Nothing can be more positive. Therefore, even at the expense of repetition, I insist, that, as the power to declare war is under the safeguard of Congress with the concurrence of the President, so is the power to make a treaty in the President with the concurrence of two thirds of the Senate,--but the act of neither becomes binding without this concurrence. Thus, on grounds of authority, as well as of reason, is it clear that the undertaking of the President to employ the War Powers without the authority of Congress was void, and every employment of these War Powers in pursuance thereof was a usurpation. If the President were a king, with the kingly prerogative either to declare war or to make treaties, he might do what he has done; but being only President, with the limited powers established by the Constitution, he cannot do it. The assumption in the Dominican treaty is exceptional and abnormal, being absolutely without precedent. The treaty with France in 1803 for the cession of Louisiana contained no such assumption; nor did the treaty with Spain in 1819 for the cession of Florida; nor did the treaty with Mexico in 1848, by which the title to Texas and California was assured; nor did the treaty with Mexico in 1853, by which new territory was obtained; nor did the treaty with Russia in 1867 for the cession of her possessions in North America. In none of these treaties was there any such assumption of power. The Louisiana treaty stipulated that possession should be taken by the United States “immediately after the ratification of the present treaty by the President of the United States, and in case that of the First Consul shall have been previously obtained.”[87] The Florida treaty stipulated “six months after the exchange of the ratification of this treaty, or sooner, if possible.”[88] But these stipulations, by which possession on our part, with corresponding responsibilities, was adjourned till after the exchange of ratifications, were simply according to the dictate of reason, in harmony with the requirement of our Constitution. The case of Texas had two stages: first, under an unratified treaty; and, secondly, under a Joint Resolution of Congress. What was done under the latter had the concurrence of Congress and the President; so that the inchoate title of the United States was created by Act of Congress, in plain contradiction to the present case, where the title, whatever it may be, is under an unratified treaty, _and is created by the President alone_. Here is a manifest difference, not to be forgotten.