to determine exactly the form
and scope of the matter to be arbitrated and to appoint the arbitrators.
Professor J.B. Moore, in the article to which reference has already been
made, enumerates thirty-nine instances in which provision has thus been
made for the settlement of pecuniary claims. Twenty of these were claims
against foreign governments, fourteen were claims against both
governments, and five against the United States alone." Willoughby, On
the Constitution, I, 543.

[269] A Decade of American Foreign Policy, S. Doc. 123, 81st Cong., 1st
sess., 126.

[270] A Decade of American Foreign Policy, S. Doc. 123, 81st Cong., 1st
sess., 158.

[271] United States _v._ Hartwell, 6 Wall. 385, 393 (1868).

[272] 7 Op. Atty. Gen. 168 (1855).

[273] It was so assumed by Senator William Maclay. _See_ Journal of
William Maclay (New York, 1890), 109-110.

[274] 5 Benton, Abridgment of the Debates of Congress, 90-91; 3 Letters
and Other Writings of James Madison (Philadelphia, 1867), 350-353,
360-371.

[275] 10 Stat. 619, 623.

[276] 7 Op. Atty. Gen. 220.

[277] 35 Stat. 672; _see also_ The act of March 1, 1893, 27 Stat. 497,
which purported to authorize the President to appoint ambassadors in
certain cases.

[278] 22 U.S.C. Sec. 1-231.

[279] 11 Benton, Abridgement of the Debates of Congress, 221-222.

[280] S. Misc. Doc. 109, 50th Cong., 1st sess., 104.

[281] S. Rept. 227, 53d Cong., 2d sess., 25. At the outset of our
entrance into World War I President Wilson dispatched a mission to
"Petrograd," as it was then called, without nominating the Members of it
to the Senate. It was headed by Mr. Elihu Root, with "the rank of
ambassador," while some of his associates bore "the rank of envoy
extraordinary."

[282] _See_ George Frisbie Hoar, Autobiography, II, 48-51.

[283] Justice Brandeis, dissenting in Myers _v._ United States, 272 U.S.
52, 264-274 (1926).

[284] _See_ data in Corwin, The President, Office and Powers (3d ed.)
418. Congress has repeatedly designated individuals, sometimes by name,
more frequently by reference to a particular office, for the performance
of specified acts or for posts of a nongovernmental character; e.g., to
paint a picture (Jonathan Trumbull), to lay out a town, to act as
Regents of Smithsonian Institution, to be managers of Howard Institute,
to select a site for a post office or a prison, to restore the
manuscript of the Declaration of Independence, to erect a monument at
Yo