The framers of the American Constitution did not anticipate or desire the conclusion of many treaties. For this reason they made the process of treaty conclusion difficult, requiring that the President act only with the advice and consent of two-thirds of the Senators present, some even wishing to require adhesion of the House of Representatives or a two-thirds majority of the entire Senate.

This hope, however, has scarcely been realized. With a total of 595 treaties from its foundation to August, 1914, the United States has averaged more than four a year, and for the twentieth century fifteen a year, or a treaty ratified every three weeks. Along with the steady increase in the number of treaties concluded a year, there has been a change in their usual character. Jefferson’s warning against “entangling alliances” might be interpreted as a warning against treaties, for at that time the faithful observance of treaties commonly amounted to passive if not active alliance. Aside from definite guarantees of offensive or defensive alliance, the pious hope of “perpetual peace and amity” between the contractuaries, special privileges in war and neutrality, reciprocal favors in commerce and navigation, the termination of war, transfer of territory, fixation of boundaries, and recognition of status were the common subjects of treaty stipulation. The provisions were of a character indicating the competitive nature of international society. By mutually enjoying special privileges, the contracting states hoped to improve their political position with respect to other states of the world. Thus the carrying out of treaty provisions was ordinarily a matter for the political organs of government.

The origin of the right of angary is traceable to early Roman times, and a study of its origin and development throws much light on the right as it is understood today. Several writers on international law refer to the first chapter, 41st verse, of Saint Matthew’s Gospel, as showing a possible origin of the term angary. This verse reads:

The Greek word for compel or force is also cited, and it is clear that the idea of compelling some service was linked up with the early notion of angary.

The following passage from the Justinian Code (529 A.D.) shows the word angary in its noun form, and shows that all classes alike were subject to the law: