Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-07-10
WASHINGTON, ID. c..
MONDAY, JULY 10, 1884:
THE TREATY-MAKrNa POWER.

Since the appearance Of the speech Of Mr.
Smith in the Era Of last Saturday we have
read it, but, we are constrained to say, without
much satisfaction. Such is our personal regard
for its author, that we never differ from him
but with regret: our duty, however, as pub
lie journalist, must be done.
He takes tho broad ground that Treaty.
made by the President, ratified by the Senate,
and agreed to by the legitimate authorities Of
the nation which is the other party to it be-
comes, by the admission Of the Constitution
ITSELF the supreme law Of the land, binding
upon our nation, and capable Of being enforced
against our nation" no matter what the ma
ture of the Treaty, or whether it requires, or
not appropriations to carry it into effect. A
Treaty, made, ratified, and agreed to, in the
manner specified, STIMULATING five hundred mil
lions for the purchase Of Cuba, or a hundred
millions for the purchase of two or three States
Of Mexico, or hundred millions for a colony in
Brazil, on the river Amazon, would be binding
upon this nation the supreme law of the
land "--as would Treaty for the sale or alien
alton Of Oregon, or the exchange with Mexico
of Utah for one OF her cotton or rice-growing
States on the Gulf No matter what enormity
Treaty may embrace, it is still "thc supreme
law and there is no way to avoid whatever
wrong or ruin it may involve, but by breaking
it-by standing up and assuming boldly oil
the responsibilities Of a Law-B Breaker. @All,n
says Mr.. Smith, " that we have to do with the
Treaty is, either TO obey it's call upon US to vote
money to Mexico, or to disobey tho call and to
incur the great and fearful responsibility Of
treaty brcakers-of law-brsskcrs.n
We enter our protest against this doctrine
Of Mr.. Smith concerning the Treaty making
Power. II assumes that il is unlimited n
this be true, our Government is a Despotism,
not q Representative Democracy This Trea-
ty-making Power may involve the country in
inextricable debt involve IL in war, entanglc it
in alliances for anti-rcpnblican purposes, alien
ate any portion Of our Territory and raise
revenue by selling any portion OF tho public
property. There is no evil il may not do; there
Is no power in the People or their Representa-
tivcs, short Of revolution, that can arrest the
widest abuses
We deny that Treaty, made, ratified, and
agreed to, as specified, becomes by the odnis-
SION Of the Constitution, the supreme Law Of
the land" This is not constitutional doctrine
No Treaty can become the supreme Law Of the
land, or law at ALL unless it be IN harmony NTH
The provisions Of the Constitution, md within
the scope Of the po1oers IL eonfers. Both
Houses OF Congress and the President together
have no right to pass an unconstitutional aet,
and the Supreme Court may pronounce such
an act null and void Can the President and
Senate do, what Congress and tho President
cannot dot Does not the Constitution limit
executive AZ we'll "a legislative action
The power to mako Treaties is conferred in
clause I'd, section I'd, article Sd, Of the Consti.
tuition, M follows:
ale shall have power, by and with the adj
vico and consent OF the Senate, to mako trca-
ties, provided two thirds Of the Senators pres
ent concur
This is the troaty.makiug power. What
are the restraints upon it Article 9Th, clause
I'd, Of the Consultation, provides MS follows:
Tho Constitution and the laws Of tho Uni
ted States which shall DO made IN pursuance
thereof and all treaties made, or which shall
he made, under The authority Of The United
States, shall DO the supreme law Of the land"
The only United States known 70 the
world, constitute the Federal Union organized