348 WRIGHT— POWER TO MAKE AGREEMENTS. 



definite and satisfactory. I sent notice of this annulment at once to the 

 Senate, and in this way succeeded in having the Senate substitute a resolu- 

 tion approving my action for the resolution which came over from the 

 House. The House was thus induced to approve my action and the inci- 

 dent was closed for the time." 



The Swiss treaty of 1850 appears to have been denounced by the 

 President alone in 1899.^^- Willoughby approves this method of 

 denunciation, but thinks " in important cases the President would 

 undoubtedly seek senatorial approval before taking action." ^^^ 

 Although the power may seem sustainable by analogy to the Presi- 

 dent's power of removal without consent of the Senate, admitted 

 since the first Congress, even when the appointment require'5 such 

 consent, yet it has seldom been practised and has been often 

 doubted.^^* It would appear that the final act of sending notice is 

 at the President's discretion and when he gives notice the treaty is 

 terminated under international law but he ought not to act without 

 consent either of Congress or of the Senate, except in extraordinary 

 circimistances. 



187. Legislative Abrogation. 



A treaty may be abrogated as " the law of the land " by resolu- 

 tion of Congress or by the passage of conflicting legislation. It is 

 somewhat difficult to locate the constitutional power for such legis- 

 lation when terminating treaties on subjects not within the legis- 

 lative competence of Congress, but it has been sustained in many 

 cases. ^^^ 



" It must be conceded," said the Supreme Court in the Chinese Ex- 

 clusion Case, " that the act of 1888 is in contravention of express stipulations 

 of the treaty of 1868 and of the supplemental treaty of 1880, but it is not on 

 that account invalid or to be restricted in its enforcement. The treaties were 

 of no greater obligation than the act of Congress. By the Constitution, 

 laws made in pursuance thereof and treaties made under the authority of 



^1- Crandall, op. cit., pp. 116-117. 



113 Willoughby, op. cit., p. 518. 



11* See remarks of Senator Walsh, of Mont'., Cong. Rec, Nov. 8, igiQ, 

 58: 8608-8609. 



lis The Chinese Exclusion Case, 130 U. S. 581 ; The Cherokee Tobacco 

 Case, II Wall. 616; The Head Money Cases, 112 U. S. 580; Moore, Digest, 

 5: 356-370. 



