explaining, or conftruing a national treaty, or any part or claufe of it; nor for reftraining, limiting, or in any manner impeding, retarding or counteracting the operation and execution of the fame; for, on being conflitutionally 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 fuch legiflatures, but alfo binding and obligatory on them."

As the treaty of peace, fo far as it refpects the 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 flate acts establishing provisions relative to the fame objects which are incompatible with it, muft in every point of view be improper; fuch acts do neverthe lefs exift; but we do not think it neceflry either to enumerate them particularly, or to make them feverally the fubjects of difcuffion. It appears to us fufficient to obferve and infil that the treaty ought to have free courfe in its operation and execution, and that all obitacles interpofed by itate acts be removed. We mean to act with the mon fcrupulous regard to juftice and candour towards Great Britain, and with an equal degree of delicacy, moderation, and decifion, towards the flates which have given occafion to thefe difcuffions.

For thefe reafons we have in general terms, Refolved, That all fuch acts, or parts of acts as may be now exifting in any of the flates, repugnant to the treaty of peace, ought to be forthwith repealed; as well to prevent their continuing to be regarded as violations of that treaty, as to avoid the difagreeable neceffity there might otherwife be of raifing and difcuffing queft ons touching their validity and obligation."

Although this refolution applies ftrictly only to fuch of the states as have paffed the exceptionable acts alluded to, yet, to obviate all future difputes and questions, as well as to remove thofe which now exist, we think it beft that every ftate without exception, fhould pafs a law on the fubject. We have therefore "refolved, That it be recommended to the feveral ftates, to make fuch repeal, rather by defcribing and reciting the faid acts; and tor that purpofe to pafs an act, declaring in general terms, that all fuch acts and parts of acts, repugnant to the treaty of peace between the United States and his Britannick m jefty, or any article the reof, fhall be, and thereby are repealed; and that the courts of law and equity in all cafes and queftions cognizable by them refpectively, and arifing from or touching the faid treaty, fall decide and adjudge according to the true intent and meaning of the fame; any thing in the faid acts, or parts of acts, to the contrary thereof notwithstanding."

Such laws would answer every purpofe, and be eafily formed. The more they were of the like tenor throughout the states the beiter; they might each recite:

Whereas certain laws and ftatutes made and paffed in fome of the United States, are regarded and complained of as repugnant to the treaty of peace with Great Britain, by reafon whereof not only the good faith of the United States pledged by that treaty, has been drawn into queftion, but their effential intereils under that treaty greatly affected: And whereas justice to Great Britain, as well as regard to the honour and intereft of the United States, require that the faid treaty be taithfully executed, and that all obftacles thereto, and particularly

fuch

it is hereby enacted by the authority of the fame, that fuch 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 Britannick majefty, or any article thereof, fhall 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 caufes and questions cognizable by them refpectively, and arifing from or touching the faid treaty, to decide and adjudge according to the tenor, true intent and meaning of the fame, any thing in the faid acts or parts of acts, to the contrary thereof in any wife notwithstanding.

Such a general law, would, we think, be preferable to one that fhould minutely enumerate the acts and claufes intended to be repealed; because omiffions might accidentally be made in the enumeration, or question might arife, and perhaps not be fatisfactorily determined, refpecting particular acts or claufes, about which contrary opinions may be entertained. By repealing in general terms all acts and claufes repugnant to the treaty, the bufinefs will be turned over to its proper departments, viz. the judicial; and the courts of law will find no difficulty in deciding whether any particular act or claufe is or is not contrary to the treaty. Befides, when it is confidered that the judges in general are men of character and learning, feel, as well as know the obligations of office, and the value of reputation, there is no reafon to doubt that their conduct and judgment relative to thefe, as well as other judicial matters, will be wife and upright.

Be pleafed, fir, to lay this letter before the legiflature of your ftate without delay. We flatter ourselves they will concur with us in opinion that candour and juftice are as neceffary to true policy as they are to found morality, and that the most honourable way of delivering ourfelves from the embarrafliment of miftakes, is fairly to correct and amend them. It certainly is time that all doubts refpecting the public faith be removed, and that all queftions and differences between us and Great Britain be amicably and finally fettled. The states are informed of the reafons why his Britannick majelly ftill continues to occupy the frontier pofts, which by the treaty he agreed to evacuate; and we have the ftrongest affurances that an exact compliance with the treaty on our part fhall be followed by a punctual performance of it on the part of Great Britain.

It is important that the feveral legiflatures fhould, as foon as poffible, take thefe matters into confideration; and we request the favour of you to tranfmit to us an authenticated copy of fuch acts, and proceedings of the legiflature of your ftate, as may take place on the fub ject, and in purfuance of this letter. By order of Congrefs, (Signed) ARTHUR St. CLAIR Prefident.

States, in Congrefs affembled, that conftitution which has appeared to us the most advifeable.

The friends of our country have long feen and defired, that the power of making war, peace, and treaties, that of levying money, and regulating commerce, and the correfpondent executive and judicial authorities, fhould be fully and effectually vefted in the general go. vernment of the union; but the impropriety of delegating fuch extenlive truft to one body of men is evident. Hence refults the neceffity of a different organization.

It is obviously impracticable in the foederal government of these ftates, to fecure all rights of inde. pendent fovereignty to each, and yet provide for the intereft and fafety of all. Individuals, entering into a fociety, must give up a fhare of liberty to preferve the rest. The magnitude of the facrifice muft depend as well on fituation and circumftance, as on the object to be obtained. It is at all times difficult to draw with precision the line between thofe rights that must be furrendered, and thofe which may be referved; and, on the prefent occafion, this difficulty was increafed by a difference among the feveral ftates, as to their fituation, extent, habits, and particular interests.

In all our deliberations on this fubject, we kept fteadily in our view that which appears to us the greatest intereft of every true Americanthe confolidation of our union, in which is involved our profperity, felicity, fafety, perhaps our national existence. This important confideration, feriously and deeply impreffed on our minds, led each state in the convention to be lefs rigid on points of inferior magnitude than might have been otherwise expected; and thus the conftitution, which we now prefent, is the refult of a fpirit of

amity, and of that mutual deference and conceffion which the peculiarity of our political fituation rendered indifpenfable.

That it will meet the full and entire approbation of every ftate, is not perhaps to be expected; but each will doubtless confider, that, had her interests been alone confulted, the confequences might have been particularly difagreeable or injurious to others; that it is liable to as few exceptions as could reafonably have been expected, we hope and believe; and that it may promote the lafting welfare of that country, fo dear to us all, and fecure her freedom and happiness, is our most ardent wish.

With great refpect,

We have the honour to be,
SIR,

Your Excellency's most Obedient and humble fervants, GEGRGE WASHINGTON, Prefident.

By unanimous order of the Convention. [To his Excellency the Prefident of Congress.]

WE, the people of the United States, in order to form a more perfect union, establish juftice, infure domeftic tranquillity, provide for the common defence, promote the general welfare, and fecure the bleflings of liberty to ourfelves and our pofterity, do ordain and eftablifh this conftitution for the United States of America.

ARTICLE

I.

Sect. 1. All legislative powers herein granted fhall be vested in a congrefs of the United States; which fhall confift of a fenate and house of reprefentatives.

Sect. 2. The houfe of reprefentatives fhall be compofed of members chofen, every fecond year, by the people of the feveral ftates; and the electors in each ftate fhall have the qualifications requifite for elec

tors