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Updated: June 8, 2025
That economic point was therefore settled, but it was a slower matter to secure control of treaty-making powers. When Galt and Huntington urged this right in 1871 and when Blake and Mackenzie pressed it ten years later, Macdonald opposed such a demand as equivalent to an effort for independence. Yet he himself was compelled to change his conservative attitude.
I believe that as the treaties were drafted it would be the Constitutional duty of the President to have each special agreement submitted for ratification, because the article provided that "the high contracting parties shall conclude such special agreement." The Senate is a part of the treaty-making power, and would be included in the term "high contracting parties."
It was Alexander Hamilton who drafted the treaty-making clause of the Federal Constitution, and it was purposely so framed as to exclude the House from all consideration of treaties.
He maintained, nevertheless, that the settlement of the difficulty, if it had any real foundation, belonged to Congress, the party to the treaty, and not to a State which had surrendered the treaty-making power; and that in common honesty one planter was not relieved from his obligation to pay a London merchant for goods and merchandise received before the war, because other planters had not been paid for the negroes and horses they had lost when the British troops invaded Virginia.
It had been notorious to everybody that one party desired isolation from the British Provinces and another desired the operations of the treaty to be extended. It was, therefore, a question to be discussed in advance of the present entanglement; and, as Canada had no treaty-making power, the responsibility rested with the Government at home.
Many brave knights fell, many men-at-arms and archers; and a deep disrelish for the service began to manifest itself in the English camp. A party of Wexford settlers, however, brought one day to his camp Malachy McMurrogh, uncle to Art, a timid, treaty-making man.
It might be palace without, but it was wigwam within; so that, between the stateliness of his mansion and the squalidness of his furniture, the gallant White Plume presented some such whimsical incongruity as we see in the gala equipments of an Indian chief on a treaty-making embassy at Washington, who has been generously decked out in cocked hat and military coat, in contrast to his breech-clout and leathern legging; being grand officer at top, and ragged Indian at bottom.
But they can not be understood as changing the political relations of the Indians to the States or to the Federal Government. To effect this would have required the operation of quite a different principle and the intervention of a tribunal higher than that of the treaty-making power.
While the Senate was discussing the treaties, it fell into a dispute with the President in regard to its constitutional rights as part of the treaty-making power, and although there was general agreement on the value of the principle of arbitration, yet the Senate insisted upon amending the treaties, whereupon the President refused to refer them back to the other nations.
It was not until the Laurier administration had forced the issue six years later that the request was granted. Positive freedom, a share in the making of treaties affecting Canada, came still more gradually. When in 1870 Galt and Huntington pressed for treaty-making powers, Macdonald opposed, urging the great advantages of British aid in negotiation.
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