Public Debts - Supremacy of Constitution and LawsSec. 1826.Sec. 1827.Sec. 1828.Sec. 1829.Sec. 1830.Sec. 1831.Sec. 1832.Sec. 1833.Sec. 1834.Sec. 1835.Sec. 1836.
FOOTNOTES
1. See Journ. of Convention, 291.
2. See Jackson v. Luun, 3 John. Cas. 109; Kelly v. Harrison, 2 John. Cas. 29; Terrett v. Taylor, 9 Cranch, 50.
3. See Rutherforth, Inst. B. 2, ch. 9, § 1, 2; Id. ch. 10, § 14; Vattel, Prelim. Dis. § 2, 9; B. 2, ch. 1, § 1, ch. 5, § 64, ch. 14, § 214, 215, 216.
4. The Federalist, No. 43; Rutherforth, Inst. B. 2, ch. 10, § 14, 15; Grotius, B. 2, ch. 9, § 8, 9.
5. 1 Tuck Black. Comm. App. 368; Confederation, Art. 12.
6. The Federalist, No. 43, No. 84.
7. The Federalist, No. 84; Rutherforth, B. 2, ch. 10, § 14, 15; Grotius, B. 2, ch. 9, § 8, 9.
8. See Journal of Convention, p. 222, 282, 293.
9. The Federalist, No. 33. See Gibbons v. Ogden, 9 Wheat. R. 210, 211; McCulloch v. Maryland, 4 Wheat. R. 405, 406.--This passage from the Federalist (No. 33) has been, for another purpose, already cited in Vol. I. § 340; but it is necessary to be here repeated to give due effect to the subsequent passages.
10. Ibid. See also 1 Tuck. Black. Comm. App. 369, 370.
11. See The Federalist, No. 64.
12. See Act of Congress, 7th July, 1798, ch. 84; Talbot v. Seaman, I Cranch, 1; Ware v. Hylton, 3 Dall. 362, Per Iredell J.
13. Ware v. HyIton, 3 Dall. R. 199. See also Gibbons v. Ogden, 9 Wheat. R. 210, 211; Letter of Congress of 13th April, 1787; 12 Journ. of Congress, 39.
14. See Iredell J.'s reasoning in Ware v. Hylton, 3 Dall. R. 270 to 127; 5 Marshall's Life of Washington, ch. 8, p. 652, 656; 1 Wait's State Papers, 45, 47, 71, 81, 145; Serg. on Const. ch. 21, p. 217,218, ch. 33, p. 396, 397, (2d edit. ch. 21, p. 218, 219, ch. 34, p. 406, 407.)--"A treaty," said the Supreme Court, in Foster v. Neilson, 2 Peters's R. 314, "is in its nature a contract between two nations, not a legislative act. It does not generally effect of itself the object to be accomplished, especially so far, as its operation is infraterritorial; but is carried into execution by the sovereign power of the respective parties to the instrument. In the United States a different principle is established. Our constitution declares a treaty to be the law of the land. It is consequently to be regarded by courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of. any legislative provision."
15. Circular Letter of Congress, 13th April, 1787; 12 Journ. of Congress, 32 to 36.
16. See the opinion of Iredell J. in Ware v. Hylton 3 Dall. 270 to 277.
17. Id. 276, 277. See Journal of Convention, p. 222, 282, 283, 293.
18. The importance of this power has been practically illustrated by the redress afforded by courts of law in cases pending before them upon treaty stipulations. See United States v. The Peggy, 1 Cranch, 103; Ware v. Hylton; 3 Dall. R. 199, 244, 261; United States v. Arradondo, 6 Peters's R. 691; Soulard v. Smith, 4 Peters's Sup. R. 511; Cue of Jonathan Robbins, 1 Hall's Journ. of Jurisp. 25; Bees Adm'rs Rap. 263; 5 Wheat. Rap. App.
19. Foster v. Neilson, 2 Peters's Sup. R. 254, 314. See also the Bello Corunnes, 6 Wheat. R. 171; Serg. on Const. ch. 33, p. 397, 398, 399, (ch. 34, p. 407, 408, 409, 410, 2d edit.)
20. See The Federalist, No. 44, 64.
21. The Federalist, No. 44.
22. The question arose in the debate for carrying into effect the British Treaty of 1794.
23. See Journal of House of Representatives, 6th April, 1796; 5 Marshall's Life of Washington, ch. 6, p. 650 to 659; Serg. on Const. ch. 33, p. 401, (2d edit. ch. 34, p. 410, 411); 1 Debates on British Treaty, by F. Bache, 1796, p. 374 to 386; 4 Elliot's Deb. 244 to 246. -- President Washington, on this occasion, refused to deliver the papers respecting the British Treaty of 1794, called for by the house of representatives; and asserted the obligatory force of the treaty upon congress in the most emphatic terms. He added, that be knew, that this was understood in the convention to be the intended interpretation, and he referred to the Journal of the Conventiona to show, that a proposition was made, "that no treaty should be binding on the United States, which Was not ratified by a law;" and that it was explicitly rejected. (5 Marshall's Life of Washington, ch. 8, p. 654 to 658.) At a much earlier period, viz. in 1790, the same point came before the cabinet of President Washington in a treaty proposed with the Creek Indians. Upon that occasion, there seems to have been no doubt in the minds of any of his cabinet of the conclusiveness of a treaty containing commercial stipulations. Mr. Jefferson, on that occasion, firmly maintained it. A treaty, (said he,) made by the president with the concurrence of two thirds of the senate is the law of the land, and a law of a superior order, because it not only repeals past laws, but cannot itself be repealed by future ones. The treaty then will legally control the duty acta and the act for securing traders in thin particular instance. Yet Mr. Jefferson after-wards, (in Nov. 1793,) seems to have fluctuated in opinion, and to have been unsettled, as to the nature and extent of the treaty- making power. 4 Jefferson's Corresp. 497, 498.
a. See Journal of Convention, p. 284, 325, 326, 333, 342, 343.
24. Serg. on Const. ch. 33, p. 402, (2d edit.ch. 34, p. 411; 2 Elliot's Deb. 273 to 279. -- Upon this occasion, a most admirable speech was delivered by the late William Pinkney, in which his great powers of reasoning and juridical learning had an ample scope. See Wheaton's Life of Pinkney, p. 517.
25. Marbury v. Madison, 1 Cranch, 137, 176.
26. Calder V. Bull, 3 Dall. R. 386; S.C. 1 Peters's Cond. R. 172, 177.
27. Satterlee v. Matthewson, 2 Peters's Sup. R. 380, 413.
28. See Serg. on Const. ch. 33, p. 391, (2d edit. ch. 34, p. 401 ); 1 Kent's Comm. Lect. 20, p. 420, 421, (2d edit. p. 448, 449, 450.)
