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

Front Cover
Banks Law Publishing Company, 1902

From inside the book

Contents

18Duality of Government of United States PAGE
18
17
28
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 38 39
41
24National Unity expressed in Preamble of Constitution 25Ratification of Amendments by States result of delegation by People
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
Professor Von Holst
48
28Views of Chancellor Kent and Joseph Story 29Samuel F Millers views
52
Justice 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
Limitations by fundamental principles 47 52 53 54
62
37Views of exPresident Harrison
63
Unsoundness of Mr Harrisons views ཙཊུ33 ྂ 61 61 62 63
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 43Right of sovereign powers to acquire territory
72
Pomeroy 72 Halleck 73 Lawrence
76
47The United States has never asked the consent of the
84
22
98
Relations with Cuba 104 Mexican inter
103
72
105
58Monroe Doctrine and the Peace Conference at The Hague
114
61cThe status of the Philippines the Diamond Ring case
122
The Morman Church case Justice Bradleys opinion
129
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
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
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
95Final result of the Mafia cases
157
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
SECTION PAGE
238
others
246
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
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
346
207The Constitution in South Carolina Mr Pinckneys views
347
Certain specific instances in which treatymaking power has been
348
Mr Pringles views
349
209Other views expressed on treatymaking power
352
211Constitutional convention meets in Virginia
353
Extract from Curtis on Patrick Henry
354
213Governor Randolphs position
355
SECTION PAGE
356
CHAPTER VIII
371
3 A French view
377
SECTION PAGE 243The Federalist No XLV enlargement of congressional powers
380
244The Federalist No LXIV importance of the treatymaking power
381
246The Federalist No LXIX the treatymaking power of the United States compared with that of Great Britain
383
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
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
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
267Judge Cooleys Constitutional Limitations 1874
407
268Professor 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
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
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
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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 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 277 - 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 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 90 - 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 3 - 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 174 - 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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