WRIGHT— POWER TO MEET RESPONSIBILITIES. 293 



though in admiralty actions in rem arising under the general mari- 

 time law on the high seas, where the two aliens are of different 

 nationality, such cases will usually be heard. ^^^ Cases against aliens 

 may in many cases be removed to federal courts by the defendant 

 if they are not brought there originally."". 



134. Conclusion. 



The enforcing of international law and treaty in the territory of 

 the United States requires executive and judicial action. The Pres- 

 ident must utilize the military and administrative forces to preserve 

 order and prevent violations of international law and treaty. The 

 criminal courts must punish offenders against international law and 

 treaty, and the civil courts must be prepared to afford relief to aliens 

 with just claims against individuals. Under the American consti- 

 tutional system the President has power to direct existing military 

 and civil administrations, to enforce the laws and treaties and pre- 

 vent obstructions of national services. However, the tendency ha& 

 been to confine this action to circumstances in which it is author- 

 ized by specific legislation. 



The state courts are bound to apply treaties and are open to 

 civil suits by aliens but federal courts are dependent on statute for 

 jurisdiction. The broad grants of jurisdiction in admiralty matters, 

 suits involving treaties, and the civil rights of aliens, give the fed- 

 eral courts an opportunity to afford relief in civil matters, but for 

 enforcing criminal penalties for violations of international law or 

 treaty, they must be endowed with specific power. Congress must 

 legislate or the United States may find itself without the means nec- 

 essary for exercising due diligence in enforcing international law 

 and treaties within its territory. 



CHAPTER Xni. 



The Power to Meet International Responsibilities through 

 Performance of National Obligations. 



135. Nature of this Responsibility. 



The responsibility of the nation for the non-fulfillment of its 

 obligations requires, not only that each organ of the government 



^i^The Belgenland, 114 U. S. 355. 



^1' Ibid., sees. 28, 31 ; supra, sec. 105. 



