Senator James Barbour's speech on the treaty-making power, made in
the United States Senate in January 1816, is one of the ablest and
most concise presentations of the Virginia view of the Federal
constitution represented by Madison before he came under Jefferson's
influence. The speech itself, here reproduced from Benton's
'Debates,' sufficiently explains all that is of permanent importance
in the question presented to the Senate, If, under the Federal
constitution, it was necessary after the ratification of a treaty to
specially repeal laws in conflict with it, then such laws and
"municipal regulations" as remained unrepealed by special act would
be in force in spite of the treaty. Arguing against this as it
affected the treaty-making power of the Senate from which the House
of Representatives was excluded by the constitution, Senator Barbour
declared the treaty-making power supreme over commerce, and
incidentally asserted that unless there is such a supremacy lodged
somewhere in the government, the condition would be as anomalous as
that of Christendom when it had three Popes.
Mr. Barbour was born in 1775 and educated for the bar. He served in
the Virginia legislature, was twice governor of the State, and twice
elected to represent it in the United States Senate. He was
Secretary of War in 1825 under John Quincy Adams, who sent him as
minister to England--a post from which he was recalled by President
Jackson. He presided over the national convention which nominated
William Henry Harrison for the presidency, dying in 1842.