Tor what purpose, II NAV be
asked, were congress empowered by an
express provision, 10 make all laws ne
ceSsafy ana proper, 10 carry the spe cific
powers INTO effect Have these words
III relation 10 the specific powers, 10
meanlng-no operation are they mere
surpiussage d vain and useless repeti
tiou ot what had been said before I! We
have already seen The imnorIauce of this
provision III relation 10 The vested powers
nay the necessity for it. II Will NO; be
very difficult, 10 shew It's Importance, iii
relation 10 tie specific pnwsrS.
II has been already observed, that all
parts at written instrument, ought 10
| lie allowed some meaning, and operation.
| i'It can be done without violence; withou,
| producing some lncOngruiiy OF collision
| between the parts. The supreme court
| nave rot thought proper, la adopt this
| principle OF construction. Under The FIRST
clause OF The section, they aScribe To
congress, powers So unlimited, that there
Is nothing lett, 10 be effected by tie words
III question. Bul II the limitation su9-
gestrd above, should he admitted If
congress, III executing any of the specific
powers, are cOntned III the ordinary
course oi itgI>iatlop, 10 means as before
eApialheu, cases may occur III relation
10 winch the second clause confrrs a
| power, absolutely necessary, TO the rAer.
else OF SPECIFIC poWer, although the pro
Jcct exhibited la The law Ihu, rendered
necessary. may not fall within the descrip
lion OF means, as defined above.
Lei us suppose a case indeed the very
case That has actually occurred. By the
express enactment OF the constitution,
dulles on imports must he uniform, IN all
our ports. This uniformity had been
maintained, az far as legislative pro
Visions could maintain II, until the
year 1871. Al that period, in ,onse-
| quence oi the assumption bv The states.
OF The power OF creating banks of the
universal taIlHre OF these banks 10 paV
specie ami OF The operations of war az
commerce, IN diminishing the small
| quantity OF specie that was in circulation
There was moi specie enOughiD the United
States topay HE duties. Oluaper money
there wa, great abundance, aud great
variety. Twill be easily recoIlectcd, that
there was difference of 10. 10. perhaps
20 per cent, between the notes OF HE va.
rlous banks, IN The uniom. The ships
containing dniiable goods pressed totbal
port IS here the mOmey, the currency
mean, hal dcpreciaieI most, amt Tie 90
vernmcni was uriderthe necessity of surrem-
derihS MS revenue, or receiving pdN meIi,
inpaper 10 or 20 per cent. below specie.
Thus The uniformity OF duties, inpeia.
lively required by the constitution. aud
until thea maintained by law,was destroy
ed by causes, for which the government