INSTRUMENTALITIES FOR FOREIGN RELATIONS. 419 



242. International Administrative and Judicial Agencies. 



The third class of instrumentalities for conducting foreign re- 

 lations are international in character and rest on treaty or agree- 

 ment alone. Arbitration courts for hearing particular questions 

 have been set up by executive agreement alone, by executive agree- 

 ment authorized by general treaties and by treaties. The Bureau 

 of the Universal Postal Union is authorized, so far as the United 

 States is concerned, by executive agreement under an act of 

 Congress. The Bureau of other international unions and of the 

 Hague Permanent Court of Arbitration as well as the panel of 

 arbitrators of the court are set up by treaty. International courts 

 were established for trial of slave traders by the treaty of 1 863-1 870 

 with Great Britain and by the XII Hague Convention of 1907 an 

 international prize court was provided for, but the latter treaty, 

 though consented to by the Senate, has never been ratified. 



The President has usually appointed representatives in such 

 bodies on the authority of the agreement or treaty alone, though if 

 the body is permanent, the need of appropriation makes congres- 

 sional action necessary. Congress has provided by law for partici- 

 pation of the United States in the Pan-American Union,"* the 

 Bureau of the Hague Permanent Court of Arbitration,^^ the Inter- 

 national Prison Commission,''^^ and other organs. It has not at- 

 tempted to control the organization or method of appointing rep- 

 resentatives on such bodies, though the proposed seventh reser- 

 vation to the Peace Treaty of Versailles would have done so for 

 organs set up by that treaty. In general the congressional acts 

 seem to have assumed that the power to appoint commissioners to' 

 such bodies is vested in the President alone, and that such com- 

 missioners are not " officers " of the United States, since Senators 

 have frequently served, especially on courts of arbitration. In 1913, 

 however, Congress attempted to forbid presidential participation in 



73 The U. S. Constitution, I, sec. 6, cl. 2 ; Knox, Att. Gen., 23 Op. 533 

 (1901") ; Moore, Digest, 4: 440; Corwin, op. cit., pp. 65-66. 



7* Act July 14, 1890, 26 Stat. 275. 



''^ Act March 22, 1902, 32 Stat. 81. 



7«Act Feb. 22, 1913, 37 Stat. 692; Act re International Waterways 

 Commission, June 13, 1902, 42 Stat. 373 ; Comp. Stat., sec. 4984. 



PROC. AMER. PHIL. SOC, VOL. LX., BB, MARCH I5, I922. 



