The Treaty Making Power of the United States, Svazek 1

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Banks Law Publishing Company, 1902
 

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15Marshall Story and Gray Calhoun Taney and Tucker 31
31
16John Randolph Tuckers views 32
32
17Discussion limited to the treatymaking power 18Duality of Government of United States
33
19Extent of original State sovereignty
34
20Original nationality and sovereignty of Central Government 37
37
21Residuum of power
38
22Powers reserved to States relate to internal affairs
39
23Proposition supported by eminent jurists 38 39 41
41
24National Unity expressed in Preamble of Constitution 25Ratification of Amendments by States result of delegation by People 42
42
26Supremacy of General Government as to objects within its domain
43
27Meaning of The People of the United States
45
Curtis on Marshall and Story 46
46
Professor Von Holst
48
28Views of Chancellor Kent and Joseph Story 29Samuel F Millers views
52
30Justice Fields opinion
53
31Views of Justices Gray and Bradley
54
32Navassa Islands case Note on Guano Island Statutes and data
56
35Gradual development of theory of Nationality
61
36Limitations by fundamental principles
62
37Views of exPresident Harrison
63
38Unsoundness of Mr Harrisons views 93145 47 52 53 54 56 60 ཀྵུཉྩ 60 61 61 62 63
64
39Fundamental principles and the first ten amendments 40Congress compared as to powers in national matters with Parliament of Great Britain
67
41Simultaneous development of nationality and limitations by fundamental principles of natural and healthy growth
69
CHAPTER II
71
42Development of United States from a Confederation into a Nation recognition of Sovereignty 43 Right of sovereign powers to acquire territory
72
Pomeroy 72 Halleck 73 Lawrence
76
45Cessions of Territory to other powers than United States
80
48Impracticability of ascertaining consent
86
Relations with Cuba 104 Mexican inter
103
72
105
and references
111
60Right to acquire territory based on nationality and sover
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61eThe Foraker
123
63Subsequent cases involving same point
129
65Justice Harlans opinion
130
67Government of territories as affected by treaties of cession
131
69States Rights and antiexpansion
132
70Policy of expansion and acquisition sustained by courts and people
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71Territorial expansion the Cornerstone of American pros perity
135
CHAPTER III
137
72Subject so far viewed from internal standpoints
138
75Recent Insular cases decisions only involve these questions from internal standpoints
139
77Undivided sovereignty of governments exercising jurisdic tion recognized by other powers
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79Responsibilities as well as benefits result from this rule
141
81Instances in which the question has arisen
142
83McLeods connection with the Caroline his arrest by New York State
143
84Great Britains position expressed by Mr Fox
145
85Mr Websters reply
146
86Final disposition of the case McLeods acquittal
148
88AntiSpanish riots in New Orleans of 1851
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89Mr Websters position
151
90Indemnity ultimately paid to sufferers
153
92Complications arising from the Mafia riots
154
94Mr Blaines position
156
95Final result of the Mafia cases
157
96The Montijo case claims by the United States against other confederations federal responsibility for acts of State
160
97Result of the arbitration
161
107Status of Cuba involved in the Neely case extradition
174
PART II
191
SECTION PAGE
201
131Treatymaking power as an attribute of sovereignty evi
228
CHAPTER XIV
233
CHAPTER V
235
145The Continental Congress a revolutionary government
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150Treatymaking power assumed by Congress as an attribute
259
154Treaties with France concluded prior to final ratification
265
158Treaty of peace with Great Britain
275
161Other sovereign and national powers exercised by earlier
281
PROCEEDINGS OF THE CONSTITUTIONAL CONVENTION OF 1787 RELATING
285
CHAPTER XV
293
178Mr Patersons views contrasted with those of Mr Madison
310
August 23d
318
187Debate as to ratification of Treaties August 23d
319
196Results of the Convention Washingtons meditation
337
A rising or a setting sun? Franklins doubts dispelled his prophecy fulfilled
338
CHAPTER VII
339
197Constitution to be ratified by States
340
Delaware the first State to ratify
341
201Subsequent protest of minority to force the adoption of amendments
342
202Ratification by New Jersey
343
204Massachusetts Convention meets members composing it
344
205Position of Samuel Adams Constitution ratified
345
206Ratification by Maryland Luther Martins protest
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207The Constitution in South Carolina Mr Pinckneys views
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Certain specific instances in which treatymaking power has been
348
Mr Pringles views
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209Other views expressed on treatymaking power
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211Constitutional convention meets in Virginia
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Extract from Curtis on Patrick Henry
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213Governor Randolphs position
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SECTION PAGE
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231Ratification by eleven States makes Constitution effective
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3 A French view
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SECTION PAGE 243The Federalist No XLV enlargement of congressional powers
380
244The Federalist No LXIV importance of the treatymaking power
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246The Federalist No LXIX the treatymaking power of the United States compared with that of Great Britain
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247The Federalist No LXXV advantages of the United States plan treaties as contracts
384
248The Federalist No LXXX treatymaking power of Na tional Government necessary for peace of the Union
385
249Authorship of the Federalist
386
250Other publications prior to ratification
387
252George Masons protest
389
254David Ramsays letters Civis
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255Public knowledge as to the treatymaking power and its ef fects
391
256Importance of treatymaking power appreciated by the people and by the delegates to State conventions
392
CHAPTER IX
393
258Different status of postratification literature
394
260Opinions of publicistsnot judicial decisionsdiscussed in this chapter
395
262Mr Rawles acquaintance with members of Constitutional Convention
397
263Views of William A Duer 1833
398
264George Ticknor Curtis Constitutional History of the United States
400
265Joseph Story the Commentator of the Constitution
404
266Storys views on Article VI of the Constitution
405
267Judge Cooleys Constitutional Limitations 1874 99
407
268Professor Pomeroys views
408
269Professor Pomeroys broad views in regard to the Executive and foreign relations
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270Professor Pomeroy on State statutes and treaty stipulations
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271Views of Story Iredell and Pomeroy identical as to State statutes and treaty stipulations
411
273Numerous other opinions in support of broadest powers
413
Calhouns views
415
278This chapter confined to extent of treatymaking power
416
CHAPTER X
417
279First Congress under Constitution meets earliest tariff stat utes
418
Extract from Thompsons History of the Tariffs
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281Department of Foreign Affairs established State Depart ment
420
283Jays treaty excitement and opposition
421
285Rights of the people necessity of legislation to enforce the treaty
422
286General discussion of these questions
423
288Ratification of treaty with amendment
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291Request of House of Representatives for papers relating to treaty
425
292President Washingtons reply to the House
426
293Effect of Washingtons reply action by the House
427
294Other treaties ratified by the Senate and before the House
428
295Fisher Amess address and argument treaty legislation en acted
429
297Practical results of this method
430
298Good faith in this respect always shown by Congress
431
299Subsequent debates in Congress on same subject
432
301Views of Mr King of Massachusetts
433
302Presentation of other side by Mr Hardin
434
303Result of conference extract from report
436
man view
447
Decisions of Federal courts in regard to the relative effect of treaty
457
Insular Cases why socalled and questions involved
465
De Lima vs Bidwell For duties unpaid in United States
4
Dooley vs United States No 1 For duties paid in Porto Rico
22
eys views on sovereignty 19 Curtiss defini
28
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