I9I2.] OF THE UNITED STATES. 333 



us as little wanton bees who had played for libert}-, but who had no suffi- 

 cient solidity or wisdom to secure it on a permanent basis, and were therefore 

 unworthy of their regard. It was found that congress could not even en- 

 force the observance of treaties. That treaty under which we enjoy our 

 present tranquility was disregarded.'"" 



Madison, a delegate to the Federal Convention, and a signer of the 

 Constittition, thus pictured the existing conditions : 



" The confederation is so notoriously feeble, that foreign nations are 

 unwilling to form any treaties with us — they are apprised that our general 

 government cannot perform any of its engagements; but, that they may be 

 violated at pleasure by any of the States. Our violation of treaties already 

 entered into, proves this truth unequivocally. No nation will therefore make 

 any stipulations with congress, conceding any advantages of importance to 

 us; they will be the more averse to entering into engagements with us. as 

 the imbecility of our government enables them to derive many advantages 

 from our trade, without granting us any return. But were this country 

 united by proper bands, in, addition to other great advantages, we could form 

 very beneficial treaties with foreign states. But this can never happen with- 

 out a change in our system. Were we not laughed at by the Minister of that 

 nation, from which we may be able yet to extort some of the most salutary 

 measures for this country? Were we not told that it was necessary to 

 temporize till our government acquired consistency? Will any nation relin- 

 quish national advantages to us? You will be greatly disappointed, if you 

 expect any such good effects from this contemptible system.""' 



Universal was the desire for amelioration of the existing conditions, 

 and out of that desire and the conflict of opinion came the Constitu- 

 tion. It was debated by the Convention which framed it, it was 

 discussed by publicists and individuals, it was again debated in each 

 of the State conventions which considered its ratification. Yet 

 nowhere, so far as a careful search has revealed, was there a ques- 

 tion raised but that the meaning and intended effect of the words 

 in the Constitution respecting the status of treaties, was, that a 

 provision in any treaty properly expressed operated in despite of 

 any State enactment as municipal and local law within that State 

 and overrode all and any constitution, statute, or common law in 

 derogation thereof. Men opposed the wisdom of this constitutional 

 provision ; they united in recognizing its novel, almost revolutionary 

 significance. 



"^ Ibid., p. 50. 

 "= Ibid., p. 128. 



I'ROC. AMER. PHIL. SOC, LI. 206 S, PRINTED SEPT. 6, igiZ. 



