252 WRIGHT— POWER TO MEET RESPONSIBILITIES. 



CHAPTER XI. 



The Power to Meet International Responsibilities Through 



THE Observance of International Law. 



97. Conditions Favoring the Observance of International Law. 

 The responsibility of the nation for acts of government organs 



imposes a duty upon every organ to abstain from action in violation 

 of international law or treaty. This responsibility will be met if 

 every independent organ of government is careful to exercise its dis- 

 cretionary power in accordance with this duty, consequently there 

 can be no question of the poiver of the government to meet this 

 responsibility. Is it probable that independent organs will recog- 

 nize international law, rather than national policy, as a proper guide 

 in the exercise of their powers? No organ is in fact wholly inde- 

 pendent. The government is a complex organization, the action of 

 each organ being to a certain extent influenced by that of others. 

 We may, therefore, investigate the conditions which tend to assure 

 the observance of international law and treaty by the various organs 

 of government in the present state of public law. 



98. Observance of International Law by the States. 



A state constitution or legislative provision in violation of cus- 

 tomary international law is valid unless in conflict with a Federal 

 constitutional provision or an act of Congress as would usually be 

 the case. However, it appeared in 1842 that the criminal laws of 

 New York made no exception in favor of persons entitled to im- 

 munity under international law and the United States had no means 

 of relieving Alexander McLeod from the operation of those laws, al- 

 though the Secretary of State admitted the responsibility to do so 

 under international law. Congress has power to pass legislation assur- 

 ing respect for international law by the states and such legislation was 

 passed soon after this incident.^ If a state law disregards a treaty 

 it is void. The courts both federal and state are obliged to apply 

 treaties " anything in the Constitution or Laws of any State to the 

 Contrary notwithstanding." - Thus state confiscation acts were held 



lAct of Aug. 29, 1842, Rev. Stat, sec. 753. See Moore, Digest, 2 : 24-30. 

 2U. S. Constitution, Art. VI, sec. 2. 



