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FEDERALIST PAPERS. 291
be made only by men invested with legislative
authority. These gentlemen seem not to consider
that the judgments of our courts, and the commissions
constitutionally given by our Governor, are as valid
and as binding on all persons whom they concern, as
the laws passed by our Legislature. All constitutional acts of power, whether in the executive or in
the judicial department, have as much legal validity
and obligation as if they proceeded from the Legislature ; and therefore, whatever name be given to the
power of making treaties, or however obligatory they
may be when made, certain it is, that the people may,
with much propriety, commit the power to a distinct
body from the Legislature, the Executive, or the
Judicial. It surely does not follow, that because they
have given the power of making laws to the Legislature, that therefore they should likewise give them
power to do every other act of sovereignty by which
the citizens are to be bound and affected.
Others, though content that treaties should be made
in the mode proposed, are averse to their being the
supreme laws of the land. They insist* and profess to
believe, that treaties, like Acts of Assembly, should
be repealable at pleasure. This idea seems to be
new and peculiar to this country; but new errors, as
well as new truths, often appear. These gentlemen
would do well to reflect, that a treaty is only another
name for a bargain ; and that it would be impossible
to find a Nation who would make any bargain with
us, which should be binding on them absolutely, but
on us only so long and so far as we may think proper
| Title | The correspondence and public papers of John Jay - 3 |
| Creator | Jay, John |
| Publisher | G.P. Putnam's Sons |
| Place of Publication | New York, London |
| Date | [1890-93] |
| Language | eng |
| Type | Books/Pamphlets |
| Title | 00000326 |
| Type | Books/Pamphlets |
| Transcript | FEDERALIST PAPERS. 291 be made only by men invested with legislative authority. These gentlemen seem not to consider that the judgments of our courts, and the commissions constitutionally given by our Governor, are as valid and as binding on all persons whom they concern, as the laws passed by our Legislature. All constitutional acts of power, whether in the executive or in the judicial department, have as much legal validity and obligation as if they proceeded from the Legislature ; and therefore, whatever name be given to the power of making treaties, or however obligatory they may be when made, certain it is, that the people may, with much propriety, commit the power to a distinct body from the Legislature, the Executive, or the Judicial. It surely does not follow, that because they have given the power of making laws to the Legislature, that therefore they should likewise give them power to do every other act of sovereignty by which the citizens are to be bound and affected. Others, though content that treaties should be made in the mode proposed, are averse to their being the supreme laws of the land. They insist* and profess to believe, that treaties, like Acts of Assembly, should be repealable at pleasure. This idea seems to be new and peculiar to this country; but new errors, as well as new truths, often appear. These gentlemen would do well to reflect, that a treaty is only another name for a bargain ; and that it would be impossible to find a Nation who would make any bargain with us, which should be binding on them absolutely, but on us only so long and so far as we may think proper |
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