wares, and merchandise imported into the United States, when he should be 'safisfied' that the discriminating duties of such foreign nation, 'so far as they operate to the disadvantage of the United States,' had been abolished; by the act of March 6, 1866, to declare the provisions of the act forbidding the importation into this country of neat cattle and the hides of neat cattle, to be inoperative, 'whenever in his judgment' their importation 'may be made without danger of the introduction or spread of contagious or infectious disease among the cattle of the United States;' must be regarded as unwarranted by the Constitution, if the contention of the appellants, in respect to the third section of the act of October 1, 1890, be sustained.

"That Congress cannot delegate legislative power to the President is a principle universally recognized as vital to the integrity and maintenance of the system of government ordained by the Constitution. The act of October 1, 1893, in the particular under consideration, is not inconsistent with that principle. It does not, in any real sense, invest the President with the power of legislation. For the purpose of securing reciprocal trade with countries producing and exporting sugar, molasses, coffee, tea, and hides, Congress itself determined that the provisions of the act of October 1, 1890, permitting the free introduction of such articles, should be suspended as to any country producing and exporting them, that imposed exactions and duties on the agricultural and other products of the United States, which the President deemed, that is, which he found to be, reciprocally unequal and unreasonable. Congress itself prescribed, in advance, the duties to be levied, collected and paid, on sugar, molasses, coffee, tea or hides, produced by or exported from such designated country, while the suspension lasted. Nothing involving the expediency or the just operation of such legislation was left to the determination of the President.

"The words, 'he may deem,' in the third section, of course, implied that the · President would examine the commercial regulations of other countries producing and exporting sugar, molasses, coffee, tea and hides, and form a judgment as to whether they were reciprocally equal and reasonable, or the contrary, in their effect upon American products. But when he ascertained the fact that duties and exactions, reciprocally unequal and unreasonable, were imposed upon the agricultural or other products of the United States by a country producing and exporting sugar, molasses, coffee, tea or hides, it became his duty to issue a proclamation declaring the suspension, as to that country, which Congress had determined should occur. He had no discretion in the premises except in respect to the duration of the suspension so ordered. But that related only to the enforcement of the policy established by Congress. As the suspension was absolutely required when the President ascertained the existence of a particular fact, it cannot be said that in ascertaining that fact and in issuing his proclamation, in obedience to the legislative will, he exercised the function of making laws. Legislative power was exercised when Congress declared that the suspension should take effect upon a named contingency. What the President was required to do was simply in execution of the Act of Congress. It was not the making of law. He was the mere agent of the law-making department to ascertain and declare the event upon which its expressed will was to take effect. It was a part of the law itself as it left the hands of Congress that the provisions, full and complete in themselves, permitting the free introduction of sugars, molasses, coffee, tea and hides, from particular countries, should be suspended, in a given contingency, and that in case of such suspensions certain duties should be imposed.

"The court is of opinion that the third section of the act of October 1, 1890, is not liable to the objection that it transfers legislative and treaty-making power to the President.' [Italics supplied.]"

In the Union Bridge Co. v. United States, 204 U. S. 364, the Court quoted extensively and with approval from Field v. Clark. Other cases in which the courts have sustained trade agreements concluded by the President under powers granted him by the Tariff Acts of 1890 and 1897 are Downs v. United States, 187 U. S. 496; Nicholas v. United States, 122 Fed. 892: United States v. Tartar Chemical Co.. 127 Fed. 944; United States v. Julius Wile Bros. & Co., 130 Fed. 331; United States v. Luyties, 130 Fed. 333; Migliavacca Wine Co. v. United States, 148 Fed. 142; La Manna, Azema & Garnan v. United States, 144 Fed. 683; and Mihalovitch, Fletcher & Co. v. United States, 160 Fed. 988.

II

Commercial agreements and arrangements (executive agreements—not including reciprocal trade agreements or arrangements concerning suspension of discriminatory tonnage duties or similar restrictions) between the United States and foreign countries which entered into force without being submitted to the Senate for its advice and consent to ratification

Subject

Exchange of notes referring to Articles 2 and 3 of the Treaty of Amity
and Commerce of February 6, 1778. Signed August 27, September
3 and 9, 1784. 2 Miller, Treaties (1931) 158.

