The learned Judge then considered counsel's argument that. the President and the Senate had no power to negotiate a treaty which prescribed offences—that such power belongs exclusively to Congress functioning with both houses. But more than half a century ago our Supreme Court rejected a similar contention, holding that a treaty could lawfully covenant for the issuance of a patent conveying government land without the consent of Congress, "Express power," says the Court, "ig given to the President, by and with the advice of the Senate, to make treaties, provided two thirds of the Senators present concur and, inasmuch as the power is given in general terms, without any deserip-
Text read from the printed page and cleaned; old type leaves the occasional error.