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a. According to international law, as recognized by the leading nations of the world, a nation may protect, or demand protection for, its citizens and their property wherever situated. The President of the United States as the Chief Executive is, under the Constitution, primarily charged with the conduct of foreign relations, including the protection of the lives and property of United States citizens abroad, save insofar as the Constitution expressly vests a part of these functions in some other branch of the Government. (For example, the participation of the

Senate in the making of treaties.) It has been an unbroken policy of the President of the United States so to interpret their powers, beginning with the time of President Jefferson down to the present with the exception of President Buchanan.

b. The following pertinent extracts from U. S. Navy Regulations are cited:

On occasion where injury to the United States or to citizens thereof is committed or threatened, in violation of the principles of international law or treaty right, the Commander in Chief shall consult with the diplomatic representative gr consul of the United States and take such steps as the gravity of the case demands, reporting immediately to the Secretary of the Navy all the facts. The responsibility for any action taken by a naval force, however, rests wholly upon the commanding officer thereof.

The use of force against a foreign and friendly state, or against anyone within the territories thereof, is illegal. The right of self-preservation, however, is a right which belongs to states as well as to Individuals, and in the case of states it includes the protection pf the state, its honor, and its possessions, and lives and property of its citizens against arbitrary violence, actual or impending, whereby the state or its citizens may suffer irreparable injury. The conditions calling for the application of the right of self-preservation cannot be defined beforehand, but must be left to the sound judgment of responsible officers, who are to perform their duties in this respect with all possible care and forbearance. In no case shall force be exercised in time of peace otherwise than as an application of the right of self-preservation as above defined. It must be used only as a last resort, and then only to the extent which is absolutely necessary to accomplish the end required. It can never be exercised with a view to inflicting punishment for acts already committed.

Whenever, iii the application of the above-mentioned principles, it shall become necessary to land an armed force in foreign territory on occasion of political disturbance where the local authorities are unable to give adequate protection to life and property, the assent of such authorities, or of some one of them, shall first be obtained, if it can be done without prejudice to the interests involved. Due to the ease with which the Navy Department can be communicated from all parts of the world, no commander in chief, flag officer, or commanding officer shall issue an ultimatum to the representative of any foreign government, or demand the performance of any service from any such representative that must be executed within a limited time, without first communicating with the Navy Department except in extreme cases where such action is necessary to save life. (U. S. Navy Regulations. NR. 722, 723, and 724.)

c. The use of the forces of the United States in foreign countries to protect the lives and property of American citizens resident in those countries does not necessarily constitute an act of war, and is, therefore, not equivalent to a declaration of war. The President, as chief executive of the nation, charged with the responsibility of the lives and property of United States citizens abroad, has the authority to use the forces of the United States to secure such protection in foreign countries.

d. The history of the United States shows that in spite of the varying trend of the foreign policy of succeeding administrations, this Government has interposed or intervened in the affairs of other states with remarkable regularity, and it may be anticipated that the same general procedure will be followed in the future. It is well that the United States may be prepared for any emergency which may occur whether it is the result of either financial or physical disaster, or social revolution at home or abroad. Insofar as these conditions can be predicted, and as these plans and preparations can be undertaken, the United States should be ready for either of these emergencies with strategical and tactical plans, preliminary preparations, organization, equipment, education, and training.