WRIGHT— POWER TO MAKE AGREEMENTS. 343 



rejected, after Senate alterat'on, a boundary settlement treaty in 

 1803, a slave trade convention in 1824 and the first Hay-Pauncefote 

 Canal treaty in 1900.°- During exchange of ratifications, however, 

 no new interpretations or reservations may be made. The Presi- 

 dent's representatives exchanged explanations to the Mexican peace 

 treaty of 1848 and Clayton-Bulwer canal treaty with Great Britain 

 of 1850 on exchange of ratifications, but, not having been submitted 

 to the Senate, these explanations were of doubtful validity. Napo- 

 leon reserved on the treaty of 1801. at exchange of ratifications, but 

 President Jefiferson promptly resubmitted the treaty to the Senate 

 which consented to the new reservation. This has been the usual 

 practice. ^^ 



I So. The Proclamation of Treaties. 



After ratifications have been exchanged, the treaty must be pro- 

 claimed to have validity as the law of the land and this act is in 

 the power of the President alone.''* As an international obligation 

 the treaty is binding from exchange of ratifications and such obliga- 

 tion is held to date back to the time of signature.^^ As a law bind- 

 ing individuals, however, the rule is different : ®^ 



" As the individual citizen, on whose rights of property it operates, has 

 no means of knowing anything of it while before the Senate, it would be 

 wrong in principle to hold him bound by it, as the law of the land, until it 

 was ratified and proclaimed. And to construe the law, so as to make the 

 ratification of the treaty relate back to its signing, thereby divesting a 

 title already vested, would be manifestly unjust, and cannot be sanctioned." 



Thus a secret treaty might be internationally binding in the United 

 States but it could not be the supreme law of the land. We must, 

 therefore, regard proclamation as the first step in the execution of 

 a treaty rather than the last step in its making. A treaty which 

 is not self-executing may require legislation in addition to procla- 



92 Moore, Digest, 5: 199-200; Hayden, op. cit., p. 145; supra, sec. 26. 

 S3 Crandall, op. cit., pp. 85-92 ; and supra, sec. 27. 

 9* Crandall, op. cit., pp. 94-95 ; Moore, Digest, 5 : 210. 

 ^^ Haver r. Yaker, 9 Wall. 32, supra, sees. 15, 29. 



^^Ibid. See also Rev. Stat., sec. 210; Comp. Stat, sec. 308, and supra, 

 sec. 15, note 14. 



