to the domain of the original thirteen States and of the Nation, as they existed in 1787. III. The nationality and sovereignty of the United States, as recognized by every other sovereign power, showing that every other nation recognizes, and always has recognized, the Government of the United States as being equally sovereign with any other government in the world. Part II. Historical review of the treaty-making power of the United States;—consisting of seven chapters (IV-X) as follows: IV. Treaty-making power in general, and especially as an attribute of sovereignty, as exercised by central governments of federated powers, showing that in nearly, if not all, instances of federations it has been necessary to vest the Central Government with full and complete power in regard to the external relations of all the constituent States of the Federation, even as to those matters which otherwise would be exclusively under State jurisdiction. V. The treaty-making power, as it was exercised for, and on behalf of, the colonies prior to, and under, the Articles of Confederation, showing that from the earliest inception of the ideas of independence and union it was a conceded fact. that all relations with foreign powers must be controlled by, and carried on through, the Central Government; also showing the co-ordinate development of the twin ideas of the National unity, and the independence, of the colonies and States. VI. Proceedings of the Constitutional Convention of 1787, in so far as they relate to treaties, and the vesting of the treaty-making power in the Federal Government, showing that it was the unanimous opinion of the members of that Convention that the Central Government should have the widest scope in exercising this power, and that it was essential for the safety of the Union that the making of treaties, and the enforcement thereof, should be placed, practically without limitation, in the hands of the Federal Government. VII. Proceedings of the constitutional conventions of the several States by which the Constitution was ratified, in so far as they relate to the provisions vesting the treaty making power in the Federal Government, showing that the great extent of that power was fully appreciated by the representatives of the people and of the States, and that it was acknowledged by them that the safety of the several States demanded its exercise by the Central Government, to the complete exclusion of the States themselves. VIII. The treaty-making power as a factor in the great National debate of 1787-8, showing that the great extent and scope of the power was thoroughly discussed, and understood, by the people prior to the adoption of the Constitution. IX. Opinions of publicists, historians and expounders of the Constitution as to the extent and scope of the treatymaking power of the United States, showing that the more this subject has been considered, the wider have become the views of those who have studied it, and who have expressed their views in regard thereto. X. The treaty-making power in Congress, the extent and effect of ratification by the Senate, and the participation by the House of Representatives in such ratification, and in legislation based upon treaties, as the same has been the subject of Congressional debate and Congressional action. Part III. Judicial decisions affecting the treaty-making power of the United States, its extent and application;-consisting of six chapters (XI-XVI), as follows: XI. Decisions of the Federal and State courts in regard to treaties made by the United States, and provisions therein, affecting rights and matters which, in the absence of treaty stipulations, are wholly within State jurisdiction, showing that in all such cases the courts of last resort, both State and Federal, have sustained the treaty-making power of the United States, and held that such stipulations are paramount and, of necessity, supersede all State laws which in any manner conflict therewith. XII. Decisions of the Federal courts as to the relative effects of treaties and United States statutes, showing to what extent Congressional legislation is necessary to enforce treaties, how far it can supersede them, and how treaties and United States statutes must be construed when they are in conflict with each other. XIII. Treaties of cession, involving change of sovereignty over the ceded territory, and the effect thereof on laws, persons and property. XIV. The treaty-making power as it has been exercised with Indian tribes, and the relative effect of statutes, State and Federal, and Indian treaties, with some reference to the status of the Indian tribes in the United States, and the rights which the Indians originally possessed, and which they have since acquired under treaties. XV. Special instances in which the treaty-making power has been exercised by the United States, showing that in the instances referred to, both as to the treaties themselves, and the subsequent legislation of Congress based thereon, the United States has exercised the power to the widest extent, and far beyond the domain of Congressional legislation in the absence of treaties. XVI. Limitations on the treaty-making power of the United States as the same have been suggested by publicists, and in the opinions of the Supreme Court, and the conclusions which can be deduced therefrom. 10. This work confined to United States law and decisions; other work contemplated by author. In discussing the subject-matter of this work only authorities of Federal and State Courts of the United States will be cited and relied upon. The question of the extent of the power to be exercised by the United States Government in making and enforcing treaties, is one wholly within our own municipal law, and is not one of international law, or even the subject of diplomatic correspondence; in fact, it is not the intention of the author in this volume to discuss treaties in any aspect except as to the power of the United States Government to make them with foreign powers, and their effect when so made upon State and Federal legislation. As to all foreign countries the United States must be considered as possessing plenary powers, otherwise foreign nations would not negotiate, or conclude treaties with it; how our treaties shall be enforced within the United States-the subjectmatter of this work-is wholly within the jurisdiction of the Federal courts. To exceed these limits would be to extend the work to other fields which are sufficiently extensive to require individual consideration. There are more than a thousand statutes, and a far greater number of judicial decisions which affect the treaty and foreign relations of the United States, and which must be examined and classified in order to fully cover the entire domain of what may properly be called "treaty law." The author hopes to publish at a not far future date a third volume which is now in course of preparation, and to some extent cover treaty law of the United States, including rules as to construction of treaties, and the rights of States and individuals, created and affected thereby. For the present, however, the attention of the reader will be confined to the questions referred to in the previous section, especially those relating to the power and capacity of the Central Government of the United States to negotiate and conclude those agreements with foreign nations, which are so essential to the prosperity and happiness of our neighbors and ourselves, and which, in view of the far-reaching extent of American commerce and enterprise, are daily becoming of more and more importance. 14 |