328 WRIGHT— POWER TO MAKE AGREEMENTS. 



from the jurisdiction of the territory by executive agreement. 

 Although in theory only temporary, in fact the arbitration was not 

 held until 1871 and the joint occupation continued until 1873, a 

 period of fourteen years. ^* Even longer, however, was the opera- 

 tion of the North Atlantic fisheries modus vivendi of 1885, which 

 practically continued until the arbitration of 1909. 



After considering such agreements as these. Professor Corwin 

 gives his " final verdict " that " the President's prerogative in the 

 making of international compacts of a temporary nature and not 

 demanding enforcement by the courts, is one that is likely to become 

 larger before it begins to shrink." ^^ 



167. The Power to Make Military Agreements. 



As Commander-in-Chief, the President undoubtedly has power 

 to make Cartels for exchange of prisoners of war, suspensions of 

 arms, capitulations and armistices with the enemy. Such agree- 

 ments may be made by commanding officers in the field if of a local 

 and temporary effect such as a suspension of arms, but if of a 

 general effect such as an armistice, they .must be by authority of 

 the Commander-in-Chief.^^ Thus, President Lincoln was justified 

 in repudiating the armistice made by General Sherman with Gen- 

 eral Johnston in 1865 on the ground that a general armistice was 

 within the President's power alone and General Sherman had ex- 

 ceeded his powers.^^ The same is usually true of licenses to trade. 

 The President was expressly authorized by act of Congress in 1861 

 to license trade with the enemy. The court held that the power 

 was his alone and condemned a vessel running the blockade to New 

 Orleans with a license from the Collector of Customs in New Or- 

 leans authorized by General Banks and approved by Rear Admiral 

 Farragut.^' 



3* Moore, Int. Arbitrations, p. 222. 



35 Corwin, op. cit., p. 112. 



36 Lieber's Instructions, Gen. Ord. 100, 1863, Arts. 135, 140; Halleck, 

 Int. Law, 4th ed. (Baker), 2: 346-347. 



37 Ibid., 2 : 356, supra, sec. 26. 



38 The Sea Lion, 5 Wall. 630 (1866); Moore, Digest, 7: 255. 



