440 WRIGHT— UNDERSTANDINGS CONCERNING 



" If Congress may lawfully omit to establish inferior courts, it might 

 follow that in some of the enumerated cases the judicial power could no- 

 where exist. . . . Congress is bound to create some inferior courts, in which 

 to vest all that jurisdiction which, under the Constitution, is exclusively 

 vested in the United States, and of which the Supreme Court cannot take 

 original cognizance." 



We have noticed that Congress, under the necessary and proper 

 clause, has power to provide for meeting international responsibil- 

 ities.^*' It is believed that it is under a constitutional duty to exer- 

 cise these powers. 



258. Duty of All Organs to Aid in Meeting International Respon- 

 sibilities. 



The traditional conceptions of American statesmen has been that 

 all organs of government were bound to aid in the meeting of inter- 

 national responsibilities. 



" The statesmen and jurists of the United States," says Sir Henry Maine, 

 "' do not regard international law as having become binding on their country 

 through the intervention of any legislature. They do not believe it to be of 

 the nature of immemorial usage of which the memory of man runneth not to 

 the contrary. They look upon its rules as a main part of the conditions on 

 "which a state is originally received into the family of civilized nations. . . . 

 If they put it in another way, it would probably be that the state which dis- 

 claims the authority of international law places herself outside the circle of 

 civilized nations." ^^ 



In accordance with this conception of international law, Duponceau 

 has written : ^- 



" The law of nations is to be carried into effect at all times under the 

 penalty of being thrown out of the pale of civilization or involving the coun- 

 try in war. Every branch of the national administration, each within its 

 district and its particular jurisdiction, is bound to administer it. . . . Whether 

 there is or not a national common law in other respects, this universal com- 

 mon law can never cease to be the rule of executive and judicial proceedings 

 until mankind shall return to the savage state." 



The exercise by each organ of all constitutional powers necessary 

 to assure the meeting of international responsibilities is a constitu- 



"•^ Supra, sec. 225. 



51 Maine Int. Law, p. 37, supra, sec. 33. 



52 Duponceau, op. cit., p. 3. 



