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4766 1 (1904-1905)

handle is hein.usccsset/usconset30552 and id is 1 raw text is: 58TH CONGRESS. SENATE. DoCUMENT 3d Semsion. No. 158. CONSTITUTIONAL M ETIO)s OF MAKING AND RATIFY- ING TREATIES IN CERTAIN FOREIGN COUNTRIES. CONSTITUTIONAL METHODS OF MAKING AND RATIFYING TREATIES IN CERTAIN FOREIGN COUNTRIES, AND ALSO LIST OF ARBITRATION TREATIES AND CONVENTIONS SUBMITTED IT7O AND ACTED UPON BY THE SENATE. FEBRUARY t4, 190.-PresentedI bv Alr. LoDE and ordered to be printed. FEBRUAny 20, 1905.-Ordered reprinted with additions. GREAT BRITAIN. The power to conclude treaties is in Great Britain a prerogative of the Crown exercised on the advice of a responsible minister. (Crandall, p. 151.) FRANCE. In France Article VIII of the constitutional law of Julv 10, 1875, defines the treaty making power of France at the present time. Article VIII of the constitutional law reads: Th President of the mpnhlic negotiates aniI ratifies treaties. 1le communicates then to the Chalmib1rs as soon as t lie interests and sifety of the State permit. Treaties of peace and of ommunerce, treiaties which involv te the finalices of the State, those relating to the persons alin propert V v of 'rench citizens iii foreign iuntries, shall lpme definitive oil after having been voteI biv the It wo Chambers. No (ession, no exchan e , 1 a exation ot te rri tory sliall take place except b)y virtue of a law. The legislative approval, in case it is required. is given inl the form of a law authorizing the President to ratifY tle treaty and cautse it to bvexecuted; it accordinglY precedes the exchagiie of ratifications and regularly follows the signing. As an example of how this law is construed, it appears that tie con- vention with the United States signed at Washington, 'January 1, 1880, providing for the settlement by a i coimilisio n of arbitration of al14iis of American citizens- and of claimts of citizens of F'rance arising( pq of acts conunlllitted against their persoins and property in tle Tnjte d States dttriltg tihe period between April 13' 1S61. and August 20, 100, required the approval of the Cabers, not only as involving the fillances of the State, but also as affectilg tihe persons and property of French citizens ini a foreign country. Under this latter ltead would beoclassed very mitny of the claiis conventions that have beeni con- 'luded. (Crandall, pp. 178 and 1S8.) ITA L Y. Article V of the fundamenital sttute pronittlgated for Sardinia Iarch 4, 1845. and subsequentlY extended to the various parts of the us~esent King-domn providles: To the King alone belong.- the exiiutiv pmer. l1e dclalls war; iakes treaties of peac, alliance, conmorce, and otlier triatics, cmanuiiinicating them S D-58-3- Vol 4--1

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