tes, is
illustrated by the first clause of the sixth article. This clause
provides that "all debts, contracts, and engagements entered into
before the adoption of this Constitution, shall be as valid against
the United States under this Government as under the Confederation."
This provision, like the one under consideration, was indispensable if
the new Constitution was adopted. The new Government was not a mere
change in a dynasty, or in a form of government, leaving the nation or
sovereignty the same, and clothed with all the rights, and bound by
all the obligations of the preceding one. But, when the present United
States came into existence under the new Government, it was a new
political body, a new nation, then for the first time taking its place
in the family of nations. It took nothing by succession from the
Confederation. It had no right, as its successor, to any property or
rights of property which it had acquired, and was not liable for any
of its obligations. It was evidently viewed in this light by the
framers of the Constitution. And as the several states would cease to
exist in their former confederated character upon the adoption of the
Constitution, and could not, in that character, again assemble
together, special provisions were indispensable to transfer to the new
Government the property and rights which at that time they held in
common; and at the same time to authorize it to lay taxes and
appropriate money to pay the common debt which they had contracted;
and this power could only be given to it by special provisions in the
Constitution. The clause in relation to the territory and other
property of the United States provided for the first, and the clause
last quoted provided for the other. They have no connection with the
general powers and rights of sovereignty delegated to the new
Government, and can neither enlarge nor diminish them. They were
inserted to meet a present emergency, and not to regulate its powers
as a Government.

Indeed, a similar provision was deemed necessary, in relation to
treaties made by the Confederation; and when in the clause next
succeeding the one of which we have last spoken, it is declared that
treaties shall be the supreme law of the land, care is taken to
include, by express words, the treaties made by the confederated
States. The language is: "and all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme
law of the