United States, and ratified by the Senate in accordance with the Constitution, become the supreme law of the land-and binding upon the States of this Union, and the inhabitants thereof.

§ 130. Other instances of treaty-making power. It is hardly worth while to collate as a part of the text all of the instances in which treaty-making power is vested in the central government or the highest recognized sovereign of the different countries of the world.

In the notes, appended to this and the preceding sections, a number of instances are noted in which the treaty-making power has been lodged, as it is in the United States and in Great Britain, in the Central Government, or in the Crown.1

§ 130.

1 NOTE ON THE TREATY-MAKING POWER AS EXERCISED BY THE SOVEREIGN POWER OF NATIONS OTHER THAN THE UNITED STATES.

The government which does not to some extent exercise jurisdiction over constituent and confederated powers is the exception rather than the rule at the present time-Germany, Belgium, most of the South and Central American Republics, are all confederations, and even China is to some extent a conglomeration of provinces, which claim to have a certain degree of local sovereignty. All of these powers are, however, National as to treaty-making and in their relations with other nations internal subdivisions are ignored.

The constitutions of several foreign powers and states were collected for reference and use of the New York State Constitutional Convention of 1894 under the title of "FOREIGN CONSTITUTIONS" and from that convenient handbook the author has extracted the following provisions relating to the treaty-making power as contained in the existing constitutions of Belgium, Germany, Japan, Mexico, Honduras, Venezuela, and the Argentine Confederation. The treaty-making power as it is exercised by the Crown of Great Britain is the subject of another note. (See pp. 207, et seq, ante.)

BELGIUM.

By the Constitution of Belgium, the King is required to take an oath to observe the Constitution and laws of the Belgian people, and to maintain their national independence and the integrity of their country; the legislative power is vested in the House of Representatives and the Senate, but the treaty-making power is lodged in the King by Art. 68 as follows:

"Art. 68. The King shall command the land and naval forces, declare war, make treaties of peace, of alliance and of commerce. He shall give information in respect to the foregoing matters to the two Houses

The provisions relating to treaties in the Constitution

as soon as the interest and safety of the State permit it, joining therewith the customary communications.

"Treaties of commerce and those which might seriously burden the State, or individually bind the Belgians, shall go into effect only after having received the assent of the houses.

"No cession, no exchange, no addition of territory can take place except by law. In no case shall the secret articles of a treaty be destructive of the published articles."

Belgium is a federal government, the kingdom being divided into numerous provinces, all of which have the right of local government. Compilation of Foreign Constitutions, compiled for the New York State Constitutional Convention, 1894, pp. 33-54; see p. 45.

GERMANY.

The provisions of the Constitution of the German Empire relating to treaty-making are as follows:

“Art. IV (p. 267). The following matters shall be under the supervision and legislative control of the Empire.

"1. Regulations relating to migration within the Empire; matters of domicile and settlement; the right of citizenship; the issuing and examination of passports; surveillance of foreigners; trade and industry, including insurance, so far as these matters are not already provided for by Article 3 of this Constitution (in Bavaria, however, exclusive of matters relating to domicile and settlement), and finally matters relating to colonization and emigration to foreign countries. . .

"Art. 7 (p. 267). The organization of a general system of protection for German trade in foreign countries; of German navigation, and of the German flag on the high seas; likewise the organization of a general consular representation to be maintained by the Empire. .

"Art. 11 (p. 270). To the King of Prussia shall belong the Presidency of the Confederation, and he shall have the title of German Emperor. The Emperor shall represent the Empire among nations, declare war and conclude peace in the name of the same, enter into alliances and other conventions with foreign countries, accredit ambassadors and receive them.

"For a declaration of war in the name of the Empire, the consent of the Federal Council shall be required, except in case of an attack upon the territory of the Confederation or its coasts.

"So far as treaties with foreign countries refer to matters which, according to Article 4, are to be regulated by imperial legislation, the consent of the Federal Council shall be required for their conclusion, and the approval of the Diet shall be necessary to render them valid.

.

“Art. 53 (p. 279). The navy of the Empire is a united one, under the supreme command of the Emperor. The Emperor is charged with its constitution and organization; he shall appoint the officers and officials of the navy, and in his name these and the seamen shall be sworn in.

adopted by the Southern States which attempted to se"The harbor of Kiel and the harbor of the Jade are imperial war harbors.

"The expenditure required for the establishment and maintenance of the navy and the institutions connected therewith, shall be defrayed from the treasury of the Empire.

"All seafaring men of the Empire, including machinists and hands employed in ship-building, are exempt from serving in the army, but are obliged to serve in the imperial navy.

"The distribution of requisitions to supply the ranks of the navy shall be made according to the actual seafaring population, and the number furnished in accordance here with by each State shall be deducted from the number otherwise required for the army.

“Art. 56 (p. 280). The Emperor shall have the supervision of all consular affairs of the German Empire, and he shall appoint consuls, after hearing the committee of the Federal Council on trade and commerce. "No new State consulates are to be established within the jurisdiction of the German consuls. German consuls shall perform the functions of State consuls for the States of the union not represented in their district. All the State consulates now existing shall be abolished as soon as the organization of the German consulates shall be completed in such a manner, that the representation of the separate interests of all the federal states shall be recognized by the Federal Council as satisfactorily secured by the German consulates." Compilation of Foreign Constitutions, compiled for New York Constitutional Convention, 1894, pp. 259-286. See also § 128 and notes thereunder, pp. 220, et seq., ante.

