Pact

“ The construction which he advocated was, that, by the Constitution of the United States, the power of making Treaties is exclusively vested in the President and two-thirds of the Senate. That this power extends to all kinds of Treaties—of Peace, of Alliance, of Amity, of Commerce and Navigation, and embraces all those subjects, and comprehends all those objects, which can with propriety be the subject of convention or compact between nations; that is, every thing in which they have a mutual or common interest. ”

“ Why may not a compact, or agreement between states, be perpetual? If it may not, what shall be its duration? Are not treaties often made for short periods, and upon questions of local interest, and for temporary objects? [2]
§ 1397. Perhaps the language of the former clause may be more plausibly interpreted from the terms used, "treaty, alliance, or confederation," and upon the ground, that the sense of each is best known by its association (noscitur a sociis) to apply to treaties of a political character; such as treaties of alliance for purposes of peace and war ”

“ On this construction, a perfect harmony is introduced into the departments of Government. Both the Legislative and the Treaty power are necessary, on many occasions, to accomplish the same objects. The Legislative power to establish regulations, or declare war, for the purpose of compelling a nation to agree to a reasonable compact; and the Treaty power, when that nation is compelled to agree to such reasonable compact, to remove by Treaty those very regulations, and the war itself, on fair and equitable terms. ”

“ I make a pact with you, Walt Whitman— ”

“ A Treaty is a bargain between nations binding in good faith; and what makes a bargain? The assent of the contracting parties. We allow that the Treaty power is not in this House; this House has no share in contracting, and is not a party; of consequence, the President and Senate alone may make a Treaty that is binding in good faith. We claim, however, say the gentlemen, a right to judge of the expediency of Treaties—that is the constitutional province of our discretion. Be it so—what follows? Treaties when adjudged by us to be inexpedient, fall to the ground, and the public faith is not hurt. ”

“ The analogy between treaty-making and legislation logics, is striking when a congress agrees upon general principles which are afterwards accepted by a large number of states, as, for instance, in the case of the Geneva convention for improving the treatment of the wounded. Many political treaties containing "transitory" conventions, with reference to recognition, boundary, or cession, become, as it were, the title-deeds of the nations to which they relate. 1 But the closest analogy of a treaty is to. a contract in private law, as will appear from the immediately following paragraphs. ”

“ An article of a treaty of commerce cannot annul an article so essential of a treaty of peace, and both are expressly comprehended in the principal treaty of alliance of 1678, by which your High Mightinesses are obliged to furnish to his Majesty the succors, which he now demands. You are too just and too wise not to feel, that all the engagements between powers ought to be mutually and reciprocally observed, and although contracted in different periods, they oblige equally the contracting parties. ”

“ Without entering into a minuter discussion of the merits of the peace, we may observe, in the imprudent hurry with which the first overtures from France were accepted, in the conduct of the negotiation, and terms of the treaty, the strongest marks of that precipitate spirit of concession, with which a certain part of your subjects have been at all times ready to purchase a peace with the natural enemies of this country. ”

“ Pray them to weigh things more indifferently. To charge us with breach of covenant when they break first, to bind us to the words of a treaty when it maketh for their purpose, and to use the benefit of a glosed interpretation when the words make against them, what equity, reason, honour, justice, treaty, or amity, can bear it? ”

“ And whenever the legitimate organs of intercourse shall be restored and the real sentiments of the two Governments can be candidly communicated to each other, although strongly impressed with the necessity of collecting ourselves into a manly posture of defense, I nevertheless entertain an encouraging confidence that a mutual spirit of conciliation, a disposition to compensate injuries and accommodate each other in all our relations and connections, will produce an agreement to a treaty consistent with the engagements, rights, duties, and honor of both nations. ”

“ They must make the Cause of Peace the object of general consultation, and seek by every means in their power to establish a Union of the nations of the world. They must conclude a binding treaty and establish a covenant, the provisions of which shall be sound, inviolable and definite. They must proclaim it to all the world and obtain for it the sanction of all the human race. ”

“ And therefore as we wish that all mis-understandings betwixt the Nations, and betwixt the King and his people may be removed, that there may be a happy and lasting Peace, so that there may be no agreement without establishing and enjoyning the Covenant in all these three Kingdoms; and that for this end God would give wisdom to all that are intrusted in the managing of publick affairs that they may seasonably discover and carefully avoid all snares which may be laid either by Sectaries, or Malignants, or both, under colour of a Treaty of Peace. ”

“ The government has charge of the foreign political relations, conducts negotiations, makes preliminary stipulations, signs and causes to be signed and concluded all treaties of peace and alliance, truce, neutrality, commerce, and other conventions. ”

“ I can assure you with truth, that we meet you on [366] this occasion, with the sincerest dispositions to remove from between the two countries those obstacles to a cordial friendship, which have arisen from an inexecution of some articles of the treaty of peace. The desire entertained by this country, to be on the best terms with yours, has been constant, and has manifested itself through its different forms of administration, by repeated overtures to enter into such explanations and arrangements as should be right and necessary to bring about a complete execution of the treaty. ”

“ Unlike a contract in private law, a treaty, even though made in pursuance of a full power, is, according to modern views, of no effect till it is ratified. (5) No special form is necessary for a treaty, which in theory may be made without writing. It need not even appear on the face of it to be a contract between the parties, but may take the form of a joint declaration, or of an exchange of notes. Latin was at one time the language usually employed in treaties, and con tinued to be so employed to a late date by the emperor and tl;3 pope. ”

“ It's the multiplication-table they like, and if all the world were like them one would never throw poetry into a project.”
“You 'll have to come with me, Cutbill; I see that,” said his Lordship, reflectingly.
“My Lord, I am completely at your orders.”
“Yes; this is a sort of negotiation you will conduct better than myself. I am not conversant with this sort of thing, nor the men who deal in them. A great treaty, a question of boundary, a royal marriage,—any of these would find me ready and prepared, but with the diplomacy of dividends, I own myself little acquainted. ”

