32

former case President Jackson seems to have admitted the French demand for retraction by explanations in a later message.3 In the last year of the World War Executive messages to the legislature became the regular medium of communication between Germany and the United States.33

20. President Presumed to Speak for the Nation.

Finally, from the President's representative character, foreign nations are entitled to presume that his voice is the voice of the nation. Secretary of State Jefferson told French minister Genet that whatever the President communicated as such, foreign nations had a right and were bound to consider "as the expression of the nation's will" and that no foreign agent could be "allowed to question it." 34 As we shall see, this presumption becomes absolute with reference to the facts of action taken by national organs in the United States and practically so with reference to decisions of fact and policy by the nation,35 but with reference to the constitutional law governing the treaty-making power, the foreign nation may in certain cases have to go back of the President's assertions.30

We thus find that, aside from their cognizance of state and national laws, foreign nations can officially communicate with the United States only through the President. Communication of governments with private individuals on claims and with representatives of de facto or belligerent governments are of an unofficial character. Furthermore, all official utterances of the President are of international cognizance and are presumed to be authoritative.

Government, lest that Government should construe our silence into approbation, or toleration even, of the principles which appear to have guided its action and the means it has adopted." Moore, Digest, 1: 222.

32 Message, Dec. 7, 1835, Moore, Digest, 7: 125.

33 See speeches of President Wilson, Premier Lloyd George of Great Britain, Count Czernin of Austria and Count Hertling of Germany before their respective legislative bodies in 1918, printed in Dickinson, ed., Documents and Statements relating to Peace Proposals and War Aims, London, 1919.

34 Moore, Digest, 4: 680; Corwin, op. cit., p. 47.

35 Infra, sec. 21.

36 Infra, sec. 24 et seq.