CHAPTER VI.
TREATIES—EXTRADITION TREATIES.
1. A treaty is a written contract, entered into by two nations, on some question of interest or intercourse between them. It is precisely of the nature of a contract between two persons when they bind themselves to do, or not to do, certain things specified in the contract. That would be a treaty between individuals. Treaties between nations are only different in the solemn and formal manner of arranging and confirming these agreements.
2. Treaties have often been of great service to the world, both in ancient and modern times. By these negotiations, wars have been prevented, friendly relations maintained, and commercial intercourse kept up, advantageously to both parties. Treaties may be negotiated by any persons properly authorized by their governments to do so; and any government may authorize such persons as they see fit, to perform these important acts. In many cases the ordinary ministers who represent their governments to other governments, negotiate ordinary treaties. But in cases where something of an extraordinary character is to be arranged, special ministers or commissioners are sent for this express purpose. This was the case at the treaty of Ghent (so called from the name of the place where the commissioners met to arrange it), in 1814; by which a peace was brought about between England and the United States, after the last war between those powers. Special ministers, or commissioners, as they were denominated, were appointed and sent for this very purpose. A treaty of peace was agreed upon by the commissioners of the respective countries, and hostilities ceased as soon as the news reached the United States.
3. In some cases our government has authorized its commanding generals to make a treaty with the hostile nation. It has also given the same power to the commanders of our national vessels; and also, in a few cases, to our consuls, in countries at a great distance from home, such as China, Japan, Siam, and Turkey.
The persons authorized to negotiate a treaty, rarely act without instructions from their government, as to the times and conditions of the proposed treaty. Much, however, must be left to the sound judgment and discretion of the negotiators as to the details.
4. It must be borne in mind that a treaty, although mutually agreed upon by the agents of the nations concerned, is not binding upon either party until properly ratified according to the forms of the respective governments interested. The modes of ratification differ in different governments. In ours the Constitution confers this power upon the President, by and with the advice and consent of two-thirds of the Senate.
In absolute monarchies this power rests in the hands of the King or Emperor alone. As before stated, every government may confer the power to negotiate a treaty upon such agents as it pleases. It also has the power to prescribe such modes of ratifying or confirming it, as it pleases.
5. But when once made and approved, it becomes binding not only upon the respective governments that made it, but upon all the citizens and subjects of that government. It has been held in this country by our greatest lawyers and statesmen, that the provisions of a treaty bind Congress, the President, and every citizen as much as any Constitutional provision or act of Congress. And for this reason our treaties are published in the papers in every State and Territory in the Union, in the same manner, and to the same extent, as the laws of Congress.