“ There are circumstances both in the time and in the manner of it which deserve attention. A gentleman from Maryland (Mr. Wright) has told you, that all treaties ought to be published and proclaimed for the information of other nations. I ask, was this a public treaty? No. Was official notice of it given to the Government of this country? Was it announced to the President of the United States, in the usual forms of civility between nations who duly respect each other? ”

“ The king's intention is, that all the parties engaged in the present war, without excepting any of them, may find their reasonable satisfaction, in the treaty of peace which shall be made; that commerce may be reestablished and maintained for the future, to the advantage of Great Britain, of Holland, and of the other nations who have been accustomed to exercise commerce. ”

“ You will proceed to negotiate with his minister the terms of a treaty of amity and commerce, as nearly conformed as possible to the draught we give you. Where alterations, which, in your opinion, shall not be of great importance, shall be urged by the other party, you are at liberty to agree to them. ”

“ If the treaty brings to us prosperity, as you say, we will like it all the better. But if it brings us good or ill, we will not abandon it. When I make a peace, it is a long and lasting peace. I have spoken. ”

“ God, that hath known our meaning since our entry into the treaty, will judge between us and him, and give us force to withstand the malice of all our enemies. At the least, if he will needs break, you shall require him to deal with us like a prince of honour, and to give order, as we will for our part, that the subjects on both parts may have a reasonable time to depart with their goods, as hath always been accustomed between princes in semblable cases. ”

“ It was well said by the editor of a Collection of Treaties published in 1772 that to a statesman a Collection of Treaties is a code or body of Law, and to him is of the same use as is a Collection of the Statutes to the lawyer. [2] But their historical place and value must never be lost to sight. They are to be viewed as marking points in the movement of thought. [3]
The relation of a Treaty to 'the Law' may well give rise to doubt. ”

“ A treaty of alliance, my lords, has been for some time concerted with the emperour of Muscovy, and has been negotiated with such diligence, that it is now completed, and I doubt not but the last ratifications will arrive at this court in a few days; by which it will appear to your lordships, that the interest of this nation has been vigilantly regarded, and to our allies, that the faith of Britain has never yet been shaken. ”

“ In a narrower sense treaties may be divided into many classes, as political, economic, guarantee, surety, neutrality, alliance, friendship, boundary, cession, exchange, jurisdiction, extradition, commerce, navigation, peace, etc., and conventions relating to property of various kinds, including literary and artistic, to post and telegraph, etc. ”

“ Lord treasurer said in the house of lords, that in a few days the treaty of peace should be laid before them; and our court thought it wrong to hazard a battle, and sacrifice many lives in such a juncture. If the peace holds, all will do well, otherwise I know not how we shall weather it. ”

“ ALLIANCE, in international law, aleague between independent states, defined by treaty, for the purpose of combined action, defensive or offensive, or both. Alliances have usually been directed to specific objects carefully defined in the treaties. ”

“ A treaty between her majesty and the States, to subsist after a peace, was now signed, mons. Buys having received full powers to that purpose. His masters were desirous to have a private article added, sub spe rati, concerning those terms of peace; without the granting of which, we should stipulate not to agree with the enemy. But neither the character of Buys, nor the manner in which he was empowered to treat, would allow the queen to enter into such an engagement. ”

“ If we carry our views out of France, and look at the dreadful catalogue of all the breaches of treaty, all the acts of perfidy at which I have only glanced, and which are precisely commensurate with the number of treaties which the Republic have made (for I have sought in vain for any one which it has made and which it has not broken) ”

“ For every occasion on which deceit has been practised, there are a dozen on which the negotiation has followed the obvious course of a practical discussion in which ‘the application of intelligence and tact’ led to an agreement. In substance, therefore, diplomacy demands the same qualities as any other form of negotiation. ”

“ Having already made an extract from, both declarations of war, I shall here give a translation of the eighth article in the grand alliance, which will put this matter out of dispute.
THE EIGHTH ARTICLE OF THE GRAND ALLIANCE.
WHEN the war is once undertaken, none of the parties shall have the liberty to enter upon a treaty of peace with the enemy, but jointly and in concert with the other. ”

“ It had been argued that from the nature of governmental powers, the Treaty-making power must be paramount, and from the nature of contract it must be paramount. The truth is, the Treaty- [Pg 661] making power must be what the constitution has made it. ”

“ On the other hand, treaties of amity, of alliance, and the like, having a political character, the object of which 'is to promote relations of harmony between nation and nation,' are generally regarded as belonging to the class of treaty stipulations that are absolutely annulled by war. ”

“ After the ratifications of the treaty, a particular convention shall be made of the conditions, by which the said queen and the said lords the States-general will engage themselves to furnish the succours which shall be thought necessary, as well by sea as by land. ”

“ The faith of treaties, that firm and sincere will, that invincible constancy in fulfilling engagements, of which a declaration is made in a treaty, is then holy and sacred among nations, whose safety and repose it ensures; and if nations will not be wanting to themselves, they will load with infamy whoever violates his faith. ”

“ Absolute justice introduced into a treaty would only be baffled or violated by the rival interests of the parties: the perfection of a treaty, therefore, is not to be an embodiment of ideal justice, but to express with accuracy, and to consolidate an effectual balance of power between the contracting parties. ”

“ Perhaps we may engage them to act on certain articles, including their note on impressment, by a mutual understanding, under the pretext of further time to arrange a general treaty. Perhaps, too, the general peace will, in the meantime, establish for us better principles than we can obtain ourselves. ”