356 BURR— THE TREATY-MAKING POWER [April 20, 



the Constitution, is the supreme law of the land, binding alike National and 

 State Courts, and is capable of enforcement, and must be enforced by them in 

 the litigation of private rights. . . . 



" We put our decision upon the words of the treaty. By a fair inter- 

 pretation of them, did they directly confer upon the plaintiff the right 

 which she seeks to maintain? We are of the opinion that they did not."^' 



Such is the unbroken series of cases decided by the Supreme Court 

 of the United States, recognizing, stating, and enforcing the absohite 

 supremacy of treaty provisions over State laws. No case has ever in 

 the history of the United States been decided, which holds, for any 

 reason or under any conditions a treaty provision to be subordinate 

 to a State law or State right. 



IV. 



There remains, however, for consideration all that has been said 

 or suggested in the way of possible or contingent limitations of the 

 treaty-making power in favor of State rights. In this connection 

 must be considered, first, the language of Mr. Chief Justice Taney 

 in Prevost I's. Greneaux^^* and a curious statement by the same 

 judge in Frederickson I's. Louisiana; and second, all that has been 

 urged respecting the immunity of the so-called police power of the 

 States from Federal control. 



Prevost z's. Greneaux came before the Supreme Court in 1856. 

 In 1848 one Francois Marie Prevost, a citizen of Louisiana, died, 

 leaving a large estate. By the existing laws of that State a tax of ten 

 per cent, was imposed on all property inherited by aliens not domi- 

 ciled in Louisiana. In 1853 a treaty with France became efifective 

 providing : 



" In all the States of the Union whose laws permit it, so long and to the 

 same extent as the said laws shall remain in force. Frenchmen shall enjoy the 

 right of possession personal and real property by the same title and in the 

 same manner as the citizens of the United States. They shall be free to dis- 

 pose of it as they may please, either gratuitously or for value received, by 

 donation, testament, or otherwise, just as those citizens themselves; and in 

 no case shall they be subjected to taxes on transfers, inheritance, or any 

 others, different from those paid by the latter, or to taxes which shall not be 

 equally imposed." 



'^•Ibid., pp. 272-3. 

 ^^^10 How., I (1855). 



