The Treaty Making Power of the United States - Charles Henry Butler - Knihy Google

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337-This chapter devoted to State legislation and treaty rights.. 25

338-Anti-Chinese legislation in Pacific Coast States....

339-Interference of Federal judiciary to protect treaty rights

of aliens......

340-Oregon statute prohibiting employment of Chinese laborers

declared void..........

341-California's constitution of 1879; anti-Chinese provisions

declared void....

342-California anti-Chinese statutes declared void.

343-Justice Field's opinion in the Chinese Queue Case; 1879...

344-State statutes upheld; Chinese Laundry Cases....

345-Numerous other decisions involving Chinese treaties and

statutes..... ....

346-Great practical advantages of Federal Judiciary as a forum

for settling disputes as to treaty rights......

347-Treaties with Indians; Chief Justice Marshall's opinion as

to their sanctity; Indian treaties and State laws....

348-Decisions of State courts as to State laws and treaties...

349-The rule in New York..

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356-State laws sustained, as not conflicting with treaty stipula-

tions, by State and Federal courts...

357-Police and taxing powers of the State sustained; The Slaugh-

ter House Cases; Justice Miller's opinion...

358-California decisions in conflict with general rules.........

359-General rule, State statutes must give way when in conflict

with treaty stipulations....

DECISIONS OF FEDERAL COURTS IN REGARD TO THE RELATIVE EFFECT

OF TREATY STIPULATIONS AND CONGRESSIONAL ACTION, PAGES 63-148.

360 Decisions in preceding chapter relate to State legislation... 64

361-Different rules applicable to questions arising from conflict-

ing treaty stipulations and Congressional legislation..... 64

362-Different resulting effects of Congressional action upon trea-

ties classified...........

363-Necessity of legislation to make treaties effectual...

364-Treaties as contracts and as laws; Chief Justice Marshall's

views in Foster vs. Neilson....

365-Treaties when self-operating and when legislation required.. 67

366-Treaty stipulations and tariff statutes....

367-Taylor vs. Morton; opinion of Justice Curtis.

363-Taylor vs. Morton; violations of treaties.....

369—Treaty stipulations and tariff laws; Whitney vs. Robertson.. 69

370-Other treaty stipulations as to tariff; necessity for legislation 71

371-Summary of treaty and tariff decisions..

Notes on treaty and tariff cases: The Sugar cases, 72;

the Opium case, 73; the Russian Hemp case, 74; the
Portuguese Tonnage case, 76; other cases, 77.

372-Treaty-making power cannot appropriate money..

373-Turner vs. Am. Bap. Miss. Union; Justice McLean's opin-

ion as to appropriations.....

374-Treaty stipulations at times self-operative; the British

prisoners; Justice Woodbury's opinion; the Metzgar cases

375-Practical difficulties removed by legislation.....

376-Rights of individuals under treaty stipulations; Head Money

377-Chief Justice Marshall's rule in Foster vs. Neilson reiterated

378-Treaties and statutes; the latest prevails; the Cherokee To-

bacco; Justice Swayne's opinion......

379-Statutes which violate treaties; difference between State

and United States statutes in this respect; the Chinese

Exclusion Laws....

Note on Chinese Exclusion cases: Treaties with China,

87; Chinese Immigration Statutes, 91; Chinese Exclu-

sion cases, 93; Earlier Supreme Court cases, 94; First

Chinese Exclusion case, 95; Non-desirable Alien Exclu-

sion case, 97; Chinese Merchant's case, 98; deportation,

Second Chinese Exclusion case, 103; other points, 107;

delegation of authority by Congress, 107; right of jury

trial, 108; Chinese Baby case, citizenship by birth, 109;

Chinese Wife case, 113; miscellaneous cases in United

States Circuit and District Courts, 114; Mr. Boutwell's

views and summary, 120.

380-Wide scope of decisions in Chinese Exclusion cases........ 102
381-Summary of decisions in cases involving Congressional legis-

lation as to Chinese immigration....

382-Termination of war by treaty of peace.

383-When treaties take effect, as to governments and as to indi-

108

386-Abrogation by implication; Ward vs. Race Horse.

387-Repeals and abrogations by implication not favored..

388-Right of abrogation in general.....

389-These views applied to Clayton-Bulwer treaty...

390-Congressional legislation to carry out treaty stipulations;

Justice Field's opinion in the Ross case..

391-The construction of treaties... . . .

J. C. Bancroft Davis's twelve rules for construction of

treaties, 145; note on favored nation clauses and recip-

rocity statutes and treaties, 148.

TREATIES OF CESSION INVOLVING CHANGE OF SOVEREIGNTY OVER THE

CEDED TERRITORY AND THE EFFECT THEREOF ON LAWS, PERSONS

AND PROPERTY, PAGES 149-194.

392-Treatment of subject necessarily brief and superficial; wide

scope of "change of sovereignity.".

393-Methods of acquisition of territory; cessions during peace

and at the end of war. . . . . .

394-Extent of power and property which passes to the new sov-

ereign by treaties of cession.........

395-The effect on inhabitants of ceded territory; subdivisions of

subject in this chapter.....

395a-The effect on local laws of the ceded territory...

3956-The effect on the allegiance of the inhabitants and their

personal and political rights.....

