force which it wants?

The doctrine has been avowed that the treaty, though formally
ratified by the executive power of both nations, though published as
a law for our own by the President's proclamation, is still a mere
proposition submitted to this assembly, no way distinguishable, in
point of authority or obligation, from a motion for leave to bring
in a bill, or any other original act of ordinary legislation. This
doctrine, so novel in our country, yet so dear to many, precisely
for the reason that, in the contention for power, victory is always
dear, is obviously repugnant to the very terms as well as the fair
interpretation of our own resolutions (Mr. Blount's). We declare
that the treaty-making power is exclusively vested in the President
and Senate, and not in this House. Need I say that we fly in the
face of that resolution when we pretend that the acts of that power
are not valid until we have concurred in them? It would be
nonsense, or worse, to use the language of the most glaring
contradiction, and to claim a share in a power which we at the same
time disdain as exclusively vested in other departments.

What can be more strange than to say that the compacts of the
President and Senate with foreign nations are treaties, without our
agency, and yet those compacts want all power and obligation, until
they are sanctioned by our concurrence? It is not my design, in this
place, if at all, to go into the discussion of this part of the
subject. I will, at least for the present, take it for granted, that
this monstrous opinion stands in little need of remark, and if it
does, lies almost out of the reach of refutation.

But, say those who hide the absurdity under the cover of ambiguous
phrases, Have we no discretion? And if we have, are we not to make
use of it in judging of the expediency or inexpediency of the
treaty? Our resolution claims that privilege, and we cannot
surrender it without equal inconsistency and breach of duty.

If there be any inconsistency in the case, it lies, not in making
the appropriations for the treaty, but in the resolution itself
(Mr. Blount's). Let us examine it more nearly. 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 tre