Page:Federalist, Dawson edition, 1863.djvu/594
suffered from the want of secrecy and despatch, that the Constitution would have been inexcusably defective, if no attention had been paid to those objects. Those matters which in negotiations usually require the most secrecy and the most despatch, are those preparatory and auxiliary measures which are not otherwise important in a National view, than as they tend to facilitate the attainment of the objects of the negociation. For these, the President will find no difficulty to provide; and should any circumstance occur, which requires the advice and consent of the Senate, he may at any time convene them. Thus we see, that the Constitution provides that our negotiations for treaties shall have every advantage which can be derived from talents, information, integrity, and deliberate investigations, on the one hand, and from secrecy and despatch, on the other.
But to this plan, as to most others that have ever appeared, objections are contrived and urged.
Some are displeased with it, not on account of any errors or defects in it, but because, as the treaties, when made, are to have the force of laws, they should be made only by men invested with Legislative authority. These gentlemen seem not to consider that the judgments of our courts, and the commissions constitutionally given by our Governor, are as valid and as binding on all persons whom they concern, as the laws passed by our Legislature. All Constitutional acts of power, whether in the Executive or in the Judicial department, have as much legal validity and obligation as if they proceeded from the Legislature; and therefore, whatever name be given to the power of making treaties, or however obligatory they may be when made, certain it is, that the People may, with much propriety, commit the power to a distinct body from the Legislature, the Executive, or the Judicial. It surely does not follow, that because they have given the power of making laws to the Legis-