Marcy, William, Secretary of State:
On constitutionality of treaties,
81.

On Greytown incident, 306.
Maritime law, power of federal
courts to enforce, 200.
Marshall, John:

On confiscation of enemy prop-
erty, 300.

On power to annex territory, 275.
On self-executing treaties, 207.
On extradition power of Presi-
dent, 194.

On interpretation according to
international law, 165.

On representative powers of
President, 21.

On resultant powers of national

government, 133.

Mason and Slidell, unofficial recep-
tion in England, 35.
Maximilian government in Mexico,
Congressional resolution on, 33,

280.

Meade's claim, 82.

Mediation, power to President to ac-

cept offer of, 219.

Medley, D. J., on beginning of cabi-

net responsibility in England, 144.
Metzger case, 27, 41.

Monroe Doctrine, 282, 283.

Congressional approval of, 283.
Use of force in pursuance of,
309.
Monroe, James, President, appoint-
ment of diplomatic agents, 328.
Montaigne, on Constitutional changes,
368.

Montesquieu, on foreign relations
power, 142, 363.
Moore, John Bassett:

On "apprehensive

interpreta-

tion" of the Constitution, 162.
On arbitration treaties, 112.
On congressional delegation of
power to make international
agreements, 374.

On constitutional understandings,
375.

On declaration of war, 286.
On Greytown incident, 306.

On method of settling interna-

tional claims, 244.

On power of recognition, 270.
On treaty-making power, 102.
obligations. (See Obliga-

Moral
tions.)
Morgan, Senator from Alabama, on
Cuban intervention resolution, 271.
Morris, Gouverneur :

Conception of Presidency, 145.
On power of Congress to admit
new states, 276.
On treaty making, 246.
Most-favored-nation clause, 32. (See
also Treaties.)
Municipal law:

Can not alter international re-
sponsibilities, 16.

International law applied as part
of, 158, 171, 221, 222.

National decisions, conclusiveness of
President's statements in reference
to, 38.

National government of United

States:

Distribution of foreign relations
powers, 266.

Foreign relations power of, 130,
265, 266.

International responsibility of, 15.

Power to make international
agreements, 233.

Power to meet international re-
sponsibilities, 154.
Responsibility of, for violations
of international law within the
states, 206. (See also Consti-
tution of United States.)
National honor, questions involving,
non-justiciable, 211.

National obligations. (See Obliga-
tions.)

Natural rights, 80.

Navassa island, status of, 173.

Naval officers, appointment of, 297,
320–321.

Naval warfare, rules of, 168.
Navigation rules, offenses against,
punished, 181.

Navy:

Use of, for intimidation, 294.
Use of, as marition police, 296.

Necessity:

Military, justifies capture of

enemy property, 299.

Use of self help in, 296.
Negotiation of treaties. (See Trea-
ties.)

Negotiations, conduct of, 219.
Nelidow, President of Second Hague
Conference, on nature of delegates
to international conferences, 320.
Neutrality:

Enforcement by executive, 196.
Enforcement by federal courts,

200.

International law applied in
cases affecting, 172.
Offenses against, punished, 179,
181.

Panama Canal Zone, 239.
President's proclamation of, con-
clusive, 39.

Proclamation by President, 268.
Proclamation, effect of, 199, 200.
Non-intercourse, power to authorize,
301. (See also Embargo.)
Non-justiciable question, definition
of, 211.

North Atlantic fisheries arbitration,

on sovereignty, 215.

North Atlantic fisheries case, 109.

Power to interpret, 215.
Power to perform, 225.

Presumed to be moral, 211.
Presumed to be non-justici-
able, 211.

Responsibility for perform-
ance of, 205.

Occupation of foreign territory, 296.
Office under United States, incom-
patibilities of, 316.

Oil investments, diplomatic discus-
sion regarding, 301.

Olney, Richard, Secretary of State:
Interpretation of Monroe Doc-
trine, 39.

On obligation to indemnify in-
jured aliens, 225.

Opium trade, 303. (See also Trea-
ties.)

Oppenheim, L., on

organ, 20.

representative

Panama Canal tolls act, 32, 163.

Controversies concerning, 60, 163,

165.

Panama Canal Zone, executive agree-
ment regarding, 238, 239.
Panama Congress, appointment of
delegates to, 279, 327.

Pan-American Union, participation
in, by United States, 334.
Passport regulations, 277.

Patent agreements. (See Acts of
Congress.)

Pennsylvania, Attorney-General of,
on letters rogatory, 189.

Permanent Court of International

Justice:

Compulsory jurisdiction on pro-
tocol, 224.

Establishment of, 224.

Jurisdiction of, 113, 223, 224.
Justiciable questions, 212.

Perry, Matthew C., Commodore,
opening of Japan, 297.

Pershing, John, General, punitive ex-
pedition to Mexico, 296.

Pierce, Franklin, President, on Grey-
town incident 306.