JAPAN.

By Article 13 of the Constitution of the Empire of Japan, the Emperor declares war, makes peace and conducts treaties. Compilation of Foreign Constitutions, compiled for the New York Constitutional Convention, 1894. pp. 309-318; see p. 313.

MEXICO.

Mexico is a federation. The constitution of 1857 defines sovereignty in Title II. as follows:

“Art. 39 (p. 234). The national sovereignty resides essentially and originally in the people. All public power emanates from the people, and is instituted for their benefit. The people have at all times the inalienable right to alter or modify the form of their government.

Art. 40. The Mexican people voluntarily constitute themselves a democratic, federal, representative republic, composed of States free and sovereign in all that concerns their internal government, but united in a federation established according to the principles of this fundamental law.

"Art. 41. The people exercise their sovereignty by means of Federal officers in cases belonging to the Federation, and through those of the States in all that relates to the internal affairs of the States within the limits respectively established by this Federal Constitution, and by the

cede from the Union in 1861 were similar to those in the

special Constitutions of the States, which latter shall in no case contravene the stipulations of the Federal Compact."

Subdivision a of Article 72 B (p. 342) defining the exclusive powers of the Senate includes the right "to approve the treaties and diplomatic Conventions which the Executive may make with foreign powers." Amongst the powers of the President, (Art. 85, sections X. and XI. p. 349) are:

"X. To direct diplomatic negotiations and to make treaties with for. eign powers, submitting them for the ratification of the Federal Congress.

"XI. To receive ministers and other envoys from foreign powers." The powers of the judiciary which are determined by Art. 97, sections VI. and VII. (p. 351) include:

"VI. Civil or criminal cases that may arise under treaties with foreign powers.

"VII. Cases concerning diplomatic agents and consuls." Compilation of Foreign Constitutions compiled for New York Constitutional Convention, 1894, pp. 319-356.

HONDURAS.

In the Constitution of the Republic of Honduras adopted November, 1880, Article 73, a part of the President's duties are defined as follows: "Art. 73 (p. 304). (1) He concludes and signs treaties of peace, of commerce, of navigation, of alliance, of neutrality, and other negotiations necessary for the maintenance and cultivation of good international relations.

"(2) He nominates the diplomatic and consular agents of the Republic, receives the Ministers, and admits the Consuls of foreign nations.

But Congress has the power, as provided in Article 45, (p. 299,) (3) to approve or reject treaties made with foreign powers. Compilation of Foreign Constitutions, compiled for the New York Constitutional Convention, 1894, pp. 287-306.

VENEZUELA.

Venezuela is a federation made up of a number of states each one of which is declared to be free and independent by Article XII. of the Constitution.

The prerogatives of the President are defined by Article 65, (p. 431) subdivision 3, "to receive and welcome public ministers" and subdivi sion 4, "to sign the official letters to the Sovereigns or Presidents of other countries. . ." Article 66, subdivision 5, (p. 431) “to direct negotiations and celebrate all kinds of treaties with other nations, submitting these to the National Legislature;" and there is a special provision in Article 116 (p. 438) that "the national executive will negotiate with the governments of America over treaties of alliance and confederation."

The Constitution of Venezuela is peculiar in that it requires by Article 109 (p. 438) that "in all international treaties of commerce and

Constitution of the United States and are also included in the notes.2

friendship this clause will be inserted, to wit: 'All the disagreements between the contracting parties must be decided without an appeal to war, by the decision of a power or friendly powers.'" Compilation of Foreign Constitutions, compiled for the New York Constitutional Convention, 1894, pp. 409-439.

ARGENTINE REPUBLIC.

The existing Constitution of the Argentine Republic was adopted September 25, 1860.

In its preamble it recites that the representatives in the constituent Congress for the purpose of framing a Constitution made the Constitution for the Argentine Nation; it also recites that the provinces form the Nation; the Federal Government guarantees to protect the Republican form of government and to repel foreign invasion in the provinces.

Many of the provisions of the Constitution of the United States are bodily incorporated into this Constitution.

While every province can have its own Constitution it must be framed upon the basis of a Republican representative system of government and be in harmony with the Federal Constitution.

The provisions in regard to treaties are as follows:

"Art. XXVII (p. 10). The Federal Government shall be bound to strengthen, by means of treaties, consistent with the principles of public law established by this Constitution, the commercial and peaceful relations of the Argentine Nation with foreign countries.

"Art. XXVIII (p. 11). No principle, guaranty, or right recognized in the preceding articles can be altered by the laws which may be enacted to carry it into practice.

“Art. XXXI (p. 11). The present Constitution, the national laws which in pursuance thereof may be enacted by Congress, and the treaties with foreign nations are the supreme law of the nation; and the provincial authorities shall be bound to abide by them, any provision in their own provincial constitution or laws to the contrary notwithstanding. This rule is not applicable to the Province of Buenos Ayres so far as the treaties ratified after the compact of the 11th of November, 1859, are concerned."

"Art. LXVII (p. 18). The National Congress shall have power. (19), To approve or reject the treaties concluded with any foreign nations, and the concordats entered into with the Holy See, and to make rules for the exercise of patronage in church matters in the whole nation."

“Art. LXXXVI. The President of the nation shall have the following powers:

"1 (p. 22). As the chief magistrate of the nation he has in his charge the general administration of all the executive business of the country. "2. He can issue such instructions and make such rules as may be

2 For note 2, see p. 229.