The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-25
A, to tho Alleged law of Nations.

An associate professor of law in the
Northwestern University, Mr.. CHARLES
c. HYDE, catalogues in the GrGRn Bog for
April the cases in which the Executive
Department OF the United States Gov
eminent has concluded international
agreements or contracts other than
treaties; that ia 20 say, without the adj
vice and consent Of the Senate. The
instances are not very pumerousA On
the whole, they are not very important.
They constitute whatever precedent
exists for the protocol of Jan. 81, 1908,
between the United States and the Do
minican Republic, the artificial founda-
ton stone of our present relations with
that foreign country
OF such purely executive agreements
or pseudo-treaties Mr.. HYDE remarks:
1T must be assumed that In each case where an
agreement other than a treaty has been negotiated
with friendly state there has been sincere be
lief on the part OF the Executive that the Consttu
ton has not been violated, aud that valid inter
rational contract has been negotiated. u the
President IN many instances such a. have been
cited may iawtilly contract with foreign nations,
without the advice and consent OF the Senate, no
constitutional declaration is needed In order TO
attach a legal consequence 70 a compact so con
sluded, and render II binding upon the Unte4
States.
As . result Of its membership In the family OF
civilized States. this country OF necessity recoG.
niIes a. part OF It's local law the law Of nations.
According 10 that law. agreements Of the United
States, not IN violation OF the Constitution or Of the
accepted public policy oftns civilized world whether
treaties or agreements other tnsn treaties In what
ever form expressed, arc part OF the supreme law
Of the land
What remarkable contents for Green
Bog, or any other bag! What eTtraordi-
nary reasoning for a professor OF law
In the Northwestern University, or any
other university! It has been believed
that the supreme law of the land, under
the Constitution, can be enacted only
in the form of a statute, or, what amounts
10 the same thing, a joint resolution of
Congress approved by the President, or,
again, treaty ratified by the Senate in
the manner clearly prescribed by the
Constitution.
Yet here is an associate professor in
forming the public, and, we fear, in
structing the innocent pupils who pay
their tuition fees for the privilege of
sitting at his feet, that there is a fourth
process by which the supreme law Of
this land can be enacted: namely, by the
independent volition of the Executive,
without the concurrence Of the Congress
or either house OF the Congress and solely
with the authorization OF the law Of
nations II there seems to be no ex-
press prohibition in the Constitution,
the President may search the law Of
nations, select what he finds therein
that suits his purpose or convenience,
and treat that as a part Of the supreme
law Of this land.
We do not suppose that Mr.. HYDE goes
90 far as 20 hold that the powers of the
Executive cover everything that is not
expressly denied by the Constitution.
That would be turning things topsy-
turvy. But il the associate professor
is right in his doctrine concerning the
law Of nations, or the accepted public
policy Of tho civilized world as the
warrant which enables an American
President 10 enact supreme law for the
United States without the assistance Of
Congress, II becomes more than ever
important 20 know what the law Of
nations Is, and by what authoritative
hand il has been written.