The
question was, whether we had the right to violate a treaty solemnly
entered into with another country? On this subject the court said (Page
600):
The effect of legislation upon conflicting treaty stipulations
was elaborately considered in THE HEAD MONEY CASES, and it was
there adjudged: "that so far as a treaty made by the United
States with any foreign nation can become the subject of
judicial cognizance in the courts of this country, it is
subject to such acts as Congress may pass for its enforcement,
modification, or repeal," 112 U.S. 580, 599. This doctrine was
affirmed and followed in WHITNEY v. ROBERTSON, 124 U.S. 190,
195. It will not be presumed that the legislative department
of the Government will lightly pass laws which are in conflict
with the treaties of the country; _but that circumstances may
arise which would not only justify the Government in
disregarding their stipulations, but demand in the interests
of the country that it should do so, there can be no question.
Unexpected events may call for a change in the policy of the
country.
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