Articles signed at Raiatea September 8, 1826. Description of these
Articles printed in 3 Miller, Treaties (1931) 256-200.
Articles of arrangement with King of Sandwich Islands (Hawaii).
Signed December 23, 1826. 3 Miller, Treaties (1931) 269–272.
Exchange of notes concerning discriminating customs drties.
Signed May 7 and 11, 1829. D. S., 1 Notes from Austrian Lega-
tion; D. S., 4 Notes to Foreign Legations, 183-184.
Commercial regulations signed by the Chiefs of the Samoan Islands
on November 5, 1839. 4 Miller, Treaties (1931) 241-244.
Commercial regulations signed by native Chiefs of the Fiji Islands.
Signed at various places in the Fiji Islands June 10, 1840, and on
various other dates. 4 Miller, Treaties (1931) 275–279.
Agreement made by the Sultan of Sulu. Signed at Sooung (Jolo)
February 5, 1842. 4 Miller, Treaties (1931) 349.

Agreement Concerning Admission of Tobacco. Signed December
24, 1863. 1 Malloy, Treaties (1910) 38.

Agreement Concerning Commercial Relations. Signed at Madrid,
January 2, 1884. 2 Malloy, Treaties (1910) 1680. U. S. Foreign
Relations, (1884) 471-493. Basis-Sec. 2501, Tariff Act of 1883, 22
Stat. 491. This Agreement required the ratification of the Spanish
Cortes. In order to avoid the delay which such action would
necessitate, this Agreement was modified so as not to require
ratification by the Cortes and signed in the modified form February
13, 1884. The latter Agreement superseded the former. Treaty
Series 337.

Agreement Respecting Reciprocal Abolition of Certain Discriminat-
ing Duties in the Ports of the United States and in Cuba and Porto
Rico. Signed at Madrid, February 13, 1884. 2 Malloy, Treaties
(1910) 1681. (Superseded the Agreement signed at Madrid, Jan-
uary 2, 1884.) Proclaimed, February 14, 1884, 23 Stat. 1835. 23
Stat. 750.
Commercial Arrangement. Signed January 31, 1891. Proclaimed
February 5, 1891, 26 Stat. 1563. Effective April 1, 1891. Senate
Exec. Doc. No. 119, 52d Cong., 1st Sess., p. 28; U. S. Foreign Rela-
tions (1891) 44-47. Basis-Tariff Act of October 1, 1890, 26 Stat.
567.
Commercial Arrangement. Signed June 4, 1891. Proclaimed August
1, 1891, 27 Stat. 986. Effective in the United States August 1, 1891.
Id. at 48. Basis-Tariff Act of October 1, 1890, 26 Stat. 567. A
repertory of Schedules A and B of the foregoing Commerical Ar
rangement, signed August 11, 1891, pursuant to provisions of the
Commercial Arrangement of June 4, 1891, is referred to by some
writers as a separate agreement. Treaty Series, 74, 75. Printed in
Senate Exec. Doc. 119, 52d Cong., 1st Sess., pp. 48, 55.
Commercial Arrangement. Signed June 19, 1891. Proclaimed
August 1, 1891, 27 Stat. 982. Transitory Schedule effective in the
United States September 1, 1891; permanent Schedule effective
July 1, 1892. Id. at 35. Basis-Tariff Act of October 1, 1890, 26
Stat. 567.
Commercial Arrangement. Signed December 30, 1891. Proclaimed
May 18, 1892. 27 Stat. 1025. Effective in the United States May
18, 1892. Id. at 98. Basis-Tariff Act of October 1, 1890, 26 Stat. 567.
Commercial Arrangement. Signed December 30, 1891. Proclaimed
December 31, 1891, 27 Stat. 996, 1056. Effective in the United
States December 31, 1891. Id. at 89. Basis-Tariff Act of October
1, 1890, 26 Stat. 567.

