158 WRIGHT— CONCLUSIVENESS OF THE ACTS 



modifications of the general law of nations with respect to the 

 parties, and are only valid when expressly accepted through ratifi- 

 cation by the proper constitutional process. But when consent 

 has been given whether tacitly or expressly, foreign nations can 

 hold the United States bound for the future. 



34. Decisions by the President. 



We have noticed that international law requires that every 

 independent government maintain a representative organ able to dis- 

 cuss with and give satisfaction to foreign nations for demands 

 based on international law and treaty.^^ We have seen that foreign 

 nations have recognized the President acting through the Depart- 

 ment of State as the representative organ of the United States.®** 

 It follows that, with respect to the meeting of international respon- 

 sibilities, foreign nations are entitled to accept the President's 

 opinion as the authoritative voice of the United States. Thus if the 

 President admits that international law or treaty requires the pay- 

 there is or not a national common law in other respects, this iink'crsal 

 common laiv can never cease to be the rule of executive and judicial proceed- 

 ings until mankind shall return to the savage state." The Supreme Court 

 said in Ware v. Hylton, through Wilson, J. : " When the United States de- 

 clared their independence, they were bound to receive the law of nations in 

 its modern state of purity and refinement." (3 Dall. 199, 281, 1796.) So 

 also Secretary of State Webster: "Every nation, on being received, at her 

 own request, into the circle of civilized governments, must understand that 

 she not only attains rights of sovereignty and the dignity of national char- 

 acter, but that she binds herself also to the strict and faithful observance of 

 all those principles, laws and usages which have obtained currency among 

 civilized states and which have for their object the mitigation of the 

 miseries of war." (Letter to Mr. Thompson, INIinister to Mexico, April 15, 

 1842, Moore, Digest, i : 5.) Willoughby calls attention to the evidence that 

 the United States actually has accepted general international law : " The 

 federal constitution provides that Congress shall have the power to define 

 and punish offenses against the law of nations, and to make rules concern- 

 ing captures on land and water. Furthermore, it is declared that treaties 

 made under the authority of the United States shall be the supreme law of 

 the land. The effect of these clauses which recognize the existence of a 

 body of international laws and the granting to Congress of the power to 

 punish offenses against them, the courts have repeatedly held is to adopt these 

 laws into our municipal law en bloc except where Congress or the treaty- 

 making power has expressly changed them." (Op. cit., p. 1018.) 



^^ Supra, sec. 11. 



6^ Supra, sec. 12. 



