Treaties. — A  treaty  is  an  agreement  or  contract  between
two  nations.  In  Great  Britain  the  power  to  make  treaties  is
in  the  Crown.  In  a  republic  the  people  may  place  it  where
they  choose.  The  wisdom  of  giving  it  to  the  President  and
Senate  will  hardly  be  questioned.  To  give  it  to  the  President
alone  would  intrust  to  him  more  power  than  is  consistent  with
the  nature  of  our  government.  It  could  not  well  be  placed  in
Congress  because  of  the  promptness  and  secrecy  often  neces¬
sary.  By  requiring  the  concurrence  of  two  thirds  of  the  Sen¬
ate  with  the  President,  the  Constitution  has  provided  as  ample
a  guaranty  as  could  well  be  required  for  the  maintenance  of
the  rights  and  honor  of  the  country.
The  Treaty  Power  Limited. — While  the  power  to  make  treaties  is  gen¬
eral  and  unrestricted,  it  is  not  to  be  so  construed  as  to  destroy  the  funda¬
mental  laws  of  the  land.  “  A  treaty  to  change  the  organization  of  the  gov¬
ernment,  to  annihilate  its  sovereignty,  to  overturn  its  republican  form,  or
to  deprive  it  of  its  constitutional  powers,  would  be  void ;  because  it  would
destroy  what  it  was  designed  merely  to  fulfill,  the  will  of  the  people.”  ’

Acquisition  of  Territory. — Cases  may  arise  where  a  given  end  may  be
reached  either  by  a  treaty  or  by  ordinary  legislation.  Thus  Congress
»  Story,  §  1508.
2.  n.  2.
