ver Indian territories,
despite an earlier treaty exemption,[220] have been sustained. When, on
the other hand, definite property rights have been conferred upon
individual Indians, whether by treaty or under an act of Congress, they
are protected by the Constitution to the same extent and in the same way
as the private rights of other residents or citizens of the United
States. Hence it was held that certain Indian allottees under an
agreement according to which, in part consideration of their
relinquishment of all their claim to tribal property, they were to
receive in severalty allotments of lands which were to be nontaxable for
a specified period, acquired vested rights of exemption from State
taxation which were protected by the Fifth Amendment against abrogation
by Congress.[221]

International Agreements Without Senate Approval

The capacity of the United States to enter into agreements with other
nations is not exhausted in the treaty-making power. The Constitution
recognizes a distinction between "treaties" and "agreements" or
"compacts," but does not indicate what the difference is; and what
difference there once may have been has been seriously blurred in
practice within recent decades. The President's power to enter into
agreements or compacts with other governments without consulting the
Senate must be referred to his powers as organ of foreign relations and
as Commander in Chief. From an early date, moreover, Congress has
authorized executive agreements within the field of its powers, postal
agreements, trade-mark and copyright agreements, reciprocal trade
agreements. Executive agreements may also stem from treaties.[222]

ROUTINE EXECUTIVE AGREEMENTS

Many types of executive agreements comprise the ordinary daily grist of
the diplomatic mill. Among these are such as apply to minor territorial
adjustments, boundary rectifications, the policing of boundaries, the
regulation of fishing rights, private pecuniary claims against another
government or its nationals, in Story's words, "the mere private rights
of sovereignty."[223] Crandall lists scores of such agreements entered
into with other governments by the authorization of the President.[224]
Such agreements are ordinarily directed to particular and comparatively
trivial disputes and by the settlement the effect of these cease _ipso
facto_ to be operative. Also there are such time-honored diplomatic
devices as the "protocol" which marks a stage in