The United States is a nation

Front Cover
Banks Law Publishing Company, 1902

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Contents

16John Randolph Tuckers views
32
17Discussion limited to the treatymaking power
33
19Extent of original State sovereignty
34
20Original nationality and sovereignty of Central Government
37
21Residuum of power
38
22Powers reserved to States relate to internal affairs
39
23Proposition supported by eminent jurists
41
24National Unity expressed in Preamble of Constitution
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
28Views of Chancellor Kent and Joseph Story
47
29Samuel F Millers views
52
30Justice Fields opinion
53
31Views of Justices Gray and Bradley
54
32_Navassa Islands case
56
33Right of United States to acquire territory
60
34General consensus of opinion in support of Nationality of United States
61
36Limitations by fundamental principles
62
37Views of exPresident Harrison
63
38Unsoundness of Mr Harrisons views
64
39Fundamental principles and the first ten amendments
65
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
72
Pomeroy 72 Halleck 73 Lawrence
76
SECTION PAGE
78
habitants of ceded territory
84
SECTION PAGE 64Constitutional limitations or limitations by fundamental principles
129
63Justice 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
134
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 froin internal standpoints
139
77Undivided sovereignty of governments exercising jurisdic tion recognized by other powers
140
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
149
89Mr Websters position
151
90Indemnity ultimately paid to sufferers
153
92Complications arising from the Mafia riots
154
94Mr Blaines position
156
CHAPTER XIV
233
CHAPTER V
235
SECTION PAGE
238
others
246
pendence 25t The Association of 1774 255
255
PROCEEDINGS OF THE CONSTITUTIONAL CONVENTION OF 1787 RELATING
285
CHAPTER XV
293
June 8th
303
178Mr Patersons views contrasted with those of Mr Madison
310
SECTION PAGE
318
191Letter to Congress accompanying Constitution as to rati
329
Extract from Curtis
336
Certain specific instances in which treatymaking power has been
348
SECTION PAGE
356
231Ratification by eleven States makes Constitution effective
370
3 A French view
377
SECTION PAGE
380
fects
391
SECTION PAGE 272Chancellor Kents opinion 412
393
States
400
Consult special index thereto 405409
405
273Numerous other opinions in support of broadest powers
413
Calhouns views
414
277Improper use of treaty stipulations as to urging State legis lation
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
419
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
424
291Request of House of Representatives for pa pers 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
Practical results of this method
430
298Good faith in this respect always shown by Congress
431
Subsequent debates in Congress on same subject
432
Views of Mr King of Massachusetts
433
302Presentation of other side by Mr Hardin
434
303Result of conference extract from report
436
SECTION PAGE
437
Decisions of Federal courts in regard to the relative effect of treaty
457
TABLE OF CONTENTS TO APPENDIX
463
Dooley vs United States No 1 For duties paid in Porto Rico
495
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Page 218 - ... alliance or treaty with any king, prince or state ; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state ; nor shall the United States in congress assembled, or any of them, grant any title of nobility.
Page 2 - No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time ; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Page 90 - In the discussions to which this interest has given rise and in the arrangements by which they may terminate the occasion has been judged proper for asserting, as a principle in which the rights and interests of the United States are involved, that the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European powers.
Page 218 - Congress assembled, shall have the sole and exclusive right and power of determining on peace and war except in the cases mentioned in the sixth article; of sending and receiving ambassadors; entering into treaties and alliances; provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any...
Page 5 - The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. 7 Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation...
Page 47 - RESOLVED, That the preceding Constitution be laid before the United States, in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification...
Page 6 - President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. ARTICLE III Section 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good...
Page 265 - No State shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the United States in Congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by Congress, to the courts of France and Spain.
Page 276 - Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free sovereign and independent states, that he treats with them as such, and for himself, his heirs, and successors, relinquishes all claims to the government, propriety, and territorial rights of the same and every part thereof.
Page 7 - Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. SECTION 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or of the Executive...

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