Page:Review of the Proclamation of President Jackson.djvu/100

 of mere right comes naked before us, and so presented must have a direct answer.

As to the general answer to this question, I had supposed, until recently, that no man could doubt. But as opinions upon this subject very different from mine, have been uttered of late, and form many and high authorities too, although my former confidence in my own opinions is no degree shaken, yet I feel compelled while reasserting them, to endeavor to establish them by arguments, which, but a few weeks since, I should have thought as unnecessary as the attempt to prove any axiomatic truth,—in the case of mere individuals, if a contract is made between them, wherein the performance of one party, is the consideration for the performance of the other. No lawyer, no man, can doubt, that if one of the parties does not comply with such a contract, he has no shadow of right ot ask or to expect the observance of it by the other party. The failure to comply by either, leaves to the other party, the privilege of avoiding and vacating the Contract altogether, or of tendering performance on his part, claiming a compliance from the other party, and if that is then refused, of demanding compensation for any injury sustained by a breach of the agreement.

So too in the case of Nations absolutely independent of each other, if a contract be entered into by them, the failure to comply with any of the provisions of the contract, on the part of either of the high contracting parties, leaves the other at liberty, to vacate and annul the whole contract as to itself; or while affirming a readiness on its part to continue its observance of the obligations, to require of the other part a like compliance.

In illustration of this doctrine, I need but refer to our own practice and to our avowed principles. The act of July 7th, 1798, declared "That the United States are of right freed and exonerated from the stipulations of the20 Treaties, and of the consular convention, heretofore concluded between the United States and France: and that the same shall not henceforth be regarded as legally obligatory upon the government or citizens of the United States." The reason assigned for this declaration, in the preamble of the act itself, is that "these Treaties have been repeatedly violated on the part of the French government."