treaty

A treaty signifies 'a compact made between two or more independent nations, with a view to the public welfare.

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A compact made between two or more independent nations with a view to the public welfare. (Quoted in Altman & Co. v. U. S., 224 U. S. 583, 32 Sup. Ct 593, 56 L. Ed. 894.) Treaties are for a perpetuity, or for a limited time. Those matters which are accomplished by a single act and are at once perfected in their execution are called agreements, conventions, and pactions, but the distinction in name Is not always observed. Personal treaties relate exclusively to the persons of the contracting sovereigns, such as family alliances, and treaties guaranteeing the throne to a particular sovereign and his family. As^they relate to the persons, they expire of course on the death of the sovereign or the extinction of his family. With the advent of constitutional government in Europe these treaties have lost their importance. Real treaties relate solely to the subjectmatters of the convention, independently of the persons of the contracting parties, and continue to bind the state, although there may be changes in its constitution or in the persons of its rulers. Boyd’s Wheat. Int Law § 29. On the part of the United States, treaties are made by the president, by and with the advice and consent of the senate, provided two-thirds of the senators present concur. Con£t. art. 2, s. 2, n. 2. No state shall enter into any treaty, alliance, or confederation; Const, art 1, s. 10, n. 1; nor shall any state, without the consent of congress, enter into any agreement A treaty is declared to be the supreme law of the land, and is, therefore, obligatory on courts, whenever it operates of itself without the aid of a legislative provision; U. S. v. Peggy, 1 Cra. (U. S.) 103, 2 L. Ed. 49; Whitney v. Robertson, 124 U. S. 190, 8 Sup. Ct. 456, 31 L. Ed. 386; U. S. v. Rauscher, 119 U. S. 407, 7 Sup. Ct. 234, 30 L. Ed. 425; Maiorano v. R. Co., 213 U. S. 268, 29 Sup. Ct. 424, 53 L. Ed. 792; but when the terms of the stipulation import a contract, and either of the parties engages to perform a particular act, the treaty addresses itself to the political, not to the judicial, department, and the legislature must execute 'the contract before it can become a rule of the court; Foster v. Neilson, 2 Pet. (U. S.) 314, 7 L. Ed. 415. A treaty is a law of the land whenever its provisions prescribe a rule by which the rights of the private citizen or subject may be determined; In re Cooper, 143 U. S. 472, 12 Sup. Ct 453, 36 L. Ed. 232. So an award by arbitrators under a treaty between the United States and another nation, by which the contracting nations agree that the decision of the tribunal of arbitration shall be a final settlement of all questions submitted, becomes the supreme law of the land and is as binding on the courts as an act of congress; Whitelaw v. U. S., 75 Fed. 513, 21 C. C. A. 434, reversing The La Ninfa, 49 Fed. 575. It need hardly be said that a treaty cannot change the constitution or be held valid if it be in violation of that instrument. A treaty may supersede a prior act of congress, and an act of congress may supersede a prior treaty; and this is true both of treaties with Indians and foreign nations; Cherokee Tobacco, 11 Wall. (U. S.) 620, 20 L. Ed. 227; U. S. v. Old Settlers, 148 U. S. 427, 13 Sup. Ct. 650, 37 L. Ed. 509; Fong Yue Ting v. U. S., 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905. A treaty is of like obligation as an act of legislation; both are the supreme law of the land, and no supreme efficacy is given to the one over the other; Whitney v. Robertson, 124 U. S. 190, 8 Sup. Ct. 456, 31 L. Ed. 386. As between a statute and a treaty, if the two are found to conflict, the one last in time must control; Ribas y Hijo v. U. S., 194 U. S. 315, 24 Sup. Ct. 727, 48 L. Ed. 994; Sanchez v. U. S., 216 U. S. 167, 30 Sup. Ct. 361, 54 L. Ed. 432; as far as this country is concerned; U. S. v. Lee Yen Tai, 185 U. S. 221, 22 Sup. Ct. 629, 46 L. Ed. 878. When a treaty is inconsistent with a subsequent act of congress, the latter will prevail; the constitution does not declare that the law established by a treaty shall never be altered or repealed by congress; and while good faith may cause congress to refrain from making any change in such law, if it does so its enactment becomes the law. No other party to the treaty may have ground of complaint, still every one is bound to obey the latest law passed; Rainey v. U. S., 232

In international law. An agreement between two or more independent states. Brande. An agreement, league, or contract betwcen two or more nations or sovereigns, formally signed by commissioners properly authorized, and solemnly ratified by the several sovereigns or the supreme power of each sinte. Webster; Cherokee Nation v. Georgia, 5 Pet. 60, 8 In Ed. 25; Edye v. Robertson, 112 U. S. 580, 5 Sup. Ch 247, 28 L. Ed. 798; Holmes v. Jennison, 14 Pet. 571, 10 L. Ed. 579; U. S. v. Rauscher, 119 U. S. 407, 7 Sup. Ct. 234, 30 L. Ed. 425; Ex parte Ortiz (C. C.) 100 Fed. 962. In private law, "treaty" signifies the discussion of terms which immediately precedes the conclusion of a contract or other transaction. A warranty on the sale of goods, to be valid, must be made during the "treaty" preceding the sale. Chit. Co.nt. 419; Sweet.

— Treaty of peace. A treaty of peace is an agreement or contract made by belligerent powers, in which they agree to lay down their arms, and by which they stipulate the conditions of peace and regulate the manner in which it is to be restored and supported. Vattel, b. 4, c. 2, § 9.

An agreement or compact between nations; a formal written engagement or league between independent powers or tribes. By the general law of nations, a treaty is, in its nature, a contract, not a legislative act. It does not generally effect of itself the object to be accomplished, especially so far as its operation is infraterritorial; but waits to be carried into execution by the sovereign power of the respective parties to the instrument. In the United States, however, a different of the land; and it is, consequently, regarded in courts of justice as equivalent to an act of the legislature, whenever it is of a nature to operate of itself, without the aid of any legislative provision. But when the terms of the stipulation import a contract; when either of the parties engages to perform a particular act; the treaty addresses itself to the political, not the judicial, department, and the legislature must execute the contract before it can become a rule for the court. Foster v. Neilson, 2 Pet. 232, 314.

international law. A treaty is a compact made between two or more independent nations with a view to the public welfare; they are for a perpetuity or for a considerable time. Those matters which are accomplished by a single act, and are at once perfected m their exccution are called agreements, conventions and pactions. On the part of the United States, treaties are made by the president by and with the consent of the senate, provided two-thirds of the senators present concur. Const. art. 2,8. 2, n. 2. No state shall enter into any treaty, alliance or confederation, Const. art. 1, s. 10,n. 1; nor shall any state, without the consent of congress, enter into any agreement or compact with another state, or with, a foreign power. Ib. art. 1, s. 10, n. 2; 3 Story on the Const. § 1395. A treaty is declared to be the supreme law of the land, and is therefore obligatory on courts, 1 Cranch, R. 103, whenever it operates of itself without the aid of a legislative provision; but when the terms of the stipulation import. a contract, and either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the Judicial department, and the legislature must execute the contract before it can become a rule of the court. 2 Pet. S. C. Rep. 314. Vide Story on the Const. Index, h. t.; Serg. Const. Law, Index, h. t.; 4 Hall’s Law Journ. 461; 6 Wheat. 161; 3 Dall. 199; 1 Kent, Com. treaty of peace is an agreement or contract made by belligerent powers, in which they agree to lay dowa their arms, and by which they stipulate the conditions of peace, and regulate the manner in which it 1s to be restored and supported. Vatt. Lib. 4,c.2,§ 9.