dent.[253] The Executive
Agreement thus became, in an era in which the instability of
international relations forbade successful efforts at treaty-making, the
principal instrument of Presidential initiative in the field of foreign
relations. Whether the United Nations Charter and the Atlantic Pact
signalize the end of this era will doubtless appear in due course.

EXECUTIVE AGREEMENTS BY AUTHORIZATION OF CONGRESS

"The first known use of the executive agreement under the Constitution
of the United States," writes Dr. McClure, "was for the development of
international communication by means of the postal service. The second
Congress, in establishing the Post Office, which had theretofore been
dealt with through legislation carrying it on from year to year, enacted
that 'the Postmaster General may make arrangements with the Postmasters
in any foreign country for the reciprocal receipt and delivery of
letters and packets, through the post-offices.' It was further provided
that this act, of February 20, 1792, should 'be in force for the term of
two years, from the * * * first day of June next, and no longer.'"[254]

Reciprocal Trade Agreements

Under later legislation executive agreements, or what in effect were
such, have been authorized by which American patents, copyrights, and
trade-marks have secured protection abroad in return for like protection
by the United States of similar rights of foreign origin.[255] But the
most copious source of executive agreements has been legislation which
provided basis for reciprocal trade agreements, with other
countries.[256] The culminating act of this species was that of June 12,
1934, which provided, in part, as follows: "* * *, the President,
whenever he finds as a fact that any existing duties or other import
restrictions of the United States or any foreign country are unduly
burdening and restricting the foreign trade of the United States and
that the purpose above declared will be promoted by the means
hereinafter specified, is authorized from time to time--'(1) To enter
into foreign trade agreements with foreign governments or
instrumentalities thereof'; and '(2) To proclaim such modifications of
existing duties and other import restrictions, or such additional import
restrictions, or such continuance, and for such minimum periods, of
existing customs or excise treatment of any article covered by foreign
trade agreements, as are required or appropriate to carry out any