Treaty

“ The powers embraced by, or appertaining to foreign relations, are left to be regulated by the treaty-making power, or by Congress; and, if by the latter, are enumerated and specifically delegated. They embrace a large portion of its powers. But those relating to the exterior relations of the States among themselves, with few exceptions, are regulated by provisions inserted in the constitution itself. To this extent, it is, in fact, a treaty — under the form of a constitutional compact — of the highest and most sacred character. ”

“ Attend chiefly to those in which the great powers of Europe are the parties; such as the treaty of the Pyrenees, between France and Spain; the treaties of Nimeguen and Ryswick; but, above all, the treaty of Munster should be most circumstantially and minutely known to you, as almost every treaty made since has some reference to it. For this, Pere Bougeant is the best book you can read, as it takes in the thirty years' war, which preceded that treaty. The treaty itself, which is made a perpetual law of the empire, comes in the course of your lectures upon the 'Jus Publicum Imperii'. ”

“ The analogy between treaty-making and legislation 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 conventions 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. [2] But the closest analogy of a treaty is to a contract in private law. ”

“ The constitution confers on the government of the Union the power of making war, and of making treaties; and it seems consequently to possess the power of acquiring territory either by conquest or treaty. [3] If the cession be by treaty, the terms of that treaty must be obligatory; for it is the law of the land. And if it stipulates for the enjoyment by the inhabitants of the rights, privileges, and immunities of citizens of the United States, and for the admission of the territory into the Union, as a state, these stipulations must be equally obligatory. ”

“ 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. ”

“ On the subject of treaties, our system is to have none with any nation, as far as can be avoided. The treaty with England has therefore, not been renewed, and all overtures for treaty with other nations have been declined. ”

“ The idea of a requisition of a foreign nation upon the judiciary of another, much more upon the humble magistrate of another, demanding, as of right, the fulfilment of treaty obligations, is certainly novel, and one that I would not willingly attribute to the distinguished men who negotiated this one, nor to the governments that ratified it. So extraordinary an interpretation ought not to be given to the instrument, unless upon the plainest and most imperative terms. ”

“ But let me now consider the treaty itself: among the one and twenty articles of which it consists, only two have any relation to us, importing that the Dutch are to be guarantees of our succession, and are not to enter into any treaty until the queen is acknowledged by France. We know very well, that it is, in consequence, the interest of the States, as much as ours, that Britain should be governed by a protestant prince. ”

“ The fact is that when two nations like Great Britain and the United States, mutually desirous, as they are, and I trust ever may be, of maintaining the most friendly relations with each other, have unfortunately concluded a treaty which they understand in senses directly opposite, the wisest course is to abrogate such a treaty by mutual consent and to commence anew. ”

“ Treaties have been classified on many principles, of which it will suffice to mention the more important. A “ personal treaty, ” having reference to dynastic interests, is contrasted with a “real treaty, ” which binds the nation irrespectively of constitutional changes; treaties creating outstanding obligations are opposed to “transitory conventions,” e.g. Classification. for cession of territory, recognition of independence, and the like, which operate irrevocably once for all, leaving nothing more to be done by the contracting parties ”

“ If Great Britain asks, then, why she should enter into treaty with us? why not carry on her commerce without treaty? I answer; because till a treaty is made, no consul of hers can be received (his functions being called into existence by a convention only, and the States having abandoned the right of separate agreements and treaties) ; no protection to her commerce can be given by Congress ”

“ TREATIES.1. A treaty is a contract between two or more states. The term "tractatus," and its derivatives, though of occasional occurrence in this sense from the 13th century onwards, only began to be commonly so employed, in lieu of the older technical terms "conventio publica," or "fœdus," from the end of the 17th century. In the language of modern diplomacy the term "treaty" is restricted to the more important international agreements, especially to those which are the work of a congress, while agreements dealing with subordinate questions are described by the more general term "convention." ”

“ The fathers of the Constitution had established the sound principle that treaties are the law of the land. This not only involves mature consid- eration of a treaty before it is made, but publicity as well. The American people have known at all times what obligations had been incurred, and the world had the same information. ”

“ Taking these two facts, the treaty made in 1785 and the Constitution made [Pg 291] in 1787, how can it be asserted that the ancient policy of the Government is against privateering, and that we have nationally denounced it?
Mr. Sumner. The Senator will pardon me, if I say that I know no better denunciation than that of a treaty negotiated by Franklin. A treaty is the act of the nation, and testifies to the sentiments of the nation. If the same denunciation did not find place in more important treaties, it is reasonable to suppose that it was not acceptable to the other contracting parties. ”

“ By the Law of Nations, in the absence of any express stipulation, a treaty is of perpetual obligation on both parties,—to be abrogated only by a new treaty having the assent of both parties, or by the act of one party, alleging bad faith or hostile intent in the other, and on this account declaring before the civilized world a release from all its obligations. ”

