It is therefore practically true that all such treaties must pass under the judgment of the House as well as under that of the Senate and the President.

Judge McLean of the Supreme Court delivered an opinion which is often referred to as embodying the doctrine upon which the House rests its claim of power.* "A treaty," said the learned Justice, "is the supreme law of the land only when the treaty-making power can carry it into effect.

A treaty which stipulates for the payment of money undertakes to do that _which the treaty-making power cannot do; therefore the treaty is not the supreme law of the land_.

To give it effect the action of Congress is necessary, and in this action the representatives and senators act on their own judgment and responsibility and not on the judgment and responsibility of the treaty-making power.

_A foreign government may be presumed to know that the power of appropriating money belongs to Congress_.