Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/377

ent of any other sanction. The parliament, it is true, is sometimes seen employing itself in altering the existing laws, to conform them to the stipulations in a new treaty; and this may have, possibly, given birth to the imagination, that its co-operation was necessary to the obligatory efficacy of the treaty. But this parliamentary interposition proceeds from a different cause; from the necessity of adjusting a most artificial and intricate system of revenue and commercial laws to the changes made in them by the operation of the treaty; and of adapting new provisions and precautions to the new state of things, to keep the machine from running into disorder. In this respect, therefore, there is no comparison between the intended power of the president, and the actual power of the British sovereign. The one can perform alone, what the other can only do with the concurrence of a branch of the legislature. It must be admitted, that, in this instance, the power of the federal executive would exceed that of any state executive. But this arises naturally from the exclusive possession, by the Union, of that part of the sovereign power, which relates to treaties. If the confederacy were to be dissolved, it would become a question, whether the executives of the several states were not solely invested with that delicate and important prerogative.^[1]

§ 1516. Upon the whole it is difficult to perceive, how the treaty-making power could have been better deposited, with a view to its safety and efficiency. Yet it was declaimed against with uncommon energy, as dangerous to the commonwealth, and subversive of

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1. See also the opinion of Iredell J. in Ware v. Hylton, 3 Dall. 272 to 276.

vol. iii.47