... construction of the Canal by the United States, it contemplates rather the construction under the auspices of the United States, either directly at her cost, or by gift or loan of money to individuals ... Law either by a special Act of the legislature, or by custom, or implicitly. Now the practice of the Courts[3] of the United States neither agrees with the doctrine of the former nor with the ... either party to the action of the Supreme Court of the United States. " Congress, however, has not given effect to the suggestion of the President, and the American Courts have not, therefore,...