To conclude, I have some petitions to make first to your lordship, my lord chancellor, that in case I be advertised of a purpose in any to go beyond the sea to fight, I may have granted his Majesty’s writ of ne exeat regnum to stop him, for this giant bestrideth the sea, and I would take and snare him by the foot on this side; for the combination and plotting is on this side, though it should be acted beyond the sea.  And your lordship said notably the last time I made a motion in this business, that a man may be as well fur de se as felo de se, if he steal out of the realm for a bad purpose.  As for the satisfying of the words of the writ, no man will doubt but he does machinari contra coronam, as the words of the writ be, seeking to murder a subject; for that is ever contra coronam et dignitatem.  I have also a suit to your lordships all in general, that for justice’s sake, and for true honor’s sake, honor of religion, law, and the King our master, against this fond and false disguise or puppetry of honor.  I may, in my prosecution, which, it is like enough, may sometimes stir coals, which I esteem not for my particular, but as it may hinder the good service, I may, I say, be countenanced and assisted from your lordships.  Lastly, I have a petition to the nobles and gentlemen of England, that they would learn to esteem themselves at a just price. Non hos quaesitim munus in usus—­their blood is not to be spilt like water or a vile thing; therefore, that they would rest persuaded there cannot be a form of honor, except it be upon a worthy matter.  But this, ipsi viderunt, I am resolved.

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.