Extract from Attorney General Grigg's brief in Insular

Cases on citizenship in ceded territory, 171.

395c-The effect on property rights and on title to land............

396-Necessity for legislation to make treaties of cession effect-

ual and to protect property rights..

397-Necessity for compliance with such legislation to preserve

rights and property.

398-International law and its protection of property rights after

cession of territory.....

399-International law an element of the law of the United States. 187

400-Change of sovereignty discussed in this chapter only when

to, and not from, the United States..

THE TREATY-MAKING POWER OF THE UNITED STATES AS IT HAS BEEN

EXERCISED WITH INDIAN TRIBES, PAGES 195-236.

401-Dfficulty of adhering closely to subject; opportunities to di-

402-Necessity of referring to Indian treaties and Indian status.. 196

403-Treaty method of dealing with Indians abolished.......... 197

404 President Washington's message in regard to making treaties

with Indians.....

405-Number of treaties made with Indians before method was

406-Complications under Indian treaties gradually disappearing;

the Dawes Commission....

407-General treaty law applicable to Indian treaties.

408-Chief Justice Marshall's decision in the Cherokee cases com-

409-Original status of Indian Tribes; Chief Justice Marshall's

410-The state of Georgia and the Cherokee Nation; treaties be-

tween States and Indians....

411-Cherokee Nation vs. State of Georgia, 1831; status of Chero-

kee Nation in 1831....

412-Worcester vs. State of Georgia; State laws in conflict with

Indian treaties; Chief Justice Marshall's decision........ 210

413-Same case; Chief Justice Marshall and President Jackson.. 211

414-General rules as to effect of Indian treaties and statutes,

and the construction of Indian treaties.......

415-Unique status of Indian tribes, and peculiar relations be-

tween them and United States...

416 The Cherokee Nation at present; Imperium in Imperio;

other nations...

417-Complications arising from treaty method of dealing with

Indians; anomalous conditions owing to dependent rela-

418-Railroad land grants and treaty reservations...

419-Criminal jurisdiction; treaty provisions and statutes....... 226

420-Indian citizenship; treaties and statutes; status of native

inhabitants of acquired possessions..

421-Abandonment of treaty method proper course for Congress

422-This chapter confined to treaty-making with Indians; no at-

tempt made to review history of relations between United

States and Indians, or to discuss propriety of treatment.. 233

423-Supreme Court has always afforded protection to Indians

both as to rights of property and of person.

President Roosevelt's recommendation, 235.

CERTAIN SPECIFIC INSTANCES IN WHICH TREATY-MAKING POWER HAS

BEEN EXERCISED BY UNITED STATES, PAGES 237-348.

424-Specific instances in which the treaty-making power has been

exercised to be reviewed, before discussing its limitations. 238

425-Justice Field's opinion in Geofroy vs. Riggs again referred to. 238

426-Justice Field's views compared with those of Chancellor

427-Cession of territory involved in the Northeastern Boundary

settlement of 1842.......

428-Detailed list of specific acts done under treaties impossible

owing to number and variety..

429-State legislation as controlled by treaty stipulations..

Note on compilations of treaties between the United

States and foreign powers, 241.

430-Commercial regulations always the subject of treaties..... 243

431-Six subjects to be considered in this chapter classified....

432-Wide extent of treaty-making power exercised in regard to

Extradition, but from its frequent occurrence no longer a

matter of comment.....

Extracts from Spear on Extradition, 246; Authorities on

Extradition, 249.

433-Power of Executive to extradite without treaty...

Spear on the Arguelles case, 251; Mr. Beck on the Ar-

guelles case, 252.

434-Power of Executive to extradite under treaty but without

legislation.....

435-Power of Congress to extradite in absence of treaty....... 259

436-Rights of persons held for extradition from the United

437-Rights of persons extradited to the United States...

Extract from opinions: United States vs. Rauscher, 268;

Ker vs. Illinois, 276.

438-General summary of views in regard to extradition as de-

pending on treaty....

439-Treaties of cession and extent of power exercised....

440-Effect of special clauses in Treaty of Paris on status of in-

441-Effect of special stipulations in treaties of cession..

442-The exercise of the right of eminent domain under the

treaty-making power....

443-Claims against foreign governments as property rights; Jus-

tice Story's opinion in Comegys vs. Vasse..

Note on status of international claims against foreign

governments, 286; status of Alabama, etc., claims, 288;

general cases, 295.

444-Methods of enforcing claims of this nature; courts and com-

missions; National and individual claims distinguished... 298

Note on jurisdiction of the United States Court of Claims,

299; Foreign Relation Committee Reports, 312.

445-Wide extent of this power both as to claims of citizens and

of States; fishery treaties with Great Britain as they affect

State ownership of fisheries......

Memorandum on constitutional points involved in set-

tlement of questions relative to the protection of the

fisheries in boundary waters, 315:

I. Nature of boundary waters and the different kinds of

waters in which the fisheries exist, 316; II. Jurisdic-

tion over the boundary waters by the States, the Fed-

eral Government and the Dominion of Canada, 318;

III. The power of the United States to regulate these

fisheries under the treaty-making provisions of the

Constitution, 321; IV. The enforcement of such reg-
ulations, 323.

446-Limitations on Congress as to trade-marks...

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