TREATY (OF. traite, traicte, Fr. traite, It. trattato, treaty, from ML. tractatas, treaty, agreement, from Lat. fracture, to treat, manage, frequentative of trahere, to draw, drag). A compact o• agreement entered into between the governments o• sovereigns of two or more States. A treaty is somewhat analogous to a contract in private law, the main differences being in the origin, purpose, and manner of enforcement. Thus a treaty is concluded with more formality than a private contract, its purposes are usually of a public character, while its enforcement rests chiefly upon the good faith of the contracting parties. The right of entering into treaty rela tions is one of the essential attributes of sov ereignty, and is therefore not usually per mitted to so-called dependent States except un der certain restrictions, nor to the component members of States having the federal system of government. So-called dependent States frequent ly retain the right of making commercial and extradition treaties, postal and customs conven tions, and sometimes treaties of alliance and of naturalization. Component members of con federate States usually retain a considerable de gree of treaty-making power, as, for example, the members of the German Fund of 1 S 1 5-6G or the States of Argentina (q.v.). Under the present German Empire the individual States en joy the power to make treaties only with their immediate foreign neighbors, and only concerning postal and telegraph communication across the boundary between them. The Commonwealths of the United States are expressly forbidden to enter into treaty relations with foreign States or to make agreements among themselves except with the consent of Congress. The treaty-making power of a country is determined by its Constitution. In the United States it is vested in the President, acting by and with the advice and consent of the Senate, two-thirds of the members concurring. The President exercises this power through the Department of State o• through special plenipo tentiaries appointed for the purpose. In mo narchical countries the treaty-making power is usually a prerogative of the Crown, hut an in direct influence is frequently exercised by the legislature, especially when an appropriation of money is necessary to carry into effect the stipu lations of the treaty. In the German Empire
treaties which relate to any subject already regu lated by Imperial law require the approval of the legislature. In the French Republic the Presi dent is empowered to negotiate treaties; but if the treaty is one of peace o• commerce, or involves the finances or the territory of the State, or re lates to the personal or property rights of Frenchmen in foreign States, the approval of the two Chambers is necessary. With the few excep tions of this kind, the negotiations and ratifica tion of treaties in the European States are in the same hands, but they are distinct and sep arate steps, and ratification may be withheld after the treaty has been negotiated. where formal ratification is essential to the validity of a treaty.
In the United States, where the negotiating and ratifying authorities are in different hands, the question of ratification assumes a double impor tance, for it by no means follows that ratification is a matter of course. In several notable in stances treaties negotiated by the President have been rejected by the Senate. Foreign govern ments, therefore, negotiating with the President of the United States are presumed to know that negotiation is only the initial stage in the pro cedure. The Senate has, moreover, claimed the right, and has exercised it in several instances, of ratifying only a part of a treaty instead of sending it back as a whole for revision. An im portant question has arisen in the United States as to whether Congress is bound to enact the necessary legislation to carry into effect the stipulations of a treaty negotiated by the Presi dent and duly ratified by the Senate. This ques tion first arose in 179-t in connection with the unpopular Jay Treaty which called for an appro priation of money to carry it into effect. The House of Representatives was at first inclined to refuse its concurrence, and only gave in after a sharp struggle, and then by a very close vote. It is impossible to say even now that the question has been decided one way or another. The rule now is to lay reciprocity treaties before Congress for its approval and for the enactment of the neces sary legislation to carry them into effect. This practice has been followed in the case of reci procity treaties with Mexico, Canada, and Cuba.