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INDEX.

The references are to pages.

Abarzuza, Don Buenaventura de

Spanish commissioner to conclude treaty of peace with United
States (1898), i, 508, 513

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position as to abrogation of treaties between United States and
Great Britain after war of 1812, ii, 131, n.

Abrogation of Treaties

how effected by Congress, ii, 123

provision for abrogating Indian treaties, ii, 197, n.

of treaties with Spain, note on, ii, 506

See also TREATIES

Absolute Monarchies

in whom lies power to ratify treaties and render them obligatory,
ii, 374, n.

Absolutism

true province of, to maintain national life, ii, 353
Accessions to Treaties

necessity of ratification of, by Senate, ii, 369, n.

Accretion

acquisition of territory by, i, 78

Acheson, J.

cited as to right to hold escaped burglar extradited under other
charge, ii, 265, n.

Acquisition of Territory

dominion over newly acquired territory, i, 4, n.

powers of governing newly-acquired territory by United States dis-

cussed, i, 41

Guano Islands legislation, i, 56

right of United States to acquire territory, i, 60, 62, 153, n.

by United States, i, 72

twice only as result of war, ii, 153

and sovereignty over, part of United States constitutional law, i, 63;

ii, 147, n.

right of sovereign powers to acquire territory, i, 72, 114

methods of, i, 78; ii, 150

The references are to pages.

Acquisition of Territory-continued

opposition to, in United States, i, 116

questions relating to, in United States, belong to political, not judicial department, i, 117

right of United States to acquire and govern territory, based on nationality and sovereignty, i, 117, 118

question as to status of inhabitants of recently acquired territory of the United States, i, 127

to be determined by Congress, i, 131

status of territory acquired by United States by conquest, occupation, and cession, i, 127

early, in United States, largely due to Southern influence, i, 132 United States policy sustained by courts and people, i, 134

the corner-stone of United States prosperity, i, 135

provision of Belgian Constitution in regard to, i, 224, n.

powers of, assumed by Continental Congress, i, 282

right of Congress to impose duties on goods brought from ports in territory acquired by treaty to other ports of the United States, i, 443, n.

effect of treaties on status of territory acquired by treaty of cession, i, 457, n.

possession necessary to complete title, i, 470

how far contemplated in 1787, discussed, i, 480, 481

Congress unrestrained by constitutional limitations, i, 481

résumé of instances under treaty-making power; WHITE, J., in

Downes vs. Bidwell, i, 482

views of WHITE, J., in Downes vs. Bidwell, as to rules of international law applicable thereto, i, 483

effect as to citizenship; views of WHITE, J., in Downes vs. Bidwell, i, 485

effect of military occupation prior to treaty of peace; MARSHALL, Ch. J., quoted by GRAY, J., in Downes vs. Bidwell, i, 490 extent of power referred to by FULLER, Ch. J., in Downes vs. Bidwell, i, 493

alphabetical list of authorities cited in Insular Cases on power of United States to acquire, i, 537

lands under water, in territory out of which States have subse-
quently been carved, held in trust by United States for States
when finally admitted, ii, 158

question for Supreme Court whether treaty-making power can annex
territory and reserve for Congress right to establish status of
inhabitants and extent of political rights, ii, 167–169
power to acquire by treaty or conquest includes right to prescribe
status of inhabitants, ii, 172, n.

does not alone confer political rights upon inhabitants, ii, 175, n.
position of United States in regard to status of inhabitants of ac-
quired territory, ii, 192

The references are to pages.

Acquisition of Territory-continued

status of aborigines of acquired territory, ii, 231, 232

power of United States to determine conditions of, ii, 282

power of acquiring government to hold territory subject to its own
laws, ii, 282, n.

See also ANNEXATION; CEDED TERRITORY; CONQUEST; NEW
POSSESSIONS; and names of countries acquired

Acts of Congress Construed

act of March 24, 1900, for benefit of Porto Rico; BROWN, J., in
De Lima vs. Bidwell, i, 473, 474

Foraker Act (April 12, 1899), providing a civil government for
Porto Rico, involved in Downes vs. Bidwell, i, 475

See also CONSTRUCTION; UNITED STATES CONGRESS
Adams, Charles Frederick

counsel in Insular Cases (De Lima vs. Bidwell), i, 468, 469
Adams, J.

cited as to: Chinese exclusion acts, ii, 118, n.

power of United States to expel, exclude, or deport aliens, ii,
259, n.