Commercial Arrangement. Signed January 30, 1892. Proclaimed
February 1, 1892, 27 Stat. 1004. Effective in the United States
February 1, 1892. Id. at 108. Basis-Tariff Act of October 1, 180,
26 Stat. 567.
Commercial Arrangement. Signed February 1, 1892. Proclaimed
February 1, 1892, 27 Stat. 999. Effective in the United States
February 1, 1892 (effective as to British Guiana April 1, 1872).
Id. at 82. Basis-Tariff Act of October 1, 1890, 26 Stat. 567.

Commercial agreements and arrangements (executive agreements-not including reciprocal trade agreements or arrangements concerning suspension of discriminatory tonnage duties or similar restrictions) between the United States and foreign countries which entered into force without being submitted to the Senate for its advice and consent to ratification—Continued

Subject

Commercial Arrangement. Signed March 11, 1892. Proclaimed
March 12, 1892, 27 Stat. 1009. Effective in the United States March
12, 1892. Id. at 94. Basis-Tariff Act of October 1, 1890, 26 Stat. 567.
Commercial Arrangement (Informal). Signed March 10-April 12,
1892. Archives, Despatches Vol. 107. 18 Clerq. Recueil des Traites
de la France, 434-435. Basis-Tariff Act of October 1, 1890, 26 Stat.
567.
Commercial Arrangement. Signed April 29, 1892. Proclaimed April
30, 1892, 27 Stat. 1023. Effective in the United States April 30, 1892.
Senate Exec. Doc. No. 119, 52d Cong., 1st Sess., p. 103. Basis--
Tariff Act of October 1, 1980, 26 Stat. 567.
Commercial Arrangement. Signed May 25, 1892. Proclaimed May
26, 1892, 27 Stat. 1026. Effective in the United States May 26, 1892.
Id. at 114. Basis-Tariff Act of October 1, 1890, 26 Stat. 567.
Definitive Commercial Arrangement. Signed November 22-29, 1892.
Proclaimed December 27, 1892 (27 Stat. 1056). Effective December
31, 1892. Despatches, Central America. Vol. 55, no. 249 from
Managua. Basis-Tariff Act of October 1, 1890, 26 Stat. 567.
Commercial Modus Vivendi. Signed January 10-11, 1895. U. S.
Foreign Relations (1894) 632-633; (1895) Pt. 2, p. 1185.
Reciprocal Commercial Agreement. Signed May 28, 1898. Pro-
claimed May 30, 1898, 30 Stat. 1898. Effective June 1, 1898. 1
Malloy, Treaties (1910) 542-543. Basis-Tariff Act of July 24, 1897.
Treaty Series 98.

Reciprocal Commercial Arrangement. Signed May 22, 1899. Pro-
claimed June 12, 1900, 31 Stat. 1074. Effective June 12, 1900. 2
Malloy, Treaties (1910) 1463-1464. Basis-Tariff Act of July 24,
1897, 30 Stat. 151. Treaty Series 291.
Reciprocal Commercial Arrangement. Signed February 8, 1900.
Proclaimed July 18, 1900, 31 Stat. 1079. Effective July 18, 1900.
1 Malloy, Treaties (1910), 987-989. Basis-Tariff Act of July 24,
1897, 30 Stat. 151. Treaty Series 182.

Reciprocal Commercial Arrangement. Signed July 10, 1900. Pro-
claimed July 13, 1900, 31 Stat. 1079. Effective July 13, 1900. Treaty
Series 101. 1 Malloy, Treaties (1910) 558-559. Basis-Tariff Act of
July 24, 1897, 30 Stat. 151.

Amendatory Reciprocal Commercial Agreement. Signed August
20, 1902. Proclaimed August 22, 1902. Effective August 22, 1902.
1 Malloy, Treaties (1910) 543-544. Basis-Tariff Act of July 24,
1897, 30 Stat. 151. Treaty Series 410.
Additional and Amendatory Agreement to the Commercial Agree-
ment of May 22, 1899. Signed November 19, 1902. Proclaimed
January 24, 1907, 34 Stat. 3268. Effective January 24, 1907. Treaty
Series 457; 2 Malloy, Treaties (1910) 1466. Basis-Tariff Act of
July 24, 1897, 30 Stat. 151.

Reciprocal Commercial Arrangement by Independent Action of the
Government of Each Country. Proclaimed January 1, 1906,
34 Stat. 3185. Effective January 1, 1906. 2 Malloy, Treaties (1910)
1775-1776. Basis-Tariff Act of July 24, 1897. 30 Stat. 151.
Special Commercial Arrangement. Signed February 18-19, 1906.
Proclaimed February 27, 1906, 34 Stat. 3192. Effective in the
United States March 1, 1906. U. S. Foreign Relations (1906)
Pt. I, 643-644. 1 Malloy, Treaties (1910) 562-563. Basis-Tariff
Act of July 24, 1897, 30 Stat. 151.
Commercial Arrangement. Signed June 5-6, 1906. Proclaimed
September 15, 1906, 34 Stat. 5231. Effective in the United States
September 30, 1906. U. S. Foreign Relations (1906) Pt. I, 141-142.
1 Malloy, Treaties (1910) 158-159. Basis-Tariff Act of July 24,
1897, 30 Stat. 151.

Commercial Agreement. Signed August 1, 1906. Explanatory
Notes exchanged at Madrid, December 20, 1906. Treaty Series
453; 2 Malloy, Treaties (1910) 1718-1721. Basis-Tariff Act of
July 24, 1807, 30 Stat. 151. Proclaimed August 27, 1906, 34 Stat.
3227.
Commercial Agreement. Signed April 22-May 2, 1907. Effective
July 1, 1907. Treaty Series 460; 1 Malloy, Treaties (1910) 563-578.
Basis-Tariff Act of July 24, 1897, 30 Stat. 151. Proclaimed June 1,
1907, 35 Stat. 2141.

Commercial Agreement. Signed May 16, 1907. Proclaimed August
12, 1908, 35 Stat. 2198. Effective August 12, 1908. Treaty Series
505; 2 Malloy, Treaties (1910) 1275-1277. Basis-Tariff Act of
July 24, 1897, 30 Stat. 151.

Commercial Agreement. Signed November 19, 1907. Basis-
Tariff Act of July 24, 1897, 30 Stat. 151. Treaty Series 468; 1 Malloy,
Treaties (1910) 813. Proclaimed December 5, 1907, 35 Stat. 2163.
Additional Commercial Agreement. Signed January 28, 1908.
Effective February 1, 1908. 1 Malloy, Treaties (1910) 547-548.
Basis-Tariff Act of July 24, 1897, 30 Stat. 151. Treaty Series 469.
Proclaimed January 28, 1928, 35 Stat. 2178.

Commercial agreements and arrangements (executive agreements—not including reciprocal trade agreements or arrangements concerning suspension of discriminatory tonnage duties or similar restrictions) between the United States and foreign countries which entered into force without being submitted to the Senate for its advice and consent to ratification-Continued

Subject

Supplemental Commercial Agreement effected by exchange of notes.
Signed February 20, 1909. Effective February 20, 1909. Basis-
Tariff Act of July 24, 1897, 30 Stat. 151. Proclaimed February 20,
1909, 35 Stat. 2229. Treaty Series 517; 2 Malloy, Treaties (1910)
1721-1722.
Supplementary Commercial Agreement. Signed March 2, 1909.
Proclaimed April 24, 1909, 36 Stat. 2492. Effective April 24, 1909.
1 Malloy, Treaties (1910) 994-995. Basis-Tariff Act of July 24,
1897, 30 Stat. 151.
Commercial Arrangement. (Application of the Administrative Pro-
visions of the Commercial Agreement Between the United States
and Germany to Austria-Hungary.) Signed July 22-October 25,
1909. U. S. Foreign Relations (1909) 21-29. Basis-Tariff Act of
August 5, 1909, 36 Stat. 11.

Commercial Arrangement. (Continued Enjoyment by France of
Administrative Provisions of Commercial Agreement Between the
United States and Germany.) Signed August 28, 1909. U. S
Foreign Relations (1909) 254-260. Basis-Tariff Act of August 5,
1909, 36 Stat. 11.

