The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-06-17

strued precisely as IL no such possibilit,
existed; and If the emergency ever occur
that shall force upon the nation submits
sion to anything not contemplated in tn,
ordinary exercise of the treaty-makint
power, the case will then be determined
by the necessity
In considering the extent Of the power
we may assume as unquestionable that il
exists in the United States as fully and
completely as it exists in any other indie.
pendent nation. No portion of it if re.
tanned by the States, and it is not con.
templated that they shall saveraly deal
with foreign countries in diplomatic in.
tercourse. But though no limitations
are laid upon the power in the national
constitution, som, exist in the very ma.
ture of things which the treaty-making
power must be expected under all cir.
cumstances to respect and observe, We
say this having in mind only what we
suppose to be general rule applicable
whenever the extent of the treaty-making
authority of any country comes in cues,
ton; all the conditions under which it
has come into existence are to be CON
sidered; the racial and other peculiari
ties of the people: what the country is
and its situation, the nature of establish
ed institutions, and so on. for all tn &C,
are in mind when the authority is or vat
ed, and in some sense are of its substance
whatever may be the words under which
it is expressed
The constitution of a mountain repub-
lie and that of a saafaring people might
possibly be expressed in the same words,
and yet the stat ,smln and tn, jurist see
plainly in ona not only implied grants of
power but implied limitations upon the
exercise of delegated authority not dis
coverable in the other, b ,cause so natur-
ally springing from the conditions under
which tho instrum ,nts respectively were
establish ed that written expression was
never thought of. Then the treaty-mak-
ing power, whatever be the nature of the
government, If to be exercised by any
subordinate of the sovereign and not by
''in .,pvereign directly. must not set asid :,
or disregard any authoritative express
ion u the sovereign will. and it must not
do acts or enter into negotiations that
tend to undermine or overturn any exist
ing institution of the country or to
! change in any particular the established
| government. This is only repeating in
different form of words that it must not
disregard the will of the sovereign power
however expressed. And applying this
| specially to our own country the treaty
making power must do nothing incon-
sistent with any provision of the consti-
| tuition whetharas it concerns the general
form OF govarnm mt, the psrpatuity of
the Union, or the protection of the rights
either of states or of individuals. It
would be very clear, we suppose, that
by no exercise of the treaty-mlking
power could the President and Senate
deprive one state of its equal representa-
ton with others in the senate, or its citi-
zens of their equal privileges with citi-
zens of Other states. or take away the
constitutional right of trial by jury from
any class Of the people or put in force
what would be equivalent to - Dpt
fucto legislation or establish privleg. I'd
classes either in existing states or in any
new territory that should be brought
within the Union.
When treaty is said to be the supreme
law, it is n averthaless to be und ,rstood
that the Constitution, which is the high
est expression Of sovereign will and tho
authoritative representative of sovereign
power in the nation in fixing limitation
upon the exercise of authority und ,r it
in regard to the subjects above indicated
and many others, Restraints the treaty
! mltlng power qnite rs much as any
other. If it did not, AMI any tralty en-.
tered into in due form was in itself nee as
sarily supreme law a state might posi-
/ bly, by the force of it b, set OF from the
Union to another nation, or the govern
m mt might gradually AMI imp,rc ,ptibly
b, ovartu"n,l through a lin, of prac9-
dents con itituting what at the tim. w,ra
perhaps not seen to b. encroachm ,nts.
mt as air eldy said W. are to take into
account also the country for which tn,
Constitution was formed, in its physical
and other chlracteristics: a country mn |,
mp OF states lying c11tigrorllv, ppm
lated aim 1t exclusively by one European
race, AMI possessing certain territory,
also contiguous, and held as a national
dom lin, in respect to which the Congress
which the Constitution provided for was
to have power to dispose of and make all
needfnl rules and regulations. The
meaning Of this term had already been
indicated by common action to be that
the Congress might from tim. to tim,
provide governm mt for such portions of
the territory Us seemed to have a popula-
ton requiring it, watch govarnm mt
should at length give place to state gov
ernm ent created by thu people them.
selves. undar which they were to bs adj
mitted into the Union as m embers of the
common family and on an equal footing
with the others.
There is no indication in the Constitu-
ton itself or in any of tho actions or dis
crssions which led up to its formltion.
that thu people of thu day contemplated
any other condition of things than
Union COMPOSED of contiguous states
mlia up of people mlinly of one race,
with territory held in common by them
to be governed under Congressional
authority while on its way through in
creasing population to thu formation OF
other such states and to admission to the
Union on an equal footing with the o"igi-
nal states when the proper maturity had
been reached. This was the general plan
OF the Union and all the terms OF the
Constitution, when applied to it, are
fully satisfied. Anything proposed under
the trnaty-mlking power that if carried
into effect would change this condition
of things: and especially anything that
would make of the nation the ruler of
outlying states or colonies or territory
not acquired with any expectation of be-
ing brought into the Union or not capa-
bic of becoming harmonious members Of
a family of contiguous states constitut-
! ing together one common country, would
seem to be rs much by implication for
hidden as would be anything that directly
antagonized provisions of the Constitu-
ton itself.
1t may be we'll here to direct attention
I l.. a. 4. n. IL IL. L