s have been paid into
the treasury, the right to them has so far become vested in the United
States that they can only be secured to the former owner of the property
through an act of Congress. Moneys once in the treasury can only be
withdrawn by an appropriation by law."[139]

CONGRESS AND AMNESTY

Congress cannot limit the effects of a Presidential amnesty. Thus the
act of July 12, 1870, making proof of loyalty necessary to recover
property abandoned and sold by the government during the Civil War,
notwithstanding any Executive proclamation, pardon, amnesty, or other
act of condonation or oblivion, was pronounced void. Said Chief Justice
Chase for the majority: "* * * the legislature cannot change the effect
of such a pardon any more than the executive can change a law. Yet this
is attempted by the provision under consideration. The Court is required
to receive special pardons as evidence of guilt and to treat them as
null and void. It is required to disregard pardons granted by
proclamation on condition, though the condition has been fulfilled, and
to deny them their legal effect. This certainly impairs the executive
authority and directs the Court to be instrumental to that end."[140] On
the other hand, Congress may itself, under the necessary and proper
clause, enact amnesty laws remitting penalties incurred under the
national statutes,[141] and may stipulate that witnesses before courts
or other bodies qualified to take testimony shall not be prosecuted by
the National Government for any offenses disclosed by their
testimony.[142]

Clause 2. He shall have Power, by and with the Advice and Consent of the
Senate, to make Treaties, provided two thirds of the Senators present
concur; and he shall nominate, and by and with the Advice and Consent of
the Senate, shall appoint Ambassadors, other public Ministers and
Consuls, Judges of the supreme Court, and all other Officers of the
United States, whose Appointments are not herein otherwise provided for,
and which shall be established by Law: but the Congress may by Law vest
the Appointment of such inferior Officers, as they think proper, in the
President alone, in the Courts of Law, or in the Heads of Departments.

The Treaty-Making Power

PRESIDENT AND SENATE

The plan which the Committee of Detail reported to the Federal
Convention on August 6, 1787 provided that "the Senate of the United
States shall have power to make treaties, and to appoint Ambassado