The Treaty Making Power of the United States, Volume 1

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Banks Law Publishing Company, 1902 - Constitutional law
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Contents

15Marshall Story and Gray Calhoun Taney and Tucker
31
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
26 Supremacy 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
32Navassa Islands case
56
33Right of United States to acquire territory
60
34General consensus of opinion in support of Nationality of United States
61
36 Limitations by fundamental principles
62
37Views of exPresident Harrison
63
38 Unsoundness 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
8ECTION 42 Development of United States from a Confederation into a Nation recognition of Sovereignty
72
Pomeroy 72 Halleck 73 Lawrence
76
Section paob
78
habitants of ceded territory
84
Relations with Cuba 104 Mexican inter
103
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
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
76Rule from external standpoints based on international law 139 77Undivided sovereignty of governments exercising jurisdic tion recognized by oth...
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
07Result of the arbitration
161
HISTORICAL REVIEW OF THE TREATYMAKING POWER OF
191
Section page
201
denced in cases of cession of territory
228
CHAPTER XIV
233
CHAPTER V
235
8BCTION PAOB
238
others
246
The Association of 1774 255
255
The treatymaking power of the United States as it has been exer
281
proceedings of the constitutional convention of 1787 relating
285
CHAPTER XV
293
tral Government
294
Extract from Curtis 328 191Letter to Congress accompanying Constitution as to rati
329
dispelled his prophecy fulfilled
338
Certain specific instances in which treatymaking power has been
348
231Ratification by eleven States makes Constitution effective
370
Section pAgi
380
CHAPTER IX
393
273 Numerous other opinions in support of broadest powers
413
276 John C Calhouns views
415
278 This chapter confined to extent of treatymaking power
416
TIIE TBEATVMAKINO POWER AND THE RELATIONS OF B0T1T HOUSES OF CONGRESS THERETO AS THE SAME HAS BEEN THE SUBJ...
417
279 First Congress under Constitution meets earliest tariff stat utes
418
Extract from Thompsons History of the Tariffs
419
281 Department of Foreign Affairs established State Depart ment
420
283 Jays treaty excitement and opposition
421
285 Rights of the people necessity of legislation to enforce the treaty
422
286 General discussion of these questions 123
423
288 Ratification of treaty with amendment
424
291 Request of House of Representatives for papers relating to treaty
425
292 President Washingtons reply to the House
426
293 Effect of Washingtons reply action by the House
427
294 Other treaties ratified by the Senate and before the House
428
295 Fisher Amess address and argument treaty legislation en acted
429
297 Practical results of this method
430
298 Good faith in this respect always shown by Congress
431
299 Subsequent debates in Congress on same subject
432
301 Views of Mr King of Massachusetts 413
433
302 Presentation of other side by Mr Hardin
434
303 Result of conference extract from report
436
Section page
437
Synopsis of cases and decisions and analysis of cases cited
461
CHAPTER XI
515
Containing a list of treaties conventions agreements
532
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Page 218 - No state without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, 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...
Page 266 - 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 265 - No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
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 - 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 176 - 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 naval forces of the United States to carry these resolutions into effect...
Page 520 - That the said report with the resolutions and letter accompanying the same be transmitted to the several legislatures in order to be submitted to a convention of delegates chosen in each state by the people thereof in conformity to the resolves of the convention made and provided in that case.
Page 301 - Resolved, that each branch ought to possess the right of originating acts; that the National Legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, end moreover to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation...
Page 528 - DONE in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven, and of the Independance of the United States of America the Twelfth.
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...

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