124 WRIGHT— POSITION OF FOREIGN RELATIONS 



tions to Congress-^ and to foreign nations.^^ The President's posi- 

 tion as the exclusive organ for communication with foreign nations 

 is a well-estabHshed implication from the powers expressly delegated 

 to him by the constitution to receive and to commission diplomatic 

 officers.^'* But this position is not founded merely on the con- 

 Government in which most questions of an international character may be 

 considered — that which has charge of foreign affairs : that Congress cannot 

 safely and by piecemeal surrender the advantage which may result from 

 diplomatic arrangements ; that this has been the general policy of the 

 Government, and Congress has not generally entertained the claims of 

 aliens and certainly should not unless on the request of the Secretary of 

 State (See Report No. 498, Committee on War Claims, ist Sess., 43d Cong., 

 May 2, 1874)," Moore, Digest, 6: 608; Senate Report, supra, note 18. 

 Apparently attempts to negotiate with foreign governments except under 

 authority of the President is a criminal offense under the Logan Act, Jan. 

 30, 1799, Rev. Stat., sec. 5335, Criminal Code of 1909, Art. 5, Moore, Digest, 

 4: 449. See also infra, sec. 17. 



22 " The Constitution of the United States, following the established 

 usage of nations, has indicated the President as the agent to represent 

 the national sovereignty in it's intercourse with foreign powers, and to 

 receive all official communications from them, . . . making him, in the 

 language of one of the most eminent writers on constitutional law, ' the 

 constitutional organ of communication with foreign states.'" (President 

 Grant, Message vetoing two joint resolutions in response to congratulations 

 of foreign states on the occasion of the Centennial exposition, Richardson, 

 op. cit., 7: 431.) 



23 '" But,' said he (Citizen Genet), 'at least. Congress are bound to see 

 that the treaties are observed.' I told him no ; there were very few cases 

 indeed arising out of treaties, which they could take notice of; that' the 

 President is to see that treaties are observed. ' If he decides against the 

 treaty, to whom is a nation to appeal?' I fold him the Constitution had 

 made the President the last appeal. He made me a bow, and said, that 

 indeed he would not make me his compliments on such a Constitution, ex- 

 pressed the utmost' astonishment at it, and seemed never before to have had 

 such an idea." (Sec. of State Jefferson, Moore, Digest, 4: 680.) "I do 

 not refer to this for the purpose of calling the attention of the Imperial 

 German Government at this time t'o the surprising irregularity of a com- 

 munication from the Imperial German Embassy at Washington addressed 

 to the people of the United States through the newspapers, but only, etc." 

 (Secretary of State Bryan to Mr. Gerard, American Ambassador at Berlin, 

 May 13, 1915, White Book, European War No. i, p. 76.) See also infra, 

 sec. 13. 



2* " The President is the organ of diplomatic intercourse of the Gov- 

 ernment of the United States, first, because of his powers in connection with 

 the reception and dispatch of diplomatic agent's and with treaty making; 

 secondly, because of the tradition of executive power adherent to his office." 



