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archive, written in every American heart, and sealed with the blood of a host of American martyrs; but is the only lawful tenure by which the United States hold their existence as a nation.

It is a principle incorporated with the above, that governments are established for the national good, and are organs of the national will.

From these two principles results a third, that treaties formed by the government, are treaties of the nation, unless otherwise expressed in the treaties.

Another consequence is, that a nation, by exercising the right of changing the organ of its will, can neither disengage itself from the obligations, nor forfeit the benefits of its treaties. This is a truth of vast importance, and happily rests with sufficient firmness on its own authority. To silence or prevent cavil, I insert, however, the following extracts:

"since then such a treaty (a treaty not personal to the sovereign) directly relates to the body of the state, it subsists though the form of the republic happens to be changed, and though it should be even transformed into a monarchy. . . .for the state and the nation are always the same whatever changes are made in the form of the government. . . .and the treaty concluded with the nation, remains in force as long as the nation exists."

—Vatel, B. II, § 85.^{[s 1]}

"It follows that as a treaty, notwithstanding the change of a democratic government into a monarchy, continues in force with the new king, in like manner; if a monarchy becomes a republic, the treaty made with the king does not expire on that account, unless it was manifestly personal."

—Burlam. part IV. c. IX. § 16, ¶ 6.^{[s 2]}

As a change of government then makes no change in the obligations or rights of the party to a treaty, it is clear that the executive can have no more right to suspend or prevent the operation of a treaty, on account of the change, than to suspend or prevent the operation, where no such change has happened. Nor can it have any more right to suspend the operation of a treaty in

Supplemental notes

1. ↑ Emmer de Vattel (1758). The Law of Nations or the Principles of Natural Law. Book II. Chapter XII – Of Treaties of Alliance, and Other Public Treaties. § 185. (Wikisource contributor note)
2. ↑ Jean-Jacques Burlamaqui (1748). The Principles of Natural and Politic Law. Book II. Part IV. Chapter IX – Of public treaties in general. § 16, ¶ 6. (Wikisource contributor note)