The World's Best Orations, Vol. 1 (of 10) eBook

This eBook from the Gutenberg Project consists of approximately 576 pages of information about The World's Best Orations, Vol. 1 (of 10).

The World's Best Orations, Vol. 1 (of 10) eBook

This eBook from the Gutenberg Project consists of approximately 576 pages of information about The World's Best Orations, Vol. 1 (of 10).
as to them may seem friendly to the public interest.  Thus each department moves in its own proper orbit, nor do they come in collision with each other.  If they have exercised their respective powers on the same subject, the last act, whether by the legislature or the treaty-making power, abrogates a former one.  The legislature of the nation may, if a cause exist in their judgment sufficient to justify it, abrogate a treaty, as has been done; so the President and Senate by a treaty may abrogate a pre-existing law containing interfering provisions, as has been done heretofore (without the right being questioned), and as we say in the very case under consideration.  I will endeavor to make myself understood by examples; Congress has power, under the clause in question, to lay embargoes, to pass nonintercourse, or nonimportation, or countervailing laws, and this power they have frequently exercised.  On the other hand, if the nation against whom one of those laws is intended to operate is made sensible of her injustice and tenders reparation, the President and Senate have power by treaty to restore the amicable relations between the two nations, and the law directing otherwise, upon the ratification of the treaty, is forthwith annulled.  Again, if Congress should be of opinion that the offending nation had not complied with their engagements, they might by law revoke the treaty, and place the relation between the two nations upon such footing as they approved.  Where is the collision here?  I see none.  This view of the subject presents an aspect as innocent as that which is produced when a subsequent law repeals a former one.  By this interpretation you reconcile one part of the constitution with another, giving to each a proper effect, a result always desirable, and in rules of construction claiming a precedence to all others.  Indeed, sir, I do not see how the power in question could have been otherwise arranged.  The power which has been assigned to Congress was indispensable; without it we should have been at the mercy of a foreign government, who, knowing the incompetency of Congress to act, would have subjected our commerce to the most injurious regulations, as was actually the case before the adoption of the constitution, when it was managed by the States, by whom no regular system could be established; indeed, we all know this very subject was among the most prominent of the causes which produced the constitution.  Had this state of things continued, no nation which could profit by a contrary course would have treated.  On the other hand, had not a power been given to some branch of the government to treat, whatever might have been the friendly dispositions of other powers, or however desirous to reciprocate beneficial arrangements, they could not, without a treaty-making power lodged somewhere, be realized.

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