“ XVII.—The native inhabitants and aliens, of whatever nation or condition they may be, in those countries which are to change sovereigns, as well in virtue of the present treaty as of the subsequent arrangements to which it may give rise, shall be allowed a period of six years, reckoning from the exchange of the ratifications, for the purpose of disposing of their property, if they think It, whether it be acquired before or during the present war; and retiring to whatever country they may choose. ”

“ Chairman, I conceive that neither the life nor property of any citizen, nor the particular right of any state, can be affected by a treaty. The lives and properties of European subjects are not affected by treaties, which are binding on the aggregate community in its political, social capacity. ”

“ I am mistaken if any men, bodies of men or Countries, will enter into any compact or treaty, if one of the three is to have a negative controul over the other two, but granting that it is an evil it will infallibly work its own cure.—there must be reciprocity or no Union. ”

“ When a nation binds itself by treaty, either to permit the entry of certain goods from one foreign country which it prohibits from all others, or to exempt the goods of one country from duties to which it subjects those of all others, the country, or at least the merchants and manufacturers of the country, whose commerce is so favoured, must necessarily derive great advantage from the treaty. ”

“ 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. ”

“ XXIII. All the countries and territories, which may have been conquered, in whatsoever part of the world, by the arms of their Britannick and Most Faithful Majesties, as well as by those of their Most Christian and Catholick Majesties, which are not included in the present treaty, either under the title of cessions, or under the title of restitutions, shall be restored without difficulty, and without requiring any compensations. ”

“ It is to be considered, that treaties constitute solemn compacts of binding obligation among nations; and unless they are scrupulously obeyed, and enforced, no foreign nation would consent to negotiate with us; or if it did, any want of strict fidelity on our part in the discharge of the treaty stipulations would be visited by reprisals, or war. [11] It is, therefore, indispensable, that they should have the obligation and force of a law, that they may be executed by the judicial power, and be obeyed like other laws. ”

“ Enough has been said to show, that, if such a sovereignty could be exercised after a treaty has been signed, it would be a power to change materially the relations which the people of a ceded territory had to each other ”

“ Whether the stipulations of a treaty are to be considered as an affirmance, or an exception or an explanation, may sometimes appear upon the face of the treaty; sometimes, being naked stipulations, their character must be determined by resorting to other evidences of the Law of Nations. ”

“ As between the Allied and Associated Powers or their nationals on the one hand and Germany or her nationals on the other hand, all the exceptional war measures, or measures of transfer, or acts done or to be done in execution of such measures as defined in Paragraphs 1 and 3 of the annex hereto shall be considered as final and binding upon all persons except as regards the reservations laid down in the present treaty. ”

“ Being concerned as counsel for a number of persons who have been, since the annunciation of the provisional treaty, indicted under the confiscation laws of this State, for the part they are supposed to have taken in the late war, we are induced, at the desire of our clients, and in their behalf, to apply to Congress, through your Excellency, for an exemplification of the definitive treaty. ”

“ How can our government make a treaty with a foreign nation? With this question we bring our pupils face to face with the first type-element in the Jay Treaty lesson. The class has not long since taken up the story of the making of our Constitution, and may be assumed to realize its significance as the “fundamental law.” What has the Constitution to say on the subject of treaty-making? 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.” ”

“ 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. ”

“ No nation looks, in its intercourse, under a treaty, with another to any but the executive government. Every nation has a right to say with what act she will be satisfied as fulfilling a treaty stipulation, the other party to the treaty reserving the same right. ”

“ This treaty is celebrated, not only because it was the first great treaty among the European states, but also on account of its marking the divergence from one another, and in some sense the origin, of three of the great nations of modern Europe,—of France, Germany, and Italy. ”

“ But it has been said, these men were not regular troops. Mr. S. asked, what, then, were they? They surely were not militia. The last objection, and the least serious of all, to this motion, is the expectations of a treaty in the spring. Mr. S. said, if he thought the gentleman who threw this difficulty in the way believed himself that we have any reason to expect a permanent peace from the treaty now proposed, it might deserve an answer. Facts are more to be relied upon than words. ”

“ It is very difficult to understand how any different doctrine can be sustained. A treaty is primarily a compact between independent nations. It depends for the enforcement of its provisions on the interest and the honor of the governments which are parties to it. ”

“ France, England, and all other nations have a right to cruise on our coasts; a right not derived from our permission, but from the law of nature. To render this more advantageous, France has secured to herself, by a treaty with us, (as she has done also by a treaty with Great Britain, in the event of a war with us or any other nation) two special rights. 1. Admission for her prizes and privateers into our ports. ”

“ 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. ”

“ Now the Lacedæmonians were both evidently plotting against us before, and now especially are doing so. For whereas it is expressed in the treaty, that we should give and accept judicial decisions of our differences, and each side [in the mean time] keep what we have; they have neither themselves hitherto asked for such a decision, nor do they accept it when we offer it; but wish our complaints to be settled by war rather than by words ”