as to them may seem friendly to the public interest.
Thus each department moves in its own proper orbit,
nor do they come in collision with each other.
If they have exercised their respective powers on
the same subject, the last act, whether by the legislature
or the treaty-making power, abrogates a former one.
The legislature of the nation may, if a cause exist
in their judgment sufficient to justify it, abrogate
a treaty, as has been done; so the President and Senate
by a treaty may abrogate a pre-existing law containing
interfering provisions, as has been done heretofore
(without the right being questioned), and as we say
in the very case under consideration. I will
endeavor to make myself understood by examples; Congress
has power, under the clause in question, to lay embargoes,
to pass nonintercourse, or nonimportation, or countervailing
laws, and this power they have frequently exercised.
On the other hand, if the nation against whom one
of those laws is intended to operate is made sensible
of her injustice and tenders reparation, the President
and Senate have power by treaty to restore the amicable
relations between the two nations, and the law directing
otherwise, upon the ratification of the treaty, is
forthwith annulled. Again, if Congress should
be of opinion that the offending nation had not complied
with their engagements, they might by law revoke the
treaty, and place the relation between the two nations
upon such footing as they approved. Where is
the collision here? I see none. This view
of the subject presents an aspect as innocent as that
which is produced when a subsequent law repeals a
former one. By this interpretation you reconcile
one part of the constitution with another, giving to
each a proper effect, a result always desirable, and
in rules of construction claiming a precedence to
all others. Indeed, sir, I do not see how the
power in question could have been otherwise arranged.
The power which has been assigned to Congress was
indispensable; without it we should have been at the
mercy of a foreign government, who, knowing the incompetency
of Congress to act, would have subjected our commerce
to the most injurious regulations, as was actually
the case before the adoption of the constitution,
when it was managed by the States, by whom no regular
system could be established; indeed, we all know this
very subject was among the most prominent of the causes
which produced the constitution. Had this state
of things continued, no nation which could profit
by a contrary course would have treated. On the
other hand, had not a power been given to some branch
of the government to treat, whatever might have been
the friendly dispositions of other powers, or however
desirous to reciprocate beneficial arrangements, they
could not, without a treaty-making power lodged somewhere,
be realized.