Adams, John

a framer of the Constitution, i, 262

seeks enforcement of treaty of peace with Great Britain, i, 268, n.
concludes treaties: with the Netherlands (1782), ii, 278, 280, n.; with
Prussia (1785), i, 279, 284, n.; with Morocco, i, 280
surrender of deserter to Great Britain by, ii, 237, 258

Adams, John Quincy

cited as to Monroe Doctrine, i, 97, n.

favors the Panama Congress, i, 102, n.
Adams, Samuel

a framer of the Constitution, i, 262

an exponent of States' rights, i, 340

position on ratification of Constitution by Massachusetts, i, 345
views on treaty-making power, i, 345

Adams-De Onis Treaty

See TREATIES (between United States and Spain, 1819); and Treaties
Appendix, ii, 506

Administration

jurisdiction of foreign consuls in United States to administer on
effects of citizens of their respective countries, ii, 333

right of United States consuls in foreign countries to administer on
effects of United States citizens dying within their jurisdic-
tion, ii, 341, n.

Admiralty

right of United States courts to take jurisdiction in cases of col-
lision on high seas between vessels of different nationalities,
ii, 329, n.

See also NAVIGATION

Africa

partition of, i, 89

The references are to pages.

international agreement regulating importation of liquor into, ii,

528

African Slave Trade

abstract of treaty with Great Britain in regard to, ii, 447, 448
international agreement for repression of, ii, 525

Agnew, J.

cited as to determination of legislative matters outside the halls of
Congress, ii, 355, n.

Agreements

not to be made by States with foreign Powers or other States except
by consent of Congress, i, 35, n.

not regarded as treaties when entered into: by State with private
individuals, i, 202, n.; between state and church, i, 202, n.; be-
tween sovereigns relative to dynastic pretensions, i, 202, n.
commercial, see COMMERCIAL RELATIONS; DIPLOMATIC AGREE-

MENTS

See also TREATIES, and the names of the various countries
"Agrippa" (James Winthrop)

Constitutional pamphleteer, i, 373, n.

ability in opposing adoption of the Constitution, i, 387, n.
"Alabama" Claims

Treaty of Washington (1871), i, 213, n., 416, n., 431 n. ; ii, 71, 130,
212, n., 213, n., 288, n., 293, n., 315, 321, n., 322, n., 369, n.,
370, n., 374, n., 376, n., 380, n., 381, n.; abstract of, ii, 449

status of, ii, 288, 291, 297, n., 299, n.

Alaman

cited as to Monroe Doctrine, i, 113, n.

Alaska

sale of, by Russia, to the United States, i, 75, n., 76, n., 79, 82, n.,
168, n., 432; ii, 77, 167, n., 171, n., 302, n., 366, n.

no plebiscite in, in 1867, i, 85

opposition to purchase of, i, 133

value, i, 133

status as to duties after ratification of treaty with Russia, i, 168, n.
boundary question before Anglo-American Joint High Commission,

i, 214, n.

purchase of, before the House of Representatives, i, 438, 439
condition in treaty of 1867 as to incorporation with United States
referred to by WHITE, J., in Downes vs. Bidwell, i, 488

effect of treaty of 1867 on citizenship discussed by WHITE, J., in
Downes vs. Bidwell, i, 489

coasting trade with, referred to by BROWN, J., in Porto Rico
Pilotage Case, i, 505

stipulation of treaty with Russia as to citizenship of inhabitants,
ii, 171, n.

The references are to pages.

Alaska-continued

title to church property in, protected under treaty of cession, ii,

180, n.

jurisdiction of Court of Claims over claims arising in, ii, 302, n.
convention ceding, ii, 499

Albany, N. Y.

meeting of commissioners at, in 1754, to discuss plan of union of
Colonies, i, 217, n.

Aldrich, Charles H.,

counsel in Insular Cases (Fourteen Diamond Rings), i, 467
Alexander I.

framer of the treaty of the Holy Alliance, i, 98, n.
Algiers

treaties and conventions with United States, i, 428; ii, 409

See also FRANCE

Alien and Sedition Laws

Kentucky and Virginia Resolutions the outcome of, i, 29, n.
Alienation of Territory

fears of, expressed in Constitutional Convention, i, 317, n.

is it possible without consent of State? i, 413; ii, 391. See also
STATES

right of treaty-making power to alienate public domain and prop-
erty, i, 445, n., 446, n.

views of Jefferson and Hamilton as to power of Central government
concerning, ii, 382, n.

See also TERRITORY

Alien-Labor Laws

of Canada, considered by Anglo-American Joint High Commission,
i, 214, n.

Alien LawS

rights of British property-holders in New York under treaty, not-
withstanding, ii, 37

Aliens

rights of, under treaties made by Continental Congress, i, 267
question of State legislation permitting the holding of real estate
by, i, 410

cannot obtain redress from United States government for failure to
fulfil treaty stipulations, i, 451, 452

but must seek redress through their own governments, i, 452, 453
right to personal liberty, protection of life and property, discussed
by BROWN, J., in Downes vs. Bidwell, i, 479

alphabetical list of authorities cited in Insular Cases on suability of
United States and States by citizens and, i, 550

rights of, to hold land, protected by treaty as against State law, ii,
14, n.

subjects of France not to be considered as, under treaty of 1778, ii, 19
rights of French citizens to purchase and hold lands in United

States, ii, 14-18, 22, 45, n., 127

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