I rest, then, confidently in the conclusion, that a treaty is part of the supreme law of the land, and cannot be set aside, terminated, superseded, disclaimed, repealed, or abrogated, except by the exercise of the highest power known to the Constitution, embodying the collected will of the whole people in a legislative act, under the sanction of the Senate and House of Representatives of the United States in Congress assembled.
The resolution, as modified, was adopted.
On the 7th of April, Mr. Mason, from the Committee on Foreign Relations, reported the following resolution.
“_Resolved_, That the notice which has been given by the President to Denmark, pursuant to the resolution of the Senate of the 3d of March, 1855, to terminate the treaty with that power of the 26th of April in the year 1826, is sufficient to cause such treaty to terminate and be annulled to all intents whatsoever, pursuant to the eleventh article thereof, and that no other or further act of legislation is necessary to put an end to said treaty, as part of the law of the land.”
This was considered May 8th, 1856, when Mr. Sumner spoke as follows.
Mr. President,--As this subject was originally brought before the Senate on my motion, I hope to be indulged while I state briefly what seems to be the true state of the question.
By the usage of most countries, the war-making power, the treaty-making power, and the treaty-abrogating power are all lodged in one and the same body. For instance, in England, the Queen in council declares war, makes treaties, and also abrogates treaties: so also do the other sovereigns of Europe. This is the growth of custom, and has become European constitutional law. But it is otherwise in the United States, where, according to the Constitution, the war-making power is expressly lodged in Congress, while the treaty-making power is expressly lodged in the President, acting with the advice of two thirds of the Senate. Nothing express appears in the Constitution with regard to the treaty-abrogating power. We are left to argument and inference, in order to ascertain whether this great attribute belongs with the war-making power to Congress, or with the treaty-making power to the President and Senate.