The Footprints of Time: And a Complete Analysis of Our American System of Government, with a Concise History of the Original Colonies and of the United States, in Chronological OrderBancroft, Charles
History
The Footprints of Time: And a Complete Analysis of Our American System of Government, with a Concise History of the Original Colonies and of the United States, in Chronological Order
Bancroft, Charles
United States -- History; United States -- Politics and government
4. It must be borne in mind that a treaty, although mutually agreed
upon by the agents of the nations concerned, is not binding upon either
party until properly ratified according to the forms of the respective
governments interested. The modes of ratification differ in different
governments. In ours the Constitution confers this power upon the
President, by and with the advice and consent of two-thirds of the Senate.
In absolute monarchies this power rests in the hands of the King or
Emperor alone. As before stated, every government may confer the power to
negotiate a treaty upon such agents as it pleases. It also has the power
to prescribe such modes of ratifying or confirming it, as it pleases.
5. But when once made and approved, it becomes binding not only upon
the respective governments that made it, but upon all the citizens and
subjects of that government. It has been held in this country by our
greatest lawyers and statesmen, that the provisions of a treaty bind
Congress, the President, and every citizen as much as any Constitutional
provision or act of Congress. And for this reason our treaties are
published in the papers in every State and Territory in the Union, in the
same manner, and to the same extent, as the laws of Congress.
6. The violation of a treaty by either of the parties thereto, is
reprehensible and criminal. It is derogatory to the character of any
nation or individual that does it. It destroys the confidence of one
nation in the other, leads to unfriendly feelings and acts between the
parties, and may bring on a war, if satisfaction is not given. Yet such
things have been done, and evil consequences have always followed. “If
you make a bargain, stick to it,” is a common, trite, and wise saying.
Just here it seems proper to call attention to the fact that the
Constitution prohibits any State from making any treaty with any foreign
government. The reason for this provision is very obvious, for, if
allowed, a State might confer privileges upon foreign powers which
would be incompatible with the interests of other States. Therefore
the treaty-making power is kept wholly in the hands of the general
government, for in it every State has its representatives, and a voice in
every treaty which it makes.
7. So numerous are the treaties which the United States has made with
nearly every civilized nation upon earth, that it would require a very
large volume to contain them. They are published with the laws, and
generally in English and in the language of the nation with whom the
treaty is made. They may be found in the United States Statutes at Large.
It would require too much space in a work of this kind, to give even
their titles.
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