"Many commercial treaties were concluded during the administrations of President Jackson and President Van Buren, through which the principles, which had become part of the policy of the United States, were extended in every quarter of the globe. By the former adminis tration also, long-pending differences with France were set at rest by a convention signed July 4, 1831; and a treaty was concluded with the Ottoman Porte, under which, for nearly forty years, it was not doubted that the citizens of the United States within the dominions of the Porte enjoyed certain rights of extraterritoriality. The doubts which have since arisen will be considered hereafter. "President Polk carried out with assiduity the policy of the nation by extending the number of its treaties for the regulation of commerce and navigation, for the abolition of unjust taxes, and for the regulation of international postal relations, and he added to the national domain by the treaty of peace with Mexico, and concluded a treaty with Great Britain, which was intended on the part of the United States to be a final settlement of the disputed Northwestern boundary. He also caused the United States to enter into a treaty with New Granada, whereby they agree to guarantee positively and efficaciously to New Granada * the perfect neutrality of the before-mentioned Isthmus' (Panama) and the rights of sovereignty and property which New Granada has and possesses over the said territory,' the first international obligation of this nature incurred since 1778. "During President Taylor's short administration several treaties of commerce were entered into with other powers. "President Buchanan released the commerce of the United States from the Danish dues at the Sound and Belts, made wider and broader the friendly relations with Japan, and he added to the number of the treaties for the regulation respectively of commerce, of extradition, and of international postage. "William H. Seward was the Secretary of State during the adminis trations of President Lincoln and of President Johnson. Under his direction of the Department of State, the treaties of commerce and the consular and extradition conventions were widely extended. The commerce of the United States was relieved from the Brinshausen dues, the navigation of the Dardanelles and of the Bosphorus was regulated, and the Scheldt dues were extinguished. A treaty was entered into for the suppression of the African slave-trade, in which, for the first time since the adoption of the Constitution, it was agreed that an alien might sit as a judge in a court holding its sessions within the territories of the United States. Several treaties were made securing the recognition of the right of expatriation and naturalization, and the protection of trade-marks was also made the subject of a treaty. The relations with China, too, were essentially modified." Mr. J. C. B. Davis, Notes, &c. See more fully infra, § 148. XI. JUDICIARY CANNOT CONTROL EXECUTIVE IN TREATY MAKING, § 139. The negotiation and modification of treaties is a prerogative of the Executive, with which the courts cannot interfere. Frelinghuysen v. Key, 110 U. S., 64; Great West. Ins. Co. v. U. S., 19 C. Cls., 206; S. C., 112 U. S., 193, to same effect; Angarica de la Rua v. Bayard,4 Mackey, 310; cited, infra, § 246. The granting an injunction to restrain the Executive from making payment under a treaty is not within the province of the judiciary. 3 Op., 471; Grundy, 1839. "I have had the honor to receive your letter of the 29th ultimo in relation to the pending application in the supreme court of this District for a writ of mandamus against the Secretary of State at the instance of La Abra Silver Mining Company, in which you embody, as your own, the report of Mr. Solicitor-General Phillips to you. Allow me to express my thanks for the prompt attention you have given to the matter and the personal interest you have taken in it. "The suggestion of Chief-Justice Cartter, as reported by Mr. Phillips, namely, that a pro forma judgment with a view to an appeal to the Supreme Court of the United States was all that was wanted by the parties cannot be entertained for a moment with my censent. I have a most decided objection to any judgment, pro forma or otherwise, being rendered against the Secretary of State. "The pending case involves, as I view it, an important question in regard to the relative powers of the several branches of the National Government. It is for this reason, if no other, entitled to a full hearing in every court through which it may have to pass before reaching the Supreme Court of the United States. "The powers of the President are fixed by the Constitution. He has in this matter only exercised the treaty-making power. Congress, a coordinate branch of the Government, cannot enlarge those powers, and most certainly cannot restrict or limit them." Mr. Frelinghuysen, Sec. of State, to Mr. Brewster, Dec. 4, 1882. MSS. Dom. Let. As will hereafter be seen, the Department of State can arbitrate or settle, at its own discretion, all claims referred to it under treaties. Infra, § 222. i XII. SPECIAL TREATIES. (1) ARGENTINE REPUBLIC. A history of the diplomatic relations of the United States with Buenos Ayres and the Argentine Republic is given in instructions from Mr. Marcy, Secretary of State, to Mr. Peden, June 29, 1854. MSS. Inst., Arg. Rep. The treaty of the Argentine Confederation with France for the free navigation For other treaties as to the same rivers, see supra, § 30. 