330 WRIGHT— POWER TO MAKE AGREEMENTS. 



169. Validity of Military Agreements. 



The President's power as Commander-in-Chief permits him to 

 conclude agreements in time of peace as well as war. So President 

 Monroe agreed to a delimitation of armaments on the Great Lakes 

 in 18 1 7, which, however, he submitted a year later to the Senate, 

 where it received ratification as a treaty. A series of agreements 

 were made with Mexico between 1882 and 1896 for the mutual 

 pursuit of border Indians and the President has often authorized 

 the transit of foreign troops across the territory, a power thus 

 justified by the Supreme Court : *- 



" While no act of Congress authorizes the executive department to 

 permit' the introduction of foreign troops, the power to give such permis- 

 sion without legislative assent was probably assumed to exist from the 

 authorit}' of the President as Commander-in-Chief of the military and 

 naval forces of the United States." 



In a dissenting opinion in this case. Justice Gray thought that for- 

 eign troops could be admitted only by express consent of the nation 

 which " must rest upon express treaty or statute." " It is not 

 necessary," he added, " to consider the full extent of the power of 

 the President in such matters." In spite of this dissent the power 

 has been exercised by the President on many occasions and is cog- 

 nizable in the courts because it brings into operation the accepted 

 principle of international law, that armed troops and public vessels 

 of foreign powers, within the territory by permission, are exempt 

 from jurisdiction.*^ An anology may be made between the power 

 of the President as Commander-in-Chief to permit the entry of for- 

 eign military forces, and his power as the representative organ 

 to receive foreign diplomatic officers. In both cases, the Pres- 

 ident's act entitles the foreign agency to exemprlon from juris- 

 diction.'** 



Most military agreements have been temporary in duration and 

 of a character to be fulfilled by the President in the exercise of his 

 independent power as Commander-in-Chief. The power of ad- 

 mitting troops may, however, require cooperation of the courts and 



*2 Tucker v. Alexandroff, 183 U. S. 424, 435. 



*3 The Exchange v. McFaddon, 7 Cranch 116, 139. 



**/n re Baiz, 135 U. S. 403. 



