The Treaty Making Power of the United States, Volume 1

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Banks Law Publishing Company, 1902
 

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ERAL
66
CHAPTER II
71
Recent acquisitions 110 Opinions of publicists
97
Extract from F W Holls Peace Conference
115
principles
129
63Justice Harlans opinion
130
674Government of territories as affected by treaties of cession
131
69_States 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
75 Recent Insular cases decisions only involve these questions from internal standpoints
139
77Undivided sovereignty of governments exercising jurisdic tion recoguized by other powers
140
79_Responsibilities 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
85M1 Websters reply
146
86Final disposition of the case McLeods acquittal
148
88AntiSpanislı 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
PART II
191
118Commencement of modern period of international law
203
122Status of Dominion of Canada as to treatymaking power
211
126_Vo State or Territory ever possessed treatymaking power
217
130Other instances of treatymaking power
223
132General application of principles
232
SECTION PAGE
380
CHAPTER IX
393
Consult special index thereto 405409
405
273Numerous other opinions in support of broadest powers
413
Calliouns views
414
277Improper use of treaty stipulations as to urging State legis lation
415
278_This chapter confined to extent of treatymaking power
416
CHAPTER X
417
310
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
288 Ratification 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 Ilouse
427
294Other treaties ratified by the Senate and before the House
428
295 Fisher 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
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
Insular Cases why socalled and questions involved
465
13
Downes vs Bidwell For dut paid in United States on mer
Dooley vs United States No 1 For duties paid in Porto Rico
14
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Halaman 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.
Halaman 91 - Our policy in regard to Europe, which was adopted at an early stage of the wars which have so long agitated that quarter of the globe, nevertheless remains the same, which is, not to interfere in the internal concerns of any of its powers ; to consider the government de facto as the legitimate government for us; to cultivate friendly relations with it, and to preserve those relations by a frank, firm, and manly policy; meeting, in all instances, the just claims of every power, submitting to injuries...
Halaman 305 - 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, and 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...
Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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...
Halaman 277 - It is agreed, that the Congress shall earnestly recommend it to the Legislatures of the respective States, to provide for the restitution of all estates, rights, and properties, which have been confiscated, belonging to real British subjects...

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