WRIGHT— POWER TO MEET RESPONSIBILITIES. 309 



" The Secretary of War, through such agency as he may designate or 

 establish, is empowered, upon such terms as he or it may determine to be in 

 the interest of the United States, to make equitable and fair adjustments and 

 agreements, upon the termination or in settlement or readjustment of agree- 

 ments or arrangements entered into with any foreign government or govern- 

 ments or national thereof, prior to November twelfth, nineteen hundred and 

 eighteen, for the furnishing to the American Expeditionary Forces or other- 

 wise for war purposes of supplies, materials, facilities, services, or the use of 

 property, etc." 



147. By National Courts. 



The interpretation and application to concrete circumstances of 

 international law and treaty is not in essence a political or legislative 

 act and undoubtedly the political organs may delegate power to 

 make such interpretation to other organs. This power is essen- 

 tially judicial in character and has often been delegated to the 

 courts. 



Certain claims virtually against the government may be decided 

 by prize courts. Such courts may decree restitution of captured 

 vessels, compensation if the vessel has been requisitioned or de- 

 stroyed, or damages if the capture has been illegal. Damages are 

 in theory awarded against the officer making the capture, but in 

 fact such awards are usually paid by the government.^" Federal 

 District Courts have been given exclusive jurisdiction in prize 

 matters with appeal to the Supreme Court.®^ They are free to 

 apply international law and treaty and hold it their duty to do so 

 except as expressly modified by act of Congress.®^ Both neutral 

 and enemy persons are entitled to present claims in such courts.®^ 

 It has been held that prize courts may be constituted by Congress 

 alone. Courts set up under authority of the President in occupied 

 territory cannot exercise prize jurisdiction. °* 



Congress has also established a Court of Claims from which 

 appeal may be taken to the Supreme Court. Its jurisdiction ex- 



60 Moore, Digest, 7 : 593-597. 



61 Judicial Code of 191 1, sec. 24, par. 3; sec. 250, par. 2. 



62 The Nereide, 9 Cranch 388; The Paquette Habana, 175 U. S. 677, 

 supra, sec. 106. 



63 The claimant in the Paquette Habana, supra, was an enemy subject. 

 See British case. The Mowe, L. J. (1915), p. 57, Am. Jl. Int. Law, 9: 547. 



6*Jecker v. Montgomery, 13 How. 498. 



