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 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, "retarding, or counteracting the operation of the "same for that on being constitutionally made,

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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 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.

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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, repugnant to the treaty of peace, between the United States and his Britannic Majesty, or any article

thereof,

thereof, shall be, and thereby are repealed; and, that the courts of law and equity, in all cases and questions cognizable by them respectively, and arising from or touching the said treaty, shall decide and judge according to the true intent and meaning of the same; any thing in the said acts, or parts of acts, to the contrary thereof notwithstanding."

"Such laws would answer every purpose, and be easily formed. The more they were of the like tenor, throughout the states, the better. They might each recite,

Whereas, certain laws, or statutes, made and passed in some of the United States, are regarded and complained of, as repugnant to the treaty of peace with Great Britain, by reason whereof, not only the good faith of the United States, pledged by that treaty, has been drawn into question, but their essential interests, under that treaty, greatly affected: and, whereas, justice to Great Britain, as well as a regard to the honour and interests of the United States, require that the said treaty be faithfully executed, and that all obstacles thereto, and particularly such as do, or may be construed to proceed from the laws of this state, be effectually removed therefore, be it enacted by

and it is hereby enacted by the authority of the same, that such of the acts, or parts of acts, of the legislature of this state, as are repugnant to the treaty of peace between the United States and his Britannic Majesty, or any article thereof, shall be, and hereby are repealed: and further, that the courts of law and equity, within this state, be and they hereby are directed and required, in all causes and questions cognizable by them respectively, and arising from or touching the said treaty, to decide and adjudge according to the tenor, true intent, and meaning of the same, any thing in the said

acts,

acts, or parts of acts, to the contrary thereof, in any wise notwithstanding."

"Such a general law would, we think, be preferable to one that should minutely enumerate the acts and clauses intended to be repealed, because omis-, sions might accidentally be made in the enumeration, or questions might arise, and perhaps not be satisfactorily determined, respecting particular acts or clauses, about which contrary opinions may be entertained. By repealing in general terms, all acts and clauses repugnant to the treaty, the business will be turned over to its proper department, viz. the judicial and the courts of law will have no difficulty in deciding whether any particular act or clause is, or is not contrary to the treaty. Besides, when it is considered, that the judges in general, are men of character and learning, and feel, as well as know, the obligations of office, and the value of reputation; there is no reason to doubt that their conduct and judgment relative to these, as well as other judicial matters, will be wise and upright.

"Be pleased, Sir, to lay this letter before the legislature of your state, without delay. We flatter ourselves, they will concur with us in opinion, that candour and justice are as necessary to true policy, as they are to sound morality, and that the most honourable way of delivering ourselves from the embarrassment of mistakes, is fairly to correct and amend them. It certainly is time, that all doubts respecting the public faith be removed, and that all questions and differences between us and Great Bri tain, be amicably and finally settled. The states are informed of the reasons why his Britannic Majesty still continues to occupy the frontier posts, which by the treaty he agreed to evacuate; and we have the strongest assurances, an exact compliance with the treaty on our part, shall be followed by a punctual