Shall the Territories Be Africanized Speech of Hon James Harlan of Iowa
Shall the Territories Be Africanized Speech of Hon James Harlan of Iowa
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It was void as an act of legislation. Mr. HARLAN. Then if void from the begin- ning as an act of legislation, how could it have been regarded as binding on a subsequent Gov- ernment ?
Mr. PUGH. It was binding as a compact. Mr. HARLAN. Merely as an honorable ar- rangement, not as a legal agreement, and this vitiates the whole speech of the honorable Sen- ator from Ohio, in my estimation.
Mr. PUGH. Will the Senator answer me what other obligation a treaty has than an honorable obligation ? You ca...nnot enforce it by any actiou. Mr. HARLAN. A treaty is usually entered into between two parties, each of whom is capa- ble of making a contract, and each of whom is authorized to make a contract. In this case, according to the admission of the honorable Senator, the parties assuming to make the con- tract had no authoiity. They were the agents of the people of the States, that had exhausted all their power before they reached this act. In the case of a treaty, each nation is competent to make a bargain for itself, and may enforce it.
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To quickly assess the difficulty of the text, read a short excerpt:
It was void as an act of legislation. Mr. HARLAN. Then if void from the begin- ning as an act of legislation, how could it have been regarded as binding on a subsequent Gov- ernment ?
Mr. PUGH. It was binding as a compact. Mr. HARLAN. Merely as an honorable ar- rangement, not as a legal agreement, and this vitiates the whole speech of the honorable Sen- ator from Ohio, in my estimation.
Mr. PUGH. Will the Senator answer me what other obligation a treaty has than an honorable obligation ? You ca...nnot enforce it by any actiou. Mr. HARLAN. A treaty is usually entered into between two parties, each of whom is capa- ble of making a contract, and each of whom is authorized to make a contract. In this case, according to the admission of the honorable Senator, the parties assuming to make the con- tract had no authoiity. They were the agents of the people of the States, that had exhausted all their power before they reached this act. In the case of a treaty, each nation is competent to make a bargain for itself, and may enforce it.
What to read after Shall the Territories Be Africanized Speech of Hon James Harlan of Iowa?
You can find similar books in the "Read Also" column, or choose other free books by Harlan, James, 1820-1899 to read onlineMoreLess
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