WRIGHT— LIMITATIONS UPON NATIONAL POWERS. 205 



of a " special treaty." '^ In 1908, however, Secretary Root con- 

 cluded many treaties substantially of the form of the Hay treaties 

 with the Senate amendment.'^^ 



Aside from the question of policy, it seems that the Hay treaties 

 in their original form would not amount to an unconstitutional 

 delegation of legislative power." They merely authorize the 

 President to carry out the policy of arbitrating certain classes of 

 disputes laid down by the general treaty and are well within the 

 decision of Field v. Clark. '^* 



63. Treaty Delegation of Power to International Organs. 



Where treaties have delegated power to international bodies, 

 constitutional questions have often been raised. The courts have 

 sustained treaties submitting claims, boundary questions, etc., to 

 international arbitration courts and have held that the decision 

 of such a court is of the same legal weight in the United States as 

 the treaty itself. Thus after the Bering Sea Arbitration Tribunal 

 had held that American jurisdiction in Bering Sea terminated at the 

 three mile hmit, the United States Circuit Court of Appeals refused 

 to apply the acts of Congress for protecting the seal herds, to 

 vessels engaged in sealing beyond that limit. "^ 



Where, however, treaties have provided for an international 

 commission or court which shall decide whether or not a particular 

 dispute is of a justiciable character as defined by the general 

 treaty, doubt has been expressed in the Senate. The proposed 

 international Prize Court Convention of 1907 with its attached 

 protocol of 1910 provided that claims against the United States 

 for defined types of prize decisions might be brought in the inter- 

 national Prize Court by private individuals, and the court would 

 itself decide whether the case was within the described classes i.e., 



■^1 Willoughby, op. cit., pp. 473-475 ; Taft, The United States and Peace, 

 1914, p. 95 ; Sutherland, op. cit., p. 129. 



T2 As example see British treaty, Malloy, Treaties, p. 814. 



73 Crandall. op. cit., p. 120; Willoughby, op. cit., p. 475; Taft, The United 

 States and Peace, p. 95; Moore, Pol. Sci. Quarterly, 20: 403. 



7* Field V. Clark, 143 U. S. 649 (1892). 



" U. S. V. La Ninfa, 75 Fed. 513. 



