WRIGHT— POWER TO MEET RESPONSIBILITIES. 263 



neutrality, war and insurgency.'^*' Under the terms of Article VI 

 of the Constitution treaties are the supreme law of the land and 

 after proclamation are applicable by all courts, state and federal. 



107. Tliis Principle not Applicable to Political Questions. 



The principle, however, that courts apply international law 

 and treaty in appropriate cases is subject to certain modifications. 

 Thus if the controversy involves " a political question " the courts 

 hold that they must follow the decision of the political organs, ir- 

 respective of international law and treaty.**^ But no definite line 

 has ever been drawn between principles of international law and 

 treaty provisions which are of a political character and those which 

 are of a legal character. In such matters as the annexation 

 or cession of territory, °- the recognition of insurgency,''^ belliger- 

 ency,^* new governments,*'^ new states,"" the termination of treaties,"'^ 

 and of war,®* the courts ordinarily follow the decisions of the politi- 

 cal organs. Sometimes, however, no definite decision has been 

 given by those organs. In such cases, the courts, holding that they 

 " have no more right to decline the jurisdiction which is given than 

 to usurp that which is not given," "'-' have investigated facts and 



^*^ The Santissima Trinidad, 7 Wheat. 283 ; The Three Friends, 166 U. S. 

 I ; The Appam, 27 Sup. Ct. 2,37- 



61 Crandall, op. cit., 364-370; Willoughby, op. cit., 999-101 1; Moore, Di- 

 gest, 1 : 245, 744. 



62 Jones V. U. S., 137 U. S. 202, 212-213, 1890; Williams v. Suffolk In- 

 surance Co., 13 Pet. 415; Foster v. Neilson, 2 Pet. 253; In re Cooper, 138 

 U. S. 404; U. S. V. Reynes, 9 How. 127. 



63 The Three Friends, 116 U. S. i, 63, 1897; Kennett v. Chambers, 14 

 How. 38. 



6*U. S. V. Palmer, 3 Wheat. 610; The Divina Pastora, 4 Wheat'. 52; 

 The Santissima Trinidad, 7 Wheat. 283; The Prize Cases, 2 Black 735. 



6-' The Sapphire, 11 Walt. 164. 1870, Oetjen v. Central Leather Co., 246 

 U. S. 297, 1917, Ricaud v. American Metal Co., 246 U. S. 304, 1917. The 

 recognition of a particular person as diplomatic representative of a foreign 

 government is also a political question. Ex parte Baiz, 135 U. S. 403. 



66 The Nereide, 9 Cranch 388, 1815; Cherokee Nation v. Georgia, 5 Pet. 

 1; Neeley v. Henkel, 180 U. S. 109, 1901. 



6^ Doe V. Braden, 16 How. 635; Terlinden v. Ames, 184 U. S. 270; 

 Willoughby, op. cit., 1007, infra, sec. 182. 



68 The Protector, 12 Wall. 700. 1871. 



6»/n re Cooper, 143 U. S. 472, 502-505, 1892; Moore, Digest, i: 744, infra, 

 sec. 247. 



