Charles Sumner: his complete works, volume 05 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 05 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The treaty, it will be noted, reserves to _either party_--that is, to
_either of the Governments_ between whom it is made--the privilege of
terminating it by notice; and the President, without the sanction of an
Act of Congress, but simply in pursuance of a resolution of the Senate,
passed in Executive Session, _has constituted himself the Government_,
so far as to give such notice, and by such notice to abrogate the
treaty. Acting under his instructions, our Minister at Copenhagen, on
the 14th of April, 1855, notified the Danish Government, that,--
“After the expiration of one year from the date of this
communication, the United States will regard the general
convention of ‘friendship, commerce, and navigation,’ agreed
upon by Denmark and themselves on the 26th of April, 1826, as
_finally abrogated_, and that after that period its provisions
will not be binding upon our Government.”[50]
Thus undertaking, merely with the consent of the Senate, and without
the concurrence of the House of Representatives, to abrogate a treaty,
the President has assumed a power inconsistent with the Constitution,
and disowned by the practice of the Government, adopted, after debate,
on leading occasions. Such a usurpation cannot be justified by the good
that is sought; for that good might have been sought, and may still be
sought, by another course, in entire harmony with the Constitution and
the practice of the Government. Nor will any temporary purpose justify
the removal of constitutional safeguards.
The Constitution declares that the President “_shall have power_,
by and with the advice and consent of the Senate, to make treaties,
provided two thirds of the Senators present concur”; but it does not
declare that the President, by and with the consent of the Senate,
shall have power to abrogate treaties. The absence of all language
conferring this extraordinary power is itself an unanswerable argument
against the existence of the power. But we are not left to found our
conclusion even on irresistible inference. There are explicit words
of the Constitution, which determine it beyond doubt. It is declared,
that--
“This Constitution, and the laws of the United States which
shall be made in pursuance thereof, AND ALL TREATIES MADE _or
which shall be made under the authority of the United States_,
SHALL BE THE SUPREME LAW OF THE LAND.”
Public-domain text, read in full here on John Shaqi.
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