terests, yet it would have been impossible to have defined a power of this nature; and therefore general terms only were used in conferring it,

508. These general expressions, however, ought to be scrupulously confined to their legitimate signification; and in order to ascertain whether the execution of the Treaty-making power can be supported in any given case, the principles of the Constitution, from which the power proceeds, must be carefully applied to it.

509. The power must be construed in subordination to the Constitution; and, however in its operation it may qualify, it cannot supersede or interfere with, any other of its fundamental provisions; nor can it be so interpreted as to authorize the destruction of other powers given in that instrument.

510. A Treaty to change the organization of the Government, or annihilate its sovereignty, or overturn its Republican form, or to deprive it of its Constitutional powers, would be void; because it would defeat the will of the People, which it was designed to fulfil.

511. A Treaty, in its general sense, is a compact entered into with a foreign Power, and extends to all matters which are usually the subject of compact between independent nations.

512. It is, in its nature, a contract, and not a Legislative act; and does not generally effect, of itself, the objects purposed to be accomplished by concluding it; but requires to be carried into execution by some subsequent act of sovereign power by the contracting parties, especially in cases where it is intended to operate within their respective territories,

513. In the United States, however, it is settled by a decision of the Supreme Court, that as the Constitution declares a Treaty to be the "Law of the Land," it is to be regarded in Courts of Justice as equivalent to a Legislative Act, whenever it operates of itself, without the aid of any Legislative provision.

514. But when the terms of the stipulation import an executory contract, the Treaty refers for its execution to the political, and not to the Judicial department of the Government; and Congress must pass a Law in execution of the contract, before it can become a rule for the Courts.

515. The Constitution does not distinctly declare whether Treaties are to be held superior to Acts of Congress, or whether Laws are to be co-equal or superior to Treaties; but the representation held forth to foreign Powers is, that the President, by and with the consent of the Senate, has power to bind the Nation in all legitimate compacts; and if pre-existing Laws, contrary to a Treaty, could be abrogated only by Congress, this representation would be fallacious.

516. The immediate operation of a Treaty must therefore be, to overrule all existing Legislative Acts incompatible with its provisions; as otherwise the public faith would be subjected to just imputation and reproach, and all confidence in the national engagements would be destroyed.

517. This is not inconsistent with the power of Congress to pass subsequent Laws, qualifying, altering, or wholly annulling a Treaty; for such an authority, in certain cases, is supported on grounds wholly independent of the power of making Treaties, and is incident to the power of declaring war.

518. The exercise of such a right may become necessary to the public welfare and safety, from measures of the party with whom the Treaty was made, contrary to its spirit, or in open violation of its letter; and on such grounds alone can this right be reconciled, either with the provisions of the Constitution, or the principles of public Law.

519. All Treaties, as soon as finally ratified by the competent authorities, become of absolute efficacy; and as long as they continue in force, are obligatory upon the whole Nation.

520. If a Treaty require the payment of money to carry it into effect, and the money can only be raised or appropriated by an Act of the Legislature, the existence of the Treaty renders it morally obligatory on Congress to pass the requisite Law; and its refusal to do so, would amount to a breach of the public faith, and afford just cause of war.

521. That department of the Government, which is entrusted by the Constitution with the power of making Treaties, is competent to bind the National faith at its discretion; for the power to make Treaties must be co-extensive with the national exigencies, and necessarily involves in it every portion of the national sovereignty, of which the co-operation may be necessary to give effect to negotiations and contracts with foreign Nations.

522. If a Nation confer on its Executive department, without reserve, the right of treating and contracting with other Sovereignties, it is considered as having invested it with all the power necessary to make a valid contract; and that it is competent to alienate the public domain and property by Treaty; because that department is the organ of the Nation

in making such contracts; and such alienations are valid, because they are made by the deputed assent of the Nation.

523. The fundamental Laws may withhold from the Executive department the power of alienating what belongs to the State; but if there be no express provision to that effect, the inference is, that the Constitution has confided to the department charged with the power of making Treaties, a discretion commensurate with all the great interests and necessities of the Nation.

524. A power to make Treaties of Peace, necessarily implies a power to settle the terms on which they shall be concluded; and foreign States could not deal safely with the Government, upon any other presumption.

525. That branch of the Government, which is entrusted thus generally with authority to make valid Treaties of Peace, must, of course, have power to bind the Nation by the alienation of part of its territory, whether that territory be already in the occupation of the enemy, or remain in possession of the Nation, or whether the property be public or pri

vate.

526. Individual rights acquired by war, and vested rights of the citizens, may be surrendered by Treaty for national purposes, as it is a clear principle of National Law, that private rights may be sacrificed for the public safety; but the Government is bound to make compensation and indemnity to the individuals whose rights are surrendered for the public benefit.

527. Treaties of every kind, when made by the competent authority, are not only to be observed with

the most scrupulous good faith, but are to receive a fair and liberal interpretation; and their meaning is to be ascertained by the same rules of construction which are applied to the interpretation of private

contracts.

528. If a Treaty should be, in fact, violated by one of the contracting parties, by proceedings incompatible with its nature, or by an intentional breach of of any of its articles, it rests with the injured party alone to pronounce it broken.

529. The Treaty in such cases is not absolutely soid, but voidable at the election of the injured party; and unless he choose to consider it void, it remains obligatory, as he may either waive or remit the infraction, or demand a just satisfaction.

530. But the violation of any one article, is a violation of the whole Treaty; for all the articles are dependent on each other, each of them is deemed a condition of the rest; and the breach of a single article overthrows the Treaty, if the injured party so elect.

531. This consequence may, however, be prevented by an express provision in the Treaty itself, that if one article be broken, the others shall nevertheless continue in full force; and in such a case it would not be competent for Congress to annul the Treaty on the ground of the breach of a single article.

532. The annulling of a Treaty by an Act of the Legislative Power under the circumstances in which such a measure is justifiable, or its termination by war, does not divest rights of property acquired under it; nor do Treaties in general become ipso facto extinguished by war between the parties: those