WRIGHT— POWER TO MAKE AGREEMENTS. 333 



172. Validity of Diplomatic ."Agreements. 



The President may and must interpret treaties and international 

 law in applying their rules and principles for the settlement of 

 claims of American citizens but he has no power to make general 

 interpretations of treaty, or of international law. In fact, how- 

 ever, his decisions establish precendents, which his successors will 

 find it difficult to avoid. Thus the agreement of President Mc- 

 Kinley to accept the last three principles of the Declaration of Paris, 

 during the Spanish war, would doubtless go far toward establishing 

 these principles as international law obligatory upon the United 

 States in future wars." The President has no authority to agree 

 to general interpretations or reservations to treaties. Such docu- 

 ments are not valid unless consented to by the Senate. ^^ But the 

 precedents established by presidential interpretation in particular 

 cases may amount to an authoritative interpretation. Thus the 

 Spanish Treaty Claims Commission felt justified in applying Article 

 VII of the treaty with Spain of 1795, which forbade the "embargo 

 or detention" of "vessels or effects" of subjects or citizens of the 

 other contracting power, to detention of goods on land. The 

 negotiators of the treaty appear to have intended application only 

 to property at sea. No question was raised for over seventy years, 

 after which the American Secretary of State consistently maintained 

 the broad interpretation.^* 



" Whether or not," said the court. " the clause was originally intended 

 to embrace real estate and personal property on land as well as vessels 

 and their cargoes, the same has been so construed by the United States and 

 this construction has been concurred in by Spain; and therefore the com- 

 mission will adhere to such construction in making its decisions." 



" There is," says President Taf t, " much practical framing of our 

 foreign policies in the executive conduct of our foreign relations." ^^ 



^2 Proclamations and Decrees during the war with Spain, p. 77. 



^^ Supra, sees. 27, 28. 



5* General Principles adopted April 28, 1903, No. 10, Special Report, 

 Wm. E. Fuller, Washington, 1907, p. 23; Crandall, op. cit., p. 384. Executive 

 interpretation of the Alaska Purchase treaty was followed by the court 

 in determining the extent of jurisdiction in Behring Sea prior to the arbitra- 

 tion, and in general the court follows executive interpretation of political 

 questions (supra, sec. 107). 



s^Taft, op. cit., p. 113; supra, sec. 38. 



