WRIGHT— POWER TO MEET RESPONSIBILITIES. 317 



154. Commerce and Revenue Laws. 



Treaties requiring a modification of the tariff system might seem 

 self-executing and have been held so in dicta by the courts.'"' On 

 at least one occasion a foreign state has been given reduced rates 

 on the basis of treaty without congressional authorization.^^ 

 Congress, however, has insisted that such treaties are not self- 

 executing but require express congressional action for execution. 

 This practice has generally been acquiesced in by the other organs 

 of government."^ 



155. Formal Amends in Reparation. 



Satisfactory reparation may sometimes require acts other than 

 the payment of money or cession of territory. Formal amends 

 such as the firing of salutes or sending of apologies may be au- 

 thorized by the President."® Sometimes states have demanded that 

 individuals be criminally punished or turned over to them for 

 punishment by way of reparation. Thus, aside from indemnity, 

 Italy demanded as reparation for the New Orleans lynching of 

 1891 : " The official assurance by the Federal government that the 

 guilty parties should be brought to trial." '^^'^ In his next message 

 to Congress President Harrison asked for legislation giving federal 

 courts jurisdiction in such cases but without success. Doubtless 

 such legislation is expedient for meeting the international respon- 

 sibility of enforcing international law and treaty within the juris- 

 diction but it cannot be said that this particular form of reparation 

 is required. ^°^ The release of prisoners held in custody in violation 

 of international law is however a form of reparation which may be 



96 Bartram v. Robertson, 122 U. S. 116; Whitney v. Robertson, 124 U. S. 

 190; Willoughby, op. cit.^ p. 492. 



9^ Switzerland on application of Most-favored-nation clause of treaty of 

 1850, in 1899. Moore, Digest, 5 : 283-284. See also report of Ambassador 

 Bryce to British Government, Jan. 31, 1912. Pari. Pap., Misc., No. 5 (1912), 

 No. 23, quoted in Ponsonby, Democracy and Diplomacy, p. 154. 



98 Crandall, op. cit., pp. 195-200; Wright, Am. Jl. Int. Law, 12: 68. 



»9 Moore, Digest, 6: 1034-1037. 



100 Ibid., 6 : 838. 



101 Supra, sec. 138. 



