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

Charles Henry Butler

Banks Law Publishing Company, 1902

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PAGE	1877

17	1882

List of Authorities referred to xxiii	1897

30	1901

31	9

32	11

33

34	1

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 draft President to make treaties September 10th and 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

37	3

38	4

39	7

42	16

INTRODUCTION	1

12The United States is a Nation	10

13States Rights School and Broad Constructionists Note on Kentucky and Virginia Resolutions 29	13

14Eras of Constitutional History of the United States	14

PART I	15

16John Randolph Tuckers views	16

17Discussion limited to the treatymaking power	17

18Duality of Government of United States	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 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

30Justice Fields opinion	53

31Views of Justices Gray and Bradley	54

32Navassa Islands case 42848 47 52 53 54 56 United States 36 Limitations by fundamental principles 37Views of exPresident Harrison 38Unsoundn...	56

35Gradual development of theory of Nationality 60 61	61

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

51Acquisitions of United States never objected to by other	88

72	105

and references	111

60Right to acquire territory based on nationality and sover	117

61eThe Foraker	123

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

Mr 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

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

178Mr Patersons views contrasted with those of Mr Madison	310

195Ratification 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

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

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	492

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Istilah dan frasa umum

acquired adopted American authority Britain Brown called Central Government chapter citizens Claims colonies complete Confederation Congress considered Constitution contained contracting Convention Cuba decisions delegated Department discussion Dist duties edition effect enter established executive exercised existing expressed extent fact Federal follows force foreign foreign powers France History House important independent individual interests international law Island Italy John judges jurisdiction Justice land legislation legislatures limitations MARSHALL matters means ment nature necessary objects Office opinion original passed peace persons political possessed present President principles provisions question ratified recognized referred regard relations Representatives resolution respect result rule says Senate sovereign sovereignty Spain stitution Supreme Court territory thereof tion treaty treaty-making power U. S. Cir U. S. Sup Union United vested views volume whole York

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Judul	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 Volume 1 dari The Treaty Making Power of the United States, Charles Henry Butler
Pengarang	Charles Henry Butler
Penerbit	Banks Law Publishing Company, 1902

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