Agreement Exempting Commercial Travelers' Samples from Cus-
toms Inspection. Signed December 3-8, 1910. Effective January
1, 1911. U. S. Foreign Relations (1910) 591-592. Treaty Series 552.
Commercial Arrangements. Signed June 29, 1910. Treaty Series
514. U. S. Foreign Relations (1910) 828-831. Basis-Tariff Act
of August 5, 1909, 36 Stat. 11.

Protocol of Agreement Concerning Exportation of Embargoed Goods
from Russia to the United States. Signed September 23, 1915.
Effective September 23, 1915. 39 Stat. 1638; Treaty Series 618.
Agreement Continuing in Force the Commercial Agreement signed
August 1, 1906. Signed October 6-22, 1923. Treaty Series 693-A.
Agreement According Mutual Unconditional Most-Favored Nation
Treatment in Customs Matters. Signed October 18, 1923. Treaty
Series 672.

Agreement According Mutual Unconditional Most-Favored-Nation
Treatment in Customs Matters. Signed October 29, 1923. Effec-
tive November 5, 1923. Treaty Series 673-A.

Agreement Continuing in Force the Agreement signed September
23, 1915. Signed April 26-27, 1924. Treaty Series 693-A.
Agreement According Mutual Unconditional Most-Favored-Nation
Treatment in Customs Matters. Signed June 11-July 11, 1924.
Effective July 11, 1924. Treaty Series 697.

Agreement According Mutual Unconditional Most-Favored-Nation
Treatment in Customs Matters. Signed August 14, 1924. Effec-
tive August 14, 1924. Treaty Series 696.
Agreement According Mutual Unconditional Most-Favored-Nation
Treatment in Customs Matters. Signed September 25, 1924.
Effective September 25, 1924. Treaty Series 700.

Agreement Prolonging Agreement of October 29, 1923 According
Mutual Unconditional Most-Favored-Nation Treatment in
Customs Matters. Signed December 5, 1924. Treaty Series 705.
Agreement According Mutual Unconditional Most-Favored-Nation
Treatment in Customs Matters. Signed December 9, 1924. Ellee-
tive December 9, 1924. Treaty Series 706.

Agreement According Mutual Unconditional Most-Favored-Nation
Treatment in Customs Matters. Signed February 10, 1925. Effe
tive February 10, 1925, subject to ratification by the Polish Diet.
Treaty Series 727.

Agreement According Mutual Unconditional Most-Favored-Nation
Treatment in Customs Matters. Signed March 2, 1925. Effec
tive August 1, 1925. Treaty Series 722.

Agreement Continuing in Force the Agreement Reached by an
Exchange of Notes on April 26-27, 1924. Signed May 2, 1925.
Treaty Series 716.

Agreement According Mutual Unconditional Most-Favored-Nation
Treatment in Customs Matters. Signed May 2, 1925. Effective
in so far as it concerns import and export duties, May 17, 1925, in
respect of all other matters, December 11, 1925. Treaty Series 715.
Agreement According Mutual Unconditional Most-Favored-Nation
Treatment in Customs Matters. Signed December 23, 1925.
Effective July 10, 1926. Treaty Series 742.
Provisional Commercial Agreement According Mutual Uncondi
tional Most-Favored-Nation Treatment in Customs Matters.
Signed February 1, 1926. Effective April 30, 1926. Treaty Series
Agreement According Mutual Unconditional Most-Favored-Nation
Treatment in Customs Matters. Signed February 26, 1926.
Effective February 26, 1926. Treaty Series 733.
Agreement According Mutual Unconditional Most-Favored-Nation
Treatment in Customs Matters. Signed July 8, 1926. Effective
October 1, 1926. Treaty Series 746.

740.

Commercial agreements and arrangements (executive agreements—not including reciprocal trade agreements or arrangements concerning suspension of discriminatory tonnage duties or similar restrictions) between the United States and foreign countries which entered into force without being submitted to the Senate for its advice and consent to ratification—Continued

Subject

Agreement Extending the Existing Commercial Regime Between
the United States and Spain. Signed October 26-November 7,
1927. Effective November 27, 1927. Treaty Series 758-A.
Modus Vivendi re Tariff Matters. Notes exchanged November 2,
7, 16, 1927. Western European Series No. 1, State Department
Publication No. 30.
Provisional Agreement-Commercial Relations. Signed May 14,
1928. Effective Retroactively May 10, 1928. Executive Agree-
ment Series No. 19.

