332 WRIGHT— POWER TO MAKE AGREEMENTS. 



171. Diplomatic Agreements Settling Controversies. 



The most frequent types of agreement made under the Pres- 

 ident's representative powers are those setthng international contro- 

 versies. Unless authorized by express treaty or act of Congress this 

 power is confined to the settlement of claims by American citizens 

 against foreign governments. Such settlement of individual claims 

 may be made either by direct negotiation, or by submission of the 

 case to a conciliation commission or to arbitration. J. B. Moore 

 states that thirty-one cases have been settled directly by formal 

 executive agreement, and twenty-seven by arbitration based on ex- 

 ecutive agreement. In nineteen such cases formal treaties have 

 been made for submitting the case to arbitration.*^ 



The settlement of foreign claims against the United States or of 

 national claims involving territory, maritime jurisdiction, bellig- 

 erent and neutral rights, etc.. has generally been by treaty, or by 

 arbitration authorized by treaty.*^ In a few cases of foreign 

 pecuniary claims, the President through the Secretary of State 

 has agreed to urge upon Congress the justice of the claim, but he 

 has never assumed to bind the United States to pay such a claim 

 without a treaty.*^ Should he do so, doubtless the foreign gov- 

 ernment would be entitled to hold the United States bound, since 

 in reference to the meeting of international responsibilities, the rep- 

 resentative organ speaks for the nation under international law.^" 



" In two instances claims of foreigners against the United States were 

 submitted to arbitral tribunals by executive agreement, but in both in- 

 stances it was expressly provided that any awards that might be made 

 should be a claim, not against the United States, but solely against the 

 estates of certain American citizens, whose estates were to be adjusted be- 

 fore the same arbitral tribunal." ^^ 



*7 Moore, Pol. Sci. Oiiar., 20: 414. 



*8 Foster, Yale Lazv //., 11: 77 (Dec, 1901) ; Moore, Digest, 5: 211; 

 Willoughby, op. cit., p. 469. 



*^ See attitude of the Executive in Chinese and Italian Lynching cases, 

 1890-1901, Moore, Digest, 6: 834, 842. 



5" Supra, sec. 34. 



^^ C. C. Hyde, " Agreements of the United States other than Treaties," 

 Greenbag, 17: 2^2,' cited Willoughby, op. cit., p. 469. 



