166 WRIGHT— CONCLUSIVENESS OF THE ACTS 



but the states have often failed in performing essential acts. Thus 

 Louisiana failed to take sufficient interest in. apprehending those 

 guilty of lynching Italians in the nineties, nor did she take measures 

 adequate to prevent the frequent repetition of these gross violations 

 of the Italian treaty of 1871. In the state of congressional legis- 

 lation the power of the national government to act within the states 

 was not adequate and Italy was so informed but there was no 

 abatement of diplomatic pressure. In fact, Italy at length with- 

 drew her ambassador and the United States was forced to pay the 

 indemnity demanded. ^*^ 



Experience seems to show that it is unwise to assume the exist- 

 ence of such international understandings. Nations are wont to 

 demand the pound of flesh. " To calculate upon real favors from 

 nation to nation," said Washington. '' is an illusion which expe- 

 rience must cure, which a just pride ought to discard." ®^ Such 

 understanding may be well to follow in pressing claims against 

 'Others but to expect that others will observe them in pressing 

 claims against us is unwise.^- The United States should so 

 -modify its laws and the understandings of its own constitution that 

 •acknowledged obligations of the nation under international law and 

 treaty will be promptly executed. 



Thus from the standpoint of international law, the national 

 authority for meeting international responsibilities is the important 

 element in the control of foreign relations, and in the United States 

 this authority is the President acting through the Secretary of State. 

 Foreign nations are entitled to bring their grievances to him and to 

 expect from him redress according to the standard of international 

 law and treaty. Constitutional limitations upon his power to effect 

 the redress are to them unknown, either by law or understanding. 



90 Moore, Digest, 6 : 838 cf scq. See also infra, sees. 120, 149. 



^1 Farewell Address, Sept. 17, 1796, Richardson, ot>. cit., i : 223. 



^2 Vattel makes a similar distinction : " Since the necessary (natural or 

 moral) law is at all times obligatory upon the conscience, a Nation must 

 never lose sight of it when deliberating upon the course it must pursue to 

 fulfill its duty ; but when there is a question of what it can demand from 

 ether states, it must consult the voluntary (positive) law whose rules are 

 devoted to the welfare and advancement of the universal society," op. cit.. 

 Introduction, sec. 28. 