76 (2) AUSTRIA-HUNGARY. § 141.. Article 1 of treaty of 1870 with the Austro-Hungarian monarchy recognizes the right of an American citizen to change his nationality and become a citizen of Austria; but he must have had a residence in Austria of five years, and have been naturalized there, before the United States is bound to consider the person so naturalized an Austrian citizen. 14 Op., 154, Williams, 1872. See infra, § 171. "The period for exchanging the ratifications of the commercial treaty of 1829 with Austria was extended, with the advice and consent of the Senate (February 3, 1831). The Emperor's consent was expressed in the certificate of ratification February 10, 1831. The treaty was com municated to the House of Representatives by the President on the 2d of March, 1831. "On the 13th of February, 1850, the Senate extended the time for exchanging the ratifications of the treaty of 1848 to July 4, 1850, and the ratifications were exchanged on the 23d of that month. "The naturalization treaty was sent to the Senate on the 12th day of December, 1870, with the correspondence relating to it. The ratifications not being exchanged within the limitations of the treaty, the time was extended three months." Mr. J. C. B. Davis, Notes, &c. (3) BARBARY POWERS. § 141a. "Before the war of Independence, about one sixth of the wheat and flour exported from the United States, and about one-fourth in value of their dried and pickled fish, and some rice, found their best markets in the Mediterranean.' "This trade then employed about 12,000 men and 20,000 tons of shipping, and was protected by British passes. "The war of the Revolution having abrogated this protection, Congress early took into consideration plans for substituting another in its place. "In a sketch for a treaty which that body, on the 17th of September, 1776, agreed that their commissioners should endeavor to conclude with the French King, an article was inserted to the effect that France should protect, defend, and secure, as far as in its power, the subjects, people, and inhabitants of the United States and their vessels and effects against all attacks, assaults, violences, injuries, depredations, or plunderings, by or from the King or Emperor of Morocco, or Fez, and the states of Algiers, Tunis, and Tripoli, and any of them, and every other prince, state, and power on the coast of Barbary, and the commissioners were instructed that this article ought to be obtained, if possible; but should be waived rather than that the treaty should be interrupted by insisting upon it.' The commissioners did not obtain such protec tion. Instead of it, the King of France, in the treaty of 1778, agreed to employ his good offices and interposition' with those powers, 'in order to provide as fully and efficaciously as possible for the benefit, conveniency, and safety of the said United States, and each of them, their subjects, people, and inhabitants, and their vessels and effects, against all violence, insults, attacks, or depredations on the part of the said princes and states of Barbary, or their subjects.' "The recognition of the independence of the United States by Great Britain found no steps taken in this direction, for reasons which appear in the official correspondence. Mr. Adams therefore wrote to the President of Congress on the 10th September, 1783: There are other powers with whom it is more necessary to have treaties than it ought to be; I mean Morocco, Algiers, Tunis, and Tripoli. If Congress can find funds to treat with the Barbary Powers, the ministers here are the best situated. * Ministers here may carry on this negotiation by letters, or may be empowered to send an agent, if nec essary.' ** ** * * * "Congress authorized a commission to be issued to Mr. Adams, Dr. Franklin, and Mr. Jefferson, which was done on the 12th of May, 1784, empowering them, or a majority of them, to treat with Morocco, Algiers, Tripoli, and Tunis, as well as with the several powers of Europe. "On the 28th of March, 1785, these commissioners addressed a joint note to Count de Vergennes, asking his advice upon the conduct of their negotiations, and requesting that the good offices of the French King should be interposed with the Emperor of Morocco, according to the tenor of the eighth article of the treaty of 1778. "Franklin left Paris for America on the 12th of July, 1785,and Adams and Jefferson, finding themselves engaged in the negotiation of treaties with European powers, and having received authority to empower