Pillet, on observance of international
law, 358, 359.

Pine Island controversy, 173, 343.
Pious Fund and case, 65, 108.
Piracy, 180, 184.

Defined by international law, 201.
Suppression of, 296, 299.

Phillimore, Sir Robert, on duty of
belligerents to establish

courts, 15.

prize

Philippines, independence of, 253.
Police power, exercise of, by United
States in Panama, 218.

Policy:

Power to decide on, not affected
by constitutional guarantees,
82.

Power to decide on, not affected
by states' rights, 93.

Power to decide on, not limited

by separation of powers, 120.
Pronouncements on, by Presi-
dent, subject to international
cognizance, 39.

Not considered by courts, 83,
172, 267, 343.

Termination of treaty, 257.
Polk, James K., President:

Initiation of Mexican war, 297.
On effect of executive interpre-
tation of treaty, 217.
On Mexican war, 287.
Pomeroy, J. N.:

On repelling invasion, 308.

On war powers of President, 285.
Porto Ricans, naturalization of, 277.
Postal agreements. (See Acts of
Congress, Executive agreements.)
Prescriptive bays, recognition of, 274.
Presidency:

Analogy to British Crown, 145.
Conception of, in Federal Con-

vention, 145.

Development of administrative
powers of, 146.

President of United States:

Agreement to urge foreign claims

upon Congress, 244.

Bound by act of Congress and
treaty, 341.

Can not acquire territory by con-
quest, 276.

Can not authorize reprisals, 298.
Can not be deprived of power
by treaty, 119.

Can not confiscate enemy prop-
erty on land, 299.

Can not determine obligations
within power of Congress, 216.
Can not establish prize courts,
221, 321.

Capacity to start war, 285.
Classification of powers, 235.
Communications to Congress
subject to international cogni-
zance, 35.

Conclusiveness of acts and utter-
ances of, under international
law, 38, 58, 59.

Concurrent powers with Con-

gress, 340, 341.

Concurrent powers with federal
courts, 342, 343.

Constitutional basis of represent-
ative powers, 23.

Constitutional powers of, 96.
Dominance in conduct of foregn
relations, 137, 336, 360.
Duty of Congress to carry out
political undertakings of, 349.
Duty of courts to follow politi-
cal decisions of, 348.
Duty of treaty-making power to
carry out political undertak-
ings of, 349.

Duty to enforce treaties, 352.
Duty to execute acts of Con-

gress, 350.
Enforcement of executive agree-
ments, 236.
Exclusiveness

power, 270.

of recognition

Extent of power in making ar-
mistices, 241.

Extent to which he can bind the
nation, 244.

Final authority in treaty denun-
ciation, 258.

Foreign relations powers distin-
guished from administrative

Relations with cabinet, 371.
Relations with Congress, 371.
Relations with Congressional
committees on foreign affairs,
372.

Relations with Secretary of
State, 322, 323.

Relations with Senate, 360, 361.
Representative organ, 21, 26.
Requests for Senate advice dur-
ing treaty negotiations, 250.
Sole agency of international com-
munication, 28.

Unofficial reception of mission

from defacto governments, 35.
Use of veto in defense of inter-
national law, 164.

War powers limited by interna-
tional law, 85-86, 169.
Why given treaty-making power,
246.

Withdrawal of treaty from Sen-

ate, 254.

President, powers of, 146.

Appointment of officers, 314.
Appointment of diplomatic
agents, 249, 328, 329.
Appointment of diplomatic offi-
cers, 325.

Appointment of military and
naval officers, 321.
Appointment of peace missions,

327.

Appointment of treaty negotia-

tors, 119, 249.

and

Arming of merchant vessels, 295.
Cable landing, 267, 302.
Commissioning military
civil officers, 322.
Conclusion of compromis of ar-
bitration, 223.

Conclusion of executive agree-
ments, 53, 233-236, 243.
Confiscation of property in war,
85.

Control of foreign relations, 141,
266, 267.

Creation of offices, 313.
Denunciation of treaties, 259.
Determination of foreign policy,
64, 282.

Determination of national obli-
gations, 217.

Determination of occasions for
using military force, 193.
Direction of administration, 141,
148, 194, 317.

Direction of military forces, 305.
Enforcement of awards of for-
eign consuls, 195.
Enforcement
law, 192.

of international

Enforcement of neutrality, 176,
182.

Enforcement of treaties, 190.
Exchange of ratifications of
treaty, 52, 254.

Extradition under treaty, 194.
Extradition without treaty, 195.
Formal amends, 229.

Fulfillment of guarantee, 227.
Government of unorganized ter-

ritory, 320-321.

Initiate treaties, 248.

Interim appointments, 119.

Internment of foreign troops,
196.

Interpretation of constitution,
347.

Interpretation of international
law, 245.

Interpretation of national and
state laws, 40.

Interpretation of treaty, 47, 245.