en in
the clause alluded to, to regulate commerce, yet this power is in
part, as I have before endeavored to show, given to the President
and Senate in their treaty-making capacity--the truth of which
position is admitted by the friends of the bill to a certain extent.
The fact is, that the only difference between us is to ascertain the
precise point where legislative aid is necessary to the execution of
the treaty, and where not. To fix this point is to settle the
question. After the most mature reflection which I have been able
to give this subject, my mind has been brought to the following
results; Whenever the President and Senate, within the acknowledged
range of their treaty-making power, ratify a treaty upon
extraterritorial subjects, then it is binding without any auxiliary
law. Again, if from the nature of the treaty self-executory, no
legislative aid is necessary. If on the contrary, the treaty from
its nature cannot be carried into effect but by the agency of the
legislature, that is, if some municipal regulation be necessary,
then the legislature must act not as participating in the
treaty-making power, but in its proper character as a legislative
body.

BARNAVE (1761-1793)

Antoine Pierre Joseph Marie Barnave was born at Grenoble, France, in
1761. He was the son of an advocate, who gave him a careful
education. His first work of a public character, a pamphlet against
the Feudal system, led to his election to the States-General in
1789. He advocated the Proclamation of the Rights of Man and
identified himself with those enthusiastic young Republicans of whom
Lafayette is the best type. The emancipation of the Jews from all
civil and religious disabilities and the abolition of slavery
throughout French territory owed much to his efforts. He also
opposed the Absolute Veto and led the fight for the sequestration of
the property of the Church. This course made him a popular idol and
in the early days of the Revolution he was the leader of the extreme
wing of the Republicans. When he saw, however, that mob law was
about to usurp the place of the Republican institutions for which he
had striven, he leaned towards the court and advocated the
sacrosanctity of the King's person. Denounced as a renegade, with
his life threatened and his influence lost, he retired to his native
province. In August 1792 he was impeached for correspondence with
the King, and on November 26th, 1793. he was guillotined.