Provisional Commercial Agreement Providing for Most-Favored-
Nation Treatment in Customs Matters. Signed May 24, 1930.
Effective May 24, 1930. 47 Stat. 2582; Executive Agreement Series
No. 5.
Provisional Commercial Agreement Providing for Most-Favored-
Nation Treatment in Customs Matters. Signed August 20, 1930.
Effective September 1, 1930. 47 Stat. 2593; Executive Agreement
Series No. 8.
Provisional Agreement-Commercial Relations. Signed September
28, 1931. Effective September 28, 1931. (Retroactive from May
22, 1931, in respect of certain tariff concessions accorded to France.)
47 Stat. 2682; Executive Agreement Series No. 26.
Provisional Agreement-Commercial Relations. Signed August 18,
1932. 48 Stat. 1753; Executive Agreement Series No. 41. (Effec-
tive August 18, 1932.)

Provisional Agreement in regard to diplomatic and consular repre-
sentation, judicial protection, commerce and navigation. Signed
November 7, 1933. Effective November 7, 1933. 48 Stat. 1826;
Executive Agreement Series No. 53.

Exchange of Notes amending commercial agreement of October 29,
1923, as prolonged by agreement of December 5, 1924. Signed
March 29, 1936. Effective May 1, 1935. 49 Stat. 3674; Executive
Agreement Series No. 74.

Exchange of Notes Concerning Commercial Relations. Signed July
13, 1935. Effective July 13, 1935. 49 Stat. 3805; Executive Agree-
ment Series No. 81.

Arrangement for limitation of importation of Japanese cotton piece goods into the Philippine Islands. Initialed October 11, 1935. Effective as from August 1, 1935. Not printed; for information regarding the arrangement see State Department Press Releases, Saturday, July 31, 1937.

Provisional Commercial Agreement effected by exchange of notes.
Signed June 12, 1936. Effective June 12, 1936. 49 Stat. 4013; Ex-
ecutive Agreement Series No. 93.

Agreement continuing commercial agreement of July 13, 1935. Signed
July 11, 1936. Effective July 13, 1936. 50 Stat. 1433; Executive
Agreement Series No. 96.

Arrangement extending cotton piece goods arrangement of October
11, 1935. Initialed July 2, 1937. Not printed; for information
regarding the arrangement see State Department Press Releases,
Saturday July 31, 1937.

Exchange of Notes regarding commercial relations. Signed August
4, 1937. Effective August 6, 1937. Proclaimed August 6, 1937.
50 Stat. 1619; Executive Agreement Series No. 105.
Exchange of Notes concerning most-favored-nation treatment.
Signed December 16, 1937. Effective as of December 15, 1937.
51 Stat. 361; Executive Agreement Series No. 116.
Frovisional Commercial Agreement effected by exchange of notes.
Signed January 6 and Pebruary 1, 1938. Effective provisionally
February 1, 1938. 52 Stat. 1479; Executive Agreement Series No.
119.

Provisional Commercial Agreement effected by exchange of notes.
Signed May 12, 1938. Effective May 12, 1938. 52 Stat. 1493;
Executive Agreement Series No. 122.

Arrangement continuing in force the Arrangement of October 11,
1935 concerning cotton piece goods. Initialed July 22, 1938. Not
printed; for information regarding the arrangement see State_De-
partment Press Releases, Saturday July 31, 1937, Saturday July
30, 1938.

Exchange of Notes continuing in force commercial agreement of
August 4, 1937. Signed August 5, 1938. Effective August 6, 1938.
Proclaimed August 5, 1938. Executive Agreement Series No. 132.
Provisional Commercial Agreement effected by exchange of notes.
Signed November 15, 1938. Effective January 1, 1939. Executive
Agreement Series No. 137.

Provisional Commercial Agreement effected by exchange of notes.
Signed February 20 and 24, 1939. Effective provisionally as of
February 1, 1939. Executive Agreement Series No. 144.