Daily press. [volume] (Newport News, Va.) 1896-current, 1907-04-20
Secretary R1.t Tells soci:ty Of
International Law ReaI. Question
IN Frisco MIDDLE.
STATE LAWS AgRULLED ANY TIME

tHv Assnclnrcd rress.l

A'iiiNtlDN, ID. c., Apill "a
III his opening address 90 The FIST
nrnIa! meeting OF th' American SO.
tl'iy oI international, Law, ncld in
t'lS city todr' Secretary Q. state
Rcr' tool; for his subject ''Hn. l:n,.
Questions Inder the Japanese Treaty
;hi the Sal Francisco Schoul noarI
iiosC!ntlon, saving in part:
Tie pco?ia of the Iat.l States.
hy he Gov Stitution o l,S7. .cstcd
the Whole trcaty.malting power in tho
National Governments They pro.
vidod:
The President shall have power
by and with the advice and consent
OF The Senate, TO make treaties. pro
vidcd two-thiid's OF The Senators
present concur, article =, section
-
No state shall enter into any
treaty, alliance or confederation 10
State shall, without consent OF Con.
gress, enter into any agreement or
compact with another State. or with
foreign power, lArticlo i, section
l0.l
This Constitution, and the laws
OF the United States which shall be
n'iido IN pursuance thoteof, and aif
treaties made, or which Shall be
made, under the authority of The
United States. shall be tic supreme
law of the land; ana the judges in
every State shall be bound thereby.
anything III the Constitution or Jaws
OF any STATE to The contrary notwitll-
standing, tArtlcle O.
Annuls State Laws.
ut has been settled FOR more
than a century that The fact that a
treaty provision would interfere with
or nnnul the laws OF a state as 10
thG aliens concerning whom the pro.
vision is made, is no Impeachment or
the treatys authority
The very words OF The Constitu.
non, That the Judges III every state
snail be bound hy Il treaty anything
Ill the Constitution or Jaws Of uny
STATE to the contrary noiwiihStanG.
ing, necessarily imply IN cXpocta-
llon thal some treaties VIII be made
III contritNontion Of laws of the
States. Far from The trcaty-makmg
power being limited hy State laws. itg
scope is entirely independents OF those
laws; and whenever it deals with the
same subject. il Inconsistent with Inc
law. IL annuis the law This is true
as to any laws OF The States. whcih.
or sthc Legislative authority under
Which they arc passed is concurrent
with that of Congress, or exclusive of
that of Congress
Virginia Decisions.
In tho case OF Ware VS.. Myltum
me Supreme Court of the United
States. IN the year 1896, considered
the effccl under The Constitution o.
the Treaty OF Peace with England In
az" which provided that credit yrs
on either side should meet with no
lawful impeachment 10 the recovery o.,
me full value in sterling money. of
all bona fida debts, heretofore con
'ractod, as against law Of tie
State of Virginia, which confiscated
10 The State of Virginia the debts due
rom its citizens to British subjects.
The Court said:
There can be no limitation o.,
mo power of the people oi the United
States. BY their authority, the State
constitutions were made. and By
thelr authority the Constitution of
INC United States was established;
and they had the power to change
or abolish the State Constitutions.
oi to make them yield to the General
Government and 10 treaties made by
thoir authority a treaty cannot be
ne supreme law OF the land-thatis.
me supreme law OF the land-thaL is.
It's way. If the Constitution Of Il
OF State Legislature can stand in
State (Which is the fundamental Jaw
or The State, and paramount to its
Lcslslalurel must give way to !;
treaty, and fall before It, can IL be
questioned whether The less powe~.
an act OF the state Legislature, must
not be PROSTATE? 1t is the dcclnred
VIII OF The people OF the Un.tcl
States that every treaty made by
INC authority of The United S,ara5
sinai! be superior 10 tile Constitution
ana laws OF amy individual State; ara
their viii alone is 10 decide
Treaty OF 1893.
-Four things are apparent on Il
view OF this sixth article of The Ma.
lionnl Constitution: FIRST. That ~
Is retrospective. and II is to b, ron,
sidercd IN the same light as il til.
Constitution had boon established ne