Shall the Territories Be Africanized Speech of Hon James Harlan of Iowa
Shall the Territories Be Africanized Speech of Hon James Harlan of Iowa
Harlan, James, 1820-1899
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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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