Page:United States Statutes at Large Volume 8.djvu/14

 gg TREATIES. two-thirds of the Senators present concur; he shall nominate, and by and with the advice and consent of the Senate, 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 may be established by law." Vol. 1.. 17. Article 6. "This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding}' Vol. 1. 19. cases imcrnsp in Tun cormrs or- Tim urtrmnn s·i·.u·ss,As T0 run 0m.ro.u·ror·r Ann cousrnuction on rnnnims. The obli ation of a treat, the su reme law of the land, must be ad- . g. Y P. . mitted. The execution of the contract between the two nations is to be demanded from the executive of each nation; but where a treaty affects the rights of parties litigating in court the treaty as much binds those rights, and is as much regarded by the, Supreme Court as an act of Con ress. United States v. The Schooner Pe, 1 Cranoh, 103; on. ep. . . 1 C dgR 256 ggy The termination of a treaty, by war, does not divest rights of property already vested under it. Society for the Propagation of the Gospel v. The Town of New Haven, 8 Wheat. 464; 5 Cond. Rep. 489. Nor do treaties, in general, become extinguished, ipso facto, by war petween thp tyvtz goyernprentpl. Those stipulptingh for a permanent rrangemen 0 erri orra an o ier nationa rig ts are at most suspended during the war, and revive at the peace, iunless they are Zjized by the partres, or new and repugnant stipulations are made. z. Where a treaty is the law of the land, and as such affects the rights of parties }litigating in Sourt, that treaty as much binds those rights, and is as muc to be regar ed by the court, as an act of Congress. To condemn a vessel, therefore, the restoration of which is directed by the law of the land, though restoration be an executixe act, would be a $1273L“¥‘E$"é'Lt‘L*Q.$l$?°pL§"’ “’idt;?~l Z2`”Ftl$’&“f?¤”"l"rl’°'° ¤$£""“ . _ gy, .n_, ; on. ep. . I A treaty, under the sixth article, section 2, of the Constitution, being tre supreme law of the land,·the treaty of peace of 1783 operated as a repeal 0% all statpilpws previously enacted, inconsistent with its provisions. are v. y ton, 3 Dall. 199; 1 Cond. Rep. 99. Whenever a right grows out of, or is protected by, a treaty, it prevarls against all laws,·or decisions of the courts of the states, and whoever mayhave the right under the treaty, is protected. Ilut, if the person s title is-not affected by the treaty, 1f l1e claims nothing under the treaty, his title cannot be protected by it. Ibid. The stipulation in a treaty, that ‘j tree ships shall make free goods," does npt nnply the converse proposition, that enemy’s ships shall make gpemyigéoods. 'I he Nereide, Bennet, Master, 9 Cranch, 388; 3 Cond. ep. . ll. treaty is, in its nature, a contract between two nations, not a legis- I -. · . ative act. It. does not generally effect oftrtself the object to be accomplrshed, especially so far as its operation is rnfra-territorial ; but is carried into execution by the sovereign power of the respective parties to the mstgiénrept. Ghéostcr etsal. v. Neilson, 2 Peters, 314; United States v. rr on o, e ers, 7‘ 5. `lnrthe United States, a different principle is established. Our Con. stitution declares a treaty to be the law of the land. It is, consequently,