WRIGHT— POSITION OF FOREIGN RELATIONS 125 



stitution. It has apparently acquired a certain foundation in in- 

 ternational law through recognition by foreign nations. Thus 

 foreign nations have habitually presented their claims to the Pres- 

 ident through the Department of State. 



"All foreign powers recognize it (the Department of State)," wrote 

 Secretary of State Seward, " and transmit their communications to it, 

 through the dispatches of our ministers abroad, or their own diplomatic 

 representatives residing near this Government. These communications are 

 submitted to the President, and, when proper, are replied to under his direc- 

 tion by the Secretary of State. This mutual correspondence is recorded and 

 preserved in the archives of this Department. This is, I believe, the same 

 system which prevails in the governments of civilized states everywhere." -° 

 The only exception to this rule appears to be in matters of a 

 private law nature litigated before the courts."*' In matters of in- 

 ternational law foreign nations have sometimes been willing to 

 permit trial of the issue in the courts first, ^^ but they have always 

 reserved the right to carry the case before the President (through 

 the Department of State) later, if they think the decision unjust.^® 

 In important matters foreign governments have refused to follow 

 a suggestion for settlement in the courts.-® They have been equally 



(Corwin, The President's Control of Foreign Relations, p. 33.) See also 

 Wright. Columbia Law Rev., 20: 131. 



25 Mr. Seward, Secretary of State, to Mr. Dayton, Minister to France, 

 June 27, 1862, Moore, Digest, 4: 781. See also Borchard, op. cif., p. 355. 

 Congressional Committees may not hear such claims, supra, note 22. " The 

 Department of State has explained that claims against the Government can 

 be presented only in one of two ways: (i) Either by the claimant's availing 

 himself directly of such judicial or administrative remedy as the domestic 

 law might prescribe; or (2) in the absence of such remedy, if the claimant 

 was an alien, by his government ' formally presenting the claim as an 

 international demand to be adjusted through the diplomatic channel.' " 

 (Acting Secretary of State Davis to Baron de Fava, Italian Minister, July 

 9, 1884. Moore, 6: 608.) 



2" Foreign states are entitled to bring suit in United States courts, state 

 or federal (Mexico v. Arrangoiz, 11 How. Prac. i, N. Y. 1855; King of 

 Prussia v. Kupper, 22 Mo. 550, 1856; King of Spain v. Oliver, i Peter's 

 C. C. 217, 276, 1810; The Sapphire, 11 Wall. 164, 1870), and the United States 

 Court of Claims has a limited jurisdiction of claims against the government. 

 (Borchard, op. cit., 164.) See also Westlake, op. at., i : 250. 



27 Supra, note 6. 



28 Supra, note 13. 



29 See suggestions for judicial settlement of the California-Japanese 

 School and Land Ov.mership questions. (Corwin, op. cit., p. 108; H. M. 

 Dilla. Mich. L. R., 12: 583.) In a note of March 16, 1916, with reference 

 to the Appam, a British vessel captured by Germany and brought to a 



