treatment of it is among his most valuable contributions to
the discussion of the League project.

The United States is a nation, endowed with all the
powers, so far as external relations are concerned, that
appertain to a sovereign nation. Practice and legal decisions
are cited to show that its treaty-making power extends to
all subjects usually dealt with in treaties. These include, in
practice and in law, the right to agree to submit to arbitra-
tion not only existing disputes but likewise disputes which
may arise in future. Among the latter, instance the
approval, by the United States Senate, of the Hague conven-
tion for an international Court of Prize and of the Bryan
treaties. Such agreements may apply to extra-legal con-
troversies as well as to justiciable controversies. The latter
are defined as matters resolvable by the rules of law and
equity. Precedent for instituting an international Court
of Justice to pass upon the latter category of questions is
found in the Supreme Court of the United States which is
called upon at times to apply international law in con-
troversies between the States of the Union. Settlement of
extra-legal questions by a tribunal would simply be arbi-
tration as we commonly know it. A long series of agree-
ments of this nature, beginning with the Jay Treaty of 1794,
affirms the practice of the country in respect thereto. Sub-
mission of an issue to a judge, which this is, is not a dele-
gation of power to an agent.

Nor is the Government exceeding its constitutional powers
when it enters into an agreement to go to war under certain
conditions. For the complete act, the exercise of two con-
stitutional functions is required. It is the President who,
by and with the consent of the Senate, makes a treaty.
"For this purpose the President and Senate are the United

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