substitutes to negotiate with the Barbary States, in October of that year commissioned Thomas Barclay to negotiate with Morocco, and John Lamb to negotiate with Algiers, and they reported their proceedings to Jay, who referred them to Congress, with a recommendation that they hould be approved. "In the spring of the next year Jefferson was induced to go to London to meet Abdrahaman, the Tripoline embassador, who expressed a desire to negotiate with the commissioners. They found that 30,000 guineas for his employers, and £3,000 for himself, was the lowest terms upon which a perpetual peace could be made,' and that Tunis would treat upon the same terms, but he would not answer for Algiers or Morocco.' These demands were so exorbitant that the negotiations were suspended. "Barclay was, however, instructed to continue his negotiations with Morocco. "By the 16th of July, 1786, a treaty with Morocco was nearly agreed upon. After its conclusion Count de Vergennes wrote to the French minister in the United States: You can assure the Congress that the King will seize with eagerness all occasions to facilitate their good intelligence with the Barbary Powers. *The treaty which has been recently signed with this last power (Morocco) * * will be the best refutation of the suspicions which many public papers are willing to inspire against our system of policy.' "On the death of the Emperor who concluded the treaty, $20,000 was appropriated by Congress to the purpose of effecting a recognition of the treaty with the new Emperor;' and instructions were sent to secure the recognition for the $20,000, if possible; if not, for $25,000. * "The treaty was renewed, or rather recognized, by the new Emperor, who wrote to President Washington: We have received the present at his [the consul's] hands with satisfaction. Continue writing letters to us; we are at peace, tranquillity, and friendship with you, in the same manner as you were with our father, who is in glory.' "In 1803 a Moorish pirate captured an American vessel, which was released by force by an American frigate; and when hostile demonstrations were threatened for this breach of the treaty, the Emperor issued an order that 'the American nation are still, as they were, in peace and friendship with our person, exalted of God.' "The treaty concluded in 1787, to endure for fifty years, was, in its forty-ninth year, renewed for another fifty years, and for such further time as it should remain unaffected by notice. "In 1865 a convention was concluded for maintaining a light-house at Cape Spartel. The correspondence respecting it will be found in the Senate documents. "About the commencement of the year 1791 Mr. Jefferson, the Secretary of State, reported to President Washington that there were held captive as slaves in Algiers two American masters, for whose ransom 3,000 sequins each were demanded; two mates, for whom 2,000 sequins each were asked; and ten sailors, held at 750 sequins each; and he reported to Congress that the navigation into the Mediterranean had not been resumed at all since the peace; and that the sole obstacle had been the unprovoked war with Algiers, and the sole remedy must be to bring that war to an end, or to palliate its effects. "On the 8th of May, 1792, President Washington asked the Senate whether in case a treaty should be concluded with Algiers for the ransom of the thirteen Americans for a sum not exceeding $40,000, the Senate would consent; and whether they would consent to a treaty of peace stipulating for the payment of $25,000 on the signature of the treaty, and a like sum annually? The Senate answered each question in the affirmative, and the President appointed Admiral John Paul Jones a commissioner to negotiate a treaty, with Thomas Barclay as a substitute, in case Jones should not act. Jones died before the appointment could reach him, and Barclay died soon after, without going to Morocco. Col. David Humphreys, then the minister of the United States at Lisbon, was thereupon appointed a plenipotentiary in their place. Eight hundred thousand dollars were placed at his disposal, and he was instructed that the President has under consideration the mode in which the $800,000 may be expended in the purchase of a peace; that is, how much shall be applied to the ransom, and how much to the peace.' More precise instructions followed on the 25th of August, 1794. A Swede named Skjoldebrand, brother of the Swedish consul at Algiers, interested himself in the unfortunate captives, and informed Humphreys (who remained at Lisbon) that a peace could be obtained for the United States for about the following sums (in dollars), viz: For the treasury, in money or timber of construction, fifty thousand; for the. great officers and relations of the Dey, one hundred thousand; consular present, thirty thousand; redemption of slaves, from two hundred to two hundred and fifty thousand; in all, between six and seven hundred thousand; together with an annual tribute of from twenty-five to thirty |