POWER UNDER INTERNATIONAL LAW. 131 



dicated the President as the agent to represent the national sover- 

 eignty in its intercourse with foreign powers." ^ 



15. National and State Laws subject to International Cognisance. 



There appears, however, to be an exception to this rule in the 

 cognizance which foreign nations take of state or national laws. 

 In the states, statutes usually become effective upon signature by 

 the governor, or if passed over his veto, upon signature by the 

 Clerk of the last House of the Legislature to act. Sometimes there 

 is provision for official publication, sometimes not, but there is never 

 requirement for formal communication to foreign nations through 

 the President of the United States.^ Yet foreign nations have 

 taken cognizance of such statutes deemed to be in violation of 

 their rights under international law or treaty, as illustrated by 

 Japanese protests at anti-alien legislation in California and other 

 states." The United States has itself recognized that state laws 

 are subject to international cognizance by occasionally concluding 

 treaties, the operation of certain clauses of which is made de- 

 pendent upon state law. Thus article VII of the treaty of 1853 

 with France allowed French citizens to possess land on an equality 

 with citizens " in all states of the Union where existing laws permit 

 it, so long and to the same extent as the said laws shall remain in 

 force." 1^ 



s Richardson, op. cit., 7: 431; supra, sec. 12, infra, sec. 202. 



9 Field V. Clark, 143 U. S. 649 (1892), appended note. Finley and 

 Sanderson, The Am. Executive and Executive Methods, N. Y., 1908, p. 81 ; 

 Reinsch, Am. Legislatures and Legislative Methods, N. Y., 1913, p. 142. 



I*' On controversy as to the rights of Japanese School Children in Cali- 

 fornia, 1906, see E. Root, Am. Jl. of Int. Law, i : 273 and editorials, i : 150, 

 449; Corwin, National Supremacy, 1913, p. 217. On controversy as to 

 Japanese right to hold land, 1913, and since, see Editorial, Am. Jl. Int. Law, 

 8: 571, Moore, Principles of Am. Dip., p. 191, and Corwin, op. cit., p. 232, 

 Am. Year Book, 1917, p. 48. 



11 See also Art. IV of the treaty of 1854 with Great Britain by vi^hich " the 

 Government of the United States further engages to urge upon the state 

 governments to secure to the subjects of Her Britannic Majesty the use of 

 the several state canals on terms of equality with the inhabitants of the 

 Ignited States." By Art. V of the treaty of peace with Great Britain of 1783 

 it is agreed that " Congress shall earnestly recommend it to the legislatures 

 of the respective states, to provide for the restitution of the estates," etc., 

 of the Loyalists. 



PROC. AMER. PHIL. SOC., VOL. LX., J, MARCH 6, l922. 



