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PART III. JUDICIAL DECISIONS AFFECTING THE TREATY-MAKING POWER OF THE UNITED STATES, ITS EXTENT AND APPLICATION
THL
THE BANKS LAW PUBLISHING CO.
21 MURRAY STREET, NEW YORK
1902
TABLE OF CONTENTS
OF
VOLUME II.
PART III.
JUDICIAL DECISIONS AFFECTING THE TREATY-MAKING POWER OF
THE UNITED STATES, ITS EXTENT AND APPLICATION.
CHAPTER XI.
JUDICIAL DECISIONS IN REGARD TO THE RELATIVE EFFECT OF TREATY
STIPULATIONS AND STATE LAWS, PAGES 1-62.
SECTION
PAGE
319-Subject reviewed thus far from historical and not from judi-
cial standpoint.....
2
....
320-Views of members of Constitutional Convention not always
followed by courts......
321-Construction and effect of constitutional provisions to be
determined by courts; President Jackson's views as to
personal construction..
...
322-Views of publicists and courts as to extent and scope of
treaty-making power....
323-Treaty-making power to be considered as to scope and ex-
tent, its effect on State legislation, and the relative effect
of treaties and Congressional statutes......
324-First important treaty case; Ware vs. Hylton....
325-Far-reaching effect of decision in Ware vs. Hylton; five opin-
ions delivered...
326-Opinions of Justices Chase and Paterson..
327-Opinions of Justices Wilson and Cushing.
328-Justice Iredell's dissenting opinion......
9
329-John Marshall's defeat; personnel of the court....
10
330-Ware vs. Hylton the leading authority for over a century.. 11
331-Fairfax vs. Hunter; Justice Story's opinion; State law and
treaties, 1812....
332-Chirac vs. Chirac; Chief Justice Marshall's opinion, 1817.. 14
333-The Pollard Case; Justice Baldwin's opinion; 1840....
334-Hauenstein vs. Lynham; Justice Swayne's opinion; 1879.. 20
335-Geofroy vs. Riggs; Justice Field's opinion 1889; the great
extent of the treaty-making power...
336-The Chinese influx; legal questions and treaty rights in-
volved..
233
24
.....
25
26
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
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.
27
28
29
350-The rule in Illinois.
38
356-State laws sustained, as not conflicting with treaty stipula-
tions, by State and Federal courts....
48
357-Police and taxing powers of the State sustained; The Slaugh-
ter House Cases; Justice Miller's opinion....
52
358-California decisions in conflict with general rules..
359-General rule, State statutes must give way when in conflict
with treaty stipulations....
59
61
CHAPTER XII.
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....
65
365-Treaties when self-operating and when legislation required.. 67
366-Treaty stipulations and tariff statutes....
367-Taylor vs. Morton; opinion of Justice Curtis..
368-Taylor vs. Morton; violations of treaties....
68
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
cases......
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......
381-Summary of decisions in cases involving Congressional legis-
71
76
78
79
81
82
84
87
102
lation as to Chinese immigration...
108
382-Termination of war by treaty of peace.
123
383-When treaties take effect, as to governments and as to indi-
386-Abrogation by implication; Ward vs. Race Horse..
132
387-Repeals and abrogations by implication not favored..
134
388-Right of abrogation in general.....
135
389-These views applied to Clayton-Bulwer treaty.
138
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.
139
144