WRIGHT— POWER TO MEET RESPONSIBILITIES. 307 



146. By International Political Organs. 



A political interpretation of national obligations is not neces- 

 sarily unilateral. Undoubtedly agreement is a more satisfactory 

 method of reaching a decision and has been judicially approved. 

 Thus said Justice Story for the Supreme Court : ^^ 



" The parties who formed this treaty, and they alone, have a right to 

 annex the form of a passport. It is a high act of sovereignty, as high as the 

 formation of any other S'tipulation of a treaty. It is matter of negotiation 

 between the governments. The treaty does not leave it to the discretion of 

 either party to annex the form of the passport; it requires it to be the joint 

 act of both." 



" The interpretation of a treaty in case of difficulty," said the French 

 Court of Cassation, " can result only from a reciprocal agreement of the two 

 governments." ^^ 



An interpretation by political agreement would ordinarily re- 

 quire negotiation through the Department of State, acting either 

 through the Secretary of State at Washington or through a dip- 

 lomatic officer in the foreign capital. All claims must be presented 

 to the Department of State, not to the President direct or to 

 Congress. ^^ If claims of American citizens upon foreign govern- 

 ments, they must be presented in proper form and with ample evi- 

 dence, but the department reserves full discretion to refuse to 

 press them.^* If claims from foreign citizens or governments 

 against the United States, they must be presented officially as from 

 the government of the claimant's state. The Department of State 

 will not consider claims from foreign individuals, only from rec- 

 ognized governments.^' 



However, the department is free to accept an offer of mediation 

 by a foreign government, or to submit the controversy to a council 

 of conciliation, commission of inquiry or other body set up to 

 discover facts and agree on recommendations.^® Such recommen- 

 dations are not binding upon the political organs of the government 



51 The Amiable Isabella, 6 Wheat, i, 71-73 (1821). 



52 Dalloz, Juris, Gen., Supt., t. 17 (1896), s. v. Traite, Int., No. 14. 



53 Borchard, op. cit., pp. 355, 653; Moore, Digest, 4: 687, 781; supra, sec. 

 12, note 22. 



54 Moore, Digest, 6: 609 et seq. 

 ^^ Ibid., 6: 607-609; 4: 694. 



^^ Ibid., 6: 1012 et seq.; Borchard, op. cit., p. 366 et seq. 



PROC. AMER.PHtL., SOC. , VOL. LX., U, MARCH II, I922. 



