Hydra in government, from which nothing but contradiction and confusion can proceed."[1]
§ 1637. There is still more cogency, if it be possible, in the reasoning, as applied to "cases arising under treaties made, or which shall be made, under the authority of the United States." Without this power, there would be perpetual danger of collision, and even of war, with foreign powers, and an utter incapacity to fulfil the ordinary obligations of treaties.[2] The want of this power was (as we have seen[3]) a most mischievous defect in the confederation; and subjected the country, not only to violations of its plighted faith, but to the gross, and almost proverbial imputation of punic insincerity.[4]
§ 1638. But, indeed, the whole argument on this subject has been already exhausted in the preceding part of these Commentaries, and therefore it may be dismissed without farther illustrations, although many humiliating proofs are to be found in the records of the confederation.[5]
- ↑ The Federalist, No. 80; id. No. 22; id. No. 15; 2 Elliot's Debates, 389, 390; 3 Elliot's Debates, 142, 143.—In the Convention, which framed the constitution, the following resolution was unanimously adopted. "That the jurisdiction of the national judiciary shall extend to cases arising under laws passed by the general legislature, and to such other questions, as involve the national peace and harmony." Journ. of Convention, 188, 189.
- ↑ The Federalist, No. 22, No. 80; 2 Elliot's Debates, 390, 400; The Federalist, No. 80.—The remarks of The Federalist, No. 80, on this subject will be found very instructive, and should be perused by every constitutional lawyer.
- ↑ Ante, Vol. I. §§ 266, 267, 483, 484; 3 Elliot's Debates, 148, 280.
- ↑ 3 Elliot's Debates, 281.
- ↑ Ante, Vol. I. §§ 266, 267, 483, 484; The Federalist, No. 22, No. 80; 1 Tuck. Black. Comm. App. 418, 419, 420.—This clause was opposed with great earnestness in some of the state conventions, and particularly in that of Virginia, as alarming and dangerous to the rights and
vol. iii.64
