Page:Debates in the Several State Conventions, v4.djvu/44

28 )—that treaties were the supreme law of the land in all countries, for the most obvious reasons—that laws, or legislative acts, operated upon individuals, but that treaties acted upon states—that, unless they were the supreme law of the land, they could have no validity at all—that the President did not act in this case as a legislator, but rather in his executive capacity.

Mr. LENOIR replied that he wished to be conformable to the rules of the house; but he still thought the President was possessed of legislative powers, while he could make treaties, joined with the Senate.

Mr. IREDELL. Mr. Chairman, I think the gentleman is in order. When treaties are made, they become as valid as legislative acts. I apprehend that every act of the government, legislative, executive, or judicial, if in pursuance of a constitutional power, is the law of the land. These different acts become the acts of the state by the instrumentality of its officers. When, for instance, the governor of this state grants a pardon, it becomes the law of the land, and is valid. Every thing is the law of the land, let it come from what power it will, provided it be consistent with the Constitution.

Mr. LENOIR answered, that that comparison did not hold.

Mr. IREDELL continued. If the governor grants a pardon, it becomes a law of the land. Why? Because he has power to grant pardons by the Constitution. Suppose this Constitution is adopted, and a treaty made; that treaty is the law of the land. Why? Because the Constitution grants the power of making treaties.

Several members expressed dissatisfaction at the inconsistency (as they conceived it) of the expressions, when—

Mr. JAMES GALLOWAY observed, that their observations would be made more properly when they come to that clause which gave the casting vote to the Vice-President, and the qualified negative to the President.

The first three clauses of the 2d section read.

Mr. MACLAINE. Mr. Chairman, as many objections have been made to biennial elections, it will be necessary to obviate them. I beg leave to state their superiority to annual elections. Our elections have been annual for some years. People are apt to be attached to old customs.