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This work was commenced in Washington during my sojourn there of 1898-1899, but for the past two years it has been carried on in New York almost entirely in the building of the Association of the Bar of the City of New York and it is not only my duty, but also my pleasure, to express in more than a merely perfunctory manner my appreciation of the great assistance rendered to me by the Librarian and the entire staff of the Association. As an almost daily visitor to the library for over two years I have had every opportunity of testing the efficiency of the staff in charge of the building and the library and in every respect it has been tried and not found wanting.
My work for the present is finished. That of my readers now commences-my greatest hope is that they will not find their task in perusing these pages less interesting than mine has been in writing them.
C. H. B.
BAR ASSOCIATION LIBRARY, NEW YORK CITY,
February 20, 1902.
VIEWS OF THE AