The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
When it was said above, that all matters depending before Parliament
were discontinued by the determination of the session, it was not
meant for judiciary cases, depending before the House of Lords, such
as impeachments, appeals, and writs of error. These stand continued
of course to the next session.--_Raym._ 120, 381; _Ruffh. Jac. L. D.
Parliament_.
$Impeachments stand in like manner continued before the Senate of the
United States.$
SECTION LII.
TREATIES.
$The President of the United States has power, by and with the advice
and consent of the Senate, to make treaties, provided two-thirds of the
Senators present concur.--_Const. U. S._ Art. II. Sec. 2.
Resolved, That all confidential communications, made by the President
of the United States to the Senate, shall be, by the members thereof,
kept inviolably secret; and that all treaties, which may hereafter be
laid before the Senate, shall also be kept secret, until the Senate
shall, by their resolution, take off the injunction of secrecy.--_Dec.
22d, 1804._$
Treaties are legislative acts. A treaty is a law of the land. It differs
from other laws only as it must have the consent of a foreign nation,
being but a contract with respect to that nation. In all countries, I
believe, except England, treaties are made by the legislative power; and
there, also, if they touch the laws of the land, they must be approved by
Parliament. Ware _vs._ Hilton.--3 _Dallas's Rep._ 199. It is acknowledged,
for instance, that the King of Great Britain cannot, by a treaty, make a
citizen of an alien.--_Vattel_, _b._ 1, _c._ 19, _sec._ 214. An act of
Parliament was necessary to validate the American treaty of 1783. And
abundant examples of such acts can be cited. In the case of the treaty
of Utrecht, in 1712, the commercial articles required the concurrence of
Parliament. But a bill brought in for that purpose was rejected. France,
the other contracting party, suffered these articles, in practice, to
be not insisted on, and adhered to the rest of the treaty.--4 _Russell's
Hist. Mod. Europe_, 457; 2 _Smollet_, 242, 246.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account