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These articles appear to contain provisions quite objectionable, if, indeed, they can be considered as properly embraced in the treaty-making power.
Even granting that territory could be acquired, there was the further question whether the treaty-making power was competent irrespective of the House of Representatives. And what, pray, was meant by incorporating this new province in the Union? Was Louisiana to be admitted into the Union as a State by President and Senate? Or was it to be governed as a dependency?
He is still the party chanticleer. The political power of the House, however, cannot be calculated without admitting to the equation the Senate, the third official unit, and, indeed, the most powerful factor in the national hierarchy. The Senate shares equally with the House the responsibility of lawmaking, and shares with the President the responsibility of appointments and of treaty-making.
Perhaps the most interesting episode in Lord Selkirk's visit was his treaty-making with the Indians. The plan of securing a strip of land on each side of the river was said to have been decided to be as much as could be seen by looking under the belly of a horse out upon the prairie. This was about two miles. Hence the river lots were generally about two miles long.
Although this matter, in the stage referred to, concerns only the concurrent treaty-making power of one branch of Congress, I advert to it in view of the interest repeatedly and conspicuously shown by you in your legislative capacity in favor of a speedy and equitable adjustment of the questions growing out of the discredited judgments of the previous mixed commission of Caracas.
"Sing me no song of the ritual," Kenkenes broke in impatiently. "The ritual offends mine ears my sight, my sense. We have quarreled beyond any treaty-making ever." The other looked at him with amazement and much consternation. "Art thou mad?" he exclaimed. "Nay, but I am rebellious as rebellious as the Israelite, for I have already shaken my fist in the face of the sculptor's canons.
They became more than ever determined to defeat a President whom they charged with attempting to disregard and nullify the right of the Senate to exercise independently its constitutional share in the treaty-making power.
I then proceeded to a minute examination into the history of the treaty-making provision in the Constitution, tracing it through the Constitutional Convention, and giving the views of the framers of the Constitution as to its scope and effect.
The request was refused by the President, on the ground that the treaty-making power was, by the Constitution, confided to the President and Senate.
Allen of Nebraska on May 19, which would have extended the privilege of the floor to them, was laid on the table, a decision the wisdom of which is unquestionable. The Senate stands before the world as an important part of the treaty-making power of the United States.
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