whatsoever of wisdom, of
experience, and of foresight, united America possessed.
To a just understanding of this instrument, it will be essential to
recur to the object of its adoption; in this there can be no
difference of opinion. The old band of union had been literally
dissolved in its own imbecility; to remedy this serious evil, an
increase of the powers of the general government was indispensable.
To draw the line of demarcation between the powers thus granted to
the general government, and those retained by the States, was the
primary and predominating object. In conformity with this view, we
find a general enumeration of the powers assigned the former, of
which Congress is made the depository; which powers, although
granted to Congress in the first instance, are, in the same
instrument, subsequently distributed among the other branches of the
government. Various examples might be adduced in support of this
position. The following for the present will suffice: Article i., section
i, of the constitution declares, that "all legislative powers herein
granted shall be vested in a Congress of the United States, which
shall consist of a Senate and House of Representatives." Yet we
find, by the seventh section of the same article, the President
invested with a large share of legislative power, and, in fact,
constituting an integral branch of the legislature; in addition to
this, I will here barely add, that the grant of the very power to
regulate the exercise of which gave birth to this bill, furnishes,
by the admission of the friends of the bill, another evidence of the
truth of this position, as I shall show hereafter; and, therefore,
to comprehend the true meaning of the constitution, an isolated view
of a particular clause or section will involve you in error, while a
comprehensive one, both of its spirit and letter, will conduct you
to a just result; when apparent collisions will be removed, and
vigor and effect will be given to every part of the instrument.
With this principle as our guide, I come directly to that part of
the constitution which recognizes the treaty-making power. In the
second clause, second section, second article, are the following
plain and emphatic words: "He [the President] shall have power, by
and with the advice and consent of the Senate, to make treaties,
provided two-thirds of the Senators present concur." Two
considerations here irresistibly present themselves--first, there
i
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