The Treaty Making Power of the United States: pt. 1. The United States is a nation. pt. 2. Historical review of the treaty-making power of the United States

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Banks Law Publishing Company, 1902

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Contents

Monroes Messages 90 The Monroo Doctrine
95
Relations with Cuba 104 Mexican inter
103
Opposition to territorial expansion from within and
116
SECTION PAGE 64Constitutional limitations or limitations by fundamental principles
129
65_Justice 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
71_Territorial expansion the Cornerstone of American pros perity
135
CHAPTER III
137
72Subject so far viewed from internal standpoints
138
from 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
83_McLeods connection with the Caroline his arrest by New York State
143
84_Great 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
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
SECTION PAGE
162
107Status of Cuba involved in the Neely case extradition
174
109_National unity as to all foreign powers a principle enun
189
SECTION PAGE
201
121Colonies have no treatymaking power except through
208
except Texas and Hawaii
217
Germany 224 Japan 225 Mex
227
The treatymaking power of the United States as it has been exer
233
CHAPTER V
235
SECTION PAGE
238
141Broader views of Marshall and others
244
The Association of 1774 255
255
PROCEEDINGS OF THE CONSTITUTIONAL CONVENTION OF 1787 RELATING
285
CHAPTER XV
293
169_Convention a unit in lodging treatymaking power in Cen
294
June 8th
303
SECTION PAGE
304
178Mr Patersons views contrasted with those of Mr Madison
310
SECTION PAGE
318
Extract from Curtis
336
248The Federalist No LXXX treatymaking power of Na tional Government necessary for peace of the Union
385
219Authorship of the Federalist
386
250Other publications prior to ratification
387
252George Masons protest
389
234David Ramsays letters Civis
390
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
263 Views 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
2677Judge Cooleys Constitutional Limitations 1874
407
208Professor Pomeroys views
408
269Professor Pomeroys broad views in regard to the Executive and foreign relations
409
270Professor Pomeroy on State statutes and treaty stipulations
410
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
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 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
Subsequent debates in Congress on same subject
432
301_Views of Mr King of Massachusetts
433
302Presentation of other side by Mr Hardin
434
303_Result 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
Dooley vs United States No 1 For duties paid in Porto Rico
495
Copyright

Common terms and phrases

Popular passages

Page 206 - ... 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 206 - 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 513 - 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 514 - 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 513 - Term, be elected as follows: 2. Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress...
Page 265 - It is agreed that creditors on either side, shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.
Page 78 - 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 78 - With the movements in this hemisphere, we are of necessity more immediately connected, and by causes w^hich must be obvious to all enlightened and impartial observers. The political system of the Allied Powers is essentially different in this respect from that of America.
Page 517 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Page 162 - For the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and n'aval forces of the United States to carry these resolutions into effect...

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