WRIGHT— POWER TO MEET RESPONSIBILITIES. 315 



150. Cession of Territory. 



Treaties or arbitration awards may require a cession of ter- 

 ritory. Such provisions affecting small tracts of territory in 

 boundary settlements have been considered self-executing.** The 

 same view would probably be taken of a large cession if condi- 

 tions were such that it could be considered constitutional. *° 



151. Guarantees and Use of Military Force. 



Treaties of guarantee, or requiring the employment of force 

 in policing or other operations have usually been carried out by the 

 President. Thus on many occasions the President has dispatched 

 troops to Panama in maintenance of the guarantee in the Colombia 

 treaty of 1846 and Presidents have also dispatched troops to Cuba, 

 Hayti and China in pursuance of treaties and protocols requiring 

 protection."" Congressional legislation has often provided expressly 

 for the use of force in pursuance of treaty. Article 8 of the 

 Webster-Ashburton treaty of 1842 required that the contracting 

 powers keep naval forces of specified size off the coast of Africa 

 for the suppression of the slave trade. Congress passed an act 

 authorizing the President to dispatch vessels for this purpose, and 

 the President so acted.®^ 



If a guarantee treaty requires a declaration of war. Congress 

 alone can carry it out, although its discretion ought to be confined 

 to consideration of whether the contemplated circumstances exist 



^8 The Webster-Ashburton treaty adjusting the Maine Boundary was con- 

 sidered self-executing with respect to territory claimed by Maine, but given 

 to Canada by the treaty. Little v. Watson, 32 Maine 214, 224 (1850) ; Cran- 

 dall, op. cit., p. 223. The Supreme Court of the United States has recognized 

 boundary settlements between states of the Union. Va. v. Tenn., 148 U. S. 

 503. See also La Ninfa, 75 Fed. 513, in which the arbitration award fixing 

 jurisdictional limits in Behring Sea was held self-executing. 



89 Willoughby, op. cit., p. 512; Crandall, op. cit., p. 220 et seq.; supra, 

 sec. 50. 



^'^ Supra, sees. 126, 145; infra, sees. 221-224. 



91 Moore, Digest, 2 : 939. See also ibid., 2 : 941 ; Rev. Stat, sec. 5557 ; 

 Criminal Code of 1910, sec. 260, 35 Stat, 1140, Comp. Stat., sees. 10, 433. In 

 reference to Slave trade treaty of 1862, see Moore, Digest, 2: 946. In refer- 

 ence to General act of Brussels for suppression of the slave trade, ibid., 

 2 : 949. 



