Sec.3.  The president has “power, by and with the advice and consent of the senate, to make treaties, to appoint embassadors, other public ministers and consuls, judges of the supreme court,” and other officers, “provided two-thirds of the senators concur.”  A treaty is an agreement or contract between two or more nations, for regulating trade, or for restoring or preserving peace.  This power ought therefore to be in the national government.  In monarchical governments it belongs to the king.  To confide so important a trust to the president alone, would be imprudent.  To associate the house of representatives with the president and senate, as in making laws, would render it impossible to act with the decision, secrecy, and dispatch, which are sometimes necessary in making treaties.

Sec.4.  As the treaty-making power appears to be in its nature neither wholly executive nor wholly legislative, but to partake of the nature of both, a part of the legislature is properly associated with the president.  As the senate, being less numerous than the house, is capable of acting more promptly as well as more easily convened and at less expense, that body is more properly united with the executive in the exercise of this power.  And it is equally proper that the power to appoint embassadors and others by whom treaties are negotiated, should be placed in the same hands.

Sec.5.  Treaties are negotiated; that is, the provisions or terms are arranged and agreed upon, by the agents of the two governments; and a copy of the articles of agreement is sent to each government to be approved and confirmed, or, as it is usually expressed, to be ratified.  Both governments must ratify, or the treaty fails.  Treaties are ratified, on the part of our government, by the president and senate.  This is what is meant by their making treaties.  The persons by whom treaties are negotiated are sometimes appointed by their governments for that special purpose; but the business is perhaps more frequently done by the permanent representatives or ministers of the respective governments.

Sec.6.  Each of the principal civilized nations has some officer at home who acts as agent in negotiating treaties and transacting business with foreign governments, and has also a representative at the seat of each foreign government for this purpose, and for keeping his government, apprised of what is done abroad.  Our government has a minister in Great Britain, one in Russia, one in France, one in Spain, and one in each of the other principal commercial nations; and each of these nations has a minister residing at the city of Washington, the seat of government of the United States.  The officer of our government who corresponds with foreign ministers here, and with our ministers abroad, is the secretary of state.  The negotiation of treaties at home with the ministers of foreign governments residing here, is done by him.