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Updated: June 8, 2025
If such a power exist, it must be found, then, in the particular provisions in the Constitution. The question now arising is, in which of these provisions is given the power to admit new States, to be created in territories beyond the limits of the old United States. If it exist anywhere, it is either in the third section of the fourth article of the Constitution, or in the treaty-making power.
It does not include, nor touch the question, which is this: Had Congress, or the treaty-making power, a right to recognise, and, by recognising, to establish, in a territory that had no claim of privilege, on the ground of being part of one of the "Original States," a condition of things that it could not establish directly, because there was no grant in the constitution of power, direct or incidental, to do so and because, to do so, was in downright oppugnancy to the principles of the Constitution itself?
When in 1882 Blake moved in the House of Commons a resolution in favour of direct treaty-making powers, Sir John Macdonald opposed it as meaning separation and independence, ending his speech with the declaration, 'A British subject I was born, a British subject I hope to die. Yet action moved faster than the philosophy of action.
Diplomatic relations, questions of peace and war, the treaty-making power, were not entrusted to the Council, without the knowledge and consent of the States General, which body was to be convoked twice a year by the State Council.
The beaver skin was estimated at a pound and a half, though it sometimes weighed two, in which case an allowance was made. Wampum was used for ornament and in treaty-making, but not as currency. Other furs or Indian commodities, like maple sugar and wild rice, were bought in terms of beaver. As this animal grew scarcer the unit changed to money.
With regard to the English responsibilities in Asiatic Turkey put upon England at the Convention, he called them an "unheard of," and "mad-undertaking," accomplished "in the dark," by the present Ministry. Dealing with the treaty-making power of the country, he claimed that it rested with Parliament in conjunction with the Executive.
The treaty-making clause of the Federal Constitution was adopted in the Constitutional Convention only after a most vigorous fight against it by those who contended that the authority conferred was too great.
While the President by the exercise of the veto power possesses a negative upon legislation, the Senate by virtue of the provision quoted has an equally effective negative upon executive appointments to important office. To the President is confided primarily the treaty-making power. Treaties are the law of the land, and their observance in spirit as well as letter touches the national honor.
That either the treaty-making power must be limited in its operations, so as not to touch objects committed by the constitution to Congress, or the assent and co-operation of the house of representatives must be required to give validity to any compact, so far as it might comprehend those objects.
Then there was the case of Pie-a-Pot, who from the earliest days of treaty-making was crochety and rather defiantly opposed to the incoming of anything or anybody that would interfere with his nomadic habits and general inclination to please himself.
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