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 (Google eBook)

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Banks Law Publishing Company, 1902 - Constitutional law
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Contents

15Marshall Story and Gray Calhoun Taney and Tucker 81
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
2ftSupremacy of General Government as to objects within its domain
43
27Meaning of The People of the United States
46
28Views of Chancellor Kent and Joseph Story
47
SECTION
48
29Samuel F Millers views
52
30Justice Fields opinion
53
31Views of Justices Gray and Bradley
54
32Navassa Islands case
56
83Right of United States to acquire territory
60
85Gradual development of theory of Nationality
61
SVLimitations 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 Halluck 73 Lawrence
76
SECTION PAOB
78
habitants of ceded territory
84
SECTION PAGE oftConstitutional limitations or limitations by fundamental principles
129
M55Justice Harlans opinion
130
o7Government of territories as affected by treaties of cession
131
69States Kigkts 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 Elaines 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
07Result of the arbitration
161
106 Status of Cuba
174
SECTION PAGE 186Treaties the supreme law resolutions regarding same
186
PART II
191
SECTION PAGE
201
121Colonies have no treatymaking power except through
208
131Treatymaking power as an attribute of sovereignty evi
228
The treatymaking power of the United States as it has been exer
233
185Discussion of draft Colonel Masons views August 15th
316
August 23d
318
187Debate as to ratification of Treaties August 23d
319
188Amendments to draft as to treaties August 25th
321
190Committee to make final drafl President to make treaties September 10th aud 12th
326
Extract from Curtis
328
191Letter to Congress accompanying Constitution as to rati fication by the people instead of by legislatures of the States
329
192Constitution adopted September 15th
330
193Constitution signed Convention adjourned September 17th
331
in jRatification of the Constitution by the people Madisons views
332
Extract from Hares American Constitutional Law 335 Extract from Curtis
336
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
198Delaware 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
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
231Ratification by eleven States makes Constitution effective
370
SECTION PAOK
380
CHAPTER IX
393
Consult special index thereto 405409
405
272Chancellor Kents opinion
412
27oNumerous other opinions in support of broadest powers
413
Calliouns views
414
277Improper use of treaty stipulations as to urging State legis lation
415
278This chapter confined to extent of treatymaking power
416
THE TREATYMAKING POWER AND THE RELATIONS OF BOTH HOUSES OF CONGRESS THERETO AS THE SAME HAS BEEN THE SUBJ...
417
SKCTION 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
207 Practical results of this method
430
98Good faith in this respect always shown by Congress
431
209Subsequent 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
492
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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 525 - 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 526 - 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 525 - 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 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 529 - 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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