JAMES BARBOUR (1775-1842)

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.

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