not impaired or endanged by deviations from the line of public faith, into which any of its members may, from whatever cause, be unadvisedly

drawn.

"Let it be remembered, that the thirteen independent sovereign states have, by express delegation of power, formed and vested in us a general, though limited sovereignty, for the general and national purposes specified in the confederation. In this sovereignty, they cannot severally participate (except by their delegates) nor with it have concurrent jurisdiction: for the ninth article of the confederation most expressly conveys to us the sole and exclusive right and power of determining on war and peace, and of entering into treaties and alliances, &c.

"When, therefore, a treaty is constitutionally made, ratified, and published by us, it immediately becomes binding on the whole nation, and superadded to the laws of the land, without the intervention or fiat of state legislatures. Treaties derive their obligation from being compacts between the sovereign of this, and the sovereign of another nation; whereas, laws or statutes derive their force from being acts of a legislature, competent to the passing of them.

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Hence it is clear, that treaties must be implicitly received and observed by every member of the nation; for, as state legislatures are not competent to the making of such compacts or treaties, so neither are they competent in that capacity authori atively to decide on, or ascertain the construction and sense of them. When doubts arise re-pecting the construction of state laws, it is not unusual nor improper for the state legislatures, by explanatory or declaratory acts, to remove those doubts; but the case between laws and compacts or treaties, is, in this, widely different; for, when doubts

doubts arise respecting the sense and meaning of a treaty, they are so far from being cognizable by a state legislature, that the United States in Congress assembled have no authority to settle and determine them. For, as the legislature only, which constitutionally passes a law, has power to revise and amend it; so the sovereigns only, who are parties to the treaty, have power by mutual consent and posterior articles, to correct or explain it.

"In cases between individuals, all doubts respecting the meaning of a treaty, like all doubts respecting the meaning of a law, are, in the first instance, mere judicial questions, and are to be heard and decided in the courts of justice having cognizance of the causes in which they arise, and whose duty it is to determine them according to the rules and maxims established by the laws of nations for the interpretation of treaties. From these principles, it follows, of necessary consequence, that no individual state has a right, by legislative acts to decide and point out the sense in which their particular citizens and courts shall understand this or that article of á treaty.

"It is evident, that a contrary doctrine would not only militate against the common and established maxims and ideas relative to this subject, but would prove no less ludicrous in practice than it is irrational in theory; for, in that case, the same article of the same treaty might by law be made to mean one thing in New-Hampshire, and another in New-York, and neither the one nor the other of them in Georgia.

"How far such legislative acts would be valid. and obligatory, even within the limits of the state passing them, is a question which we hope never to have occasion to discuss. Certain, however, it is, that such acts cannot bind either of the con

tracting,

tracting sovereigns, and consequently cannot be obligatory on their respective nations.

But if treaties, and every article in them, be (as they are and ought to be) binding on the whole nation-if individual states have no right to accept some articles, and reject others-and if the impropriety of state acts to interpret and decide the sense and construction of them, be apparent-still more manifest must be the impropriety of state acts to control, delay, or modify the operation and execution of these national compacts.

"When it is considered, that the several states, assembled by their delegates in Congress, have express power to form treaties-surely the treaties so formed, are not afterwards to be subject to such alterations as this or that legislature may think expedient to make; and that too without the consent of either of the parties to it-that is, in the present case, without the consent of all the United States, who, collectively, are parties to this treaty on the one side, and His Britannic Majesty on the other. Were the legislatures to possess and to exercise such power, we should soon be involved, as a nation, in anarchy and confusion at home, and in disputes which would probably terminate in hostilities and war with the nations with whom we have formed treaties. Instances would then be frequent of treaties fully executed in one state, and only partly executed in another; and of the same article being executed in one manner in one state, and in a different manner, or not at all, in another state. History furnishes no precedent of such liberties being taken with treaties, under form of law, in any nation.

"Contracts between nations, like contracts between individuals, should be faithfully executed, even though the sword in the one case, and the law in the other, did not compel it. Honest nations,

like

like honest men, require no constraint to do justice; and though impunity and the necessity of affairs may sometimes afford temptation to pare down contracts to the measure of convenience; yet it is never done, but at the expense of that esteem, and confidence, and credit, which are of infinitely more worth than all the momentary advantages which such expedients can extort.

"But although contracting nations cannot, like individuals, avail themselves of courts of justice to compel performance of contracts, yet an appeal to heaven, and to arms, is always in their power, and often in their inclination.

"But it is their duty to take care that they never lead their people to make and support such appeals, unless the sincerity and propriety of their conduct afford them good reason to rely with confidence on the justice and protection of heaven.

"Thus much we think it useful to observe in order to explain the principles on which we have unanimously come to the following resolutions, viz,

"Resolved, That the legislatures of the several states cannot, of right, pass any act or acts, for interpreting, explaining, or construing a na"tional treaty, or any part or clause of it; nor for "restraining, limiting, or in any manner impeding,

46

retarding, or counteracting the operation of the

same for that on being constitutionally made, "ratified and published, they become, in virtue "of the confederation, part of the law of the "land; and are not only independent of the will "and power of such legislatures, but also binding "and obligatory on them."

"As the treaty of peace, so far as it respects matters and things provided for in it, is a law to the United States, which cannot, by all or any

of

of them, be altered or changed; all state acts, establishing provisions relative to the same objects, which are incompatible with it, must, in every point of view, be improper. Such acts do nevertheless exist. But we do not think it necessary either to enumerate them particularly, or to make them severally the subjects of discussion. It appears to us sufficient, to observe and insist, that the treaty ought to have free course in its operation and execution, and that all obstacles, interposed by state acts, be removed. We mean to act with the most scrupulous regard to justice, and candour towards Great Britain, and with an equal degree of delicacy, moderation, and decision, towards the states which have given occasion to these dis

cussions.

"For these reasons, we have in general terms "resolved, that all such acts, or parts of acts, as may be now existing in any of the states, repugnant to the treaty of peace, ought to be forthwith repealed; as well to prevent their continuing to be regarded as violations of that treaty, as to avoid the disagreeable necessity there might otherwise be, of raising and discussing questions, touching their validity and obliga

tion."

"Although this resolution applies strictly only to such of the states as have passed the exceptionable acts alluded to; yet, to obviate all future disputes and questions, as well as to remove those which now exist, we think it best, that every state without exception, should pass a law on the subject. We have therefore "resolved, that it be recommended to the several states, to make such repeal, rather by describing than reciting the said acts; and, for that purpose, to pass an act, declaring, in general terms, that all such acts, and parts of acts, repug-` nant to the treaty of peace, between the United States and his Britannic Majesty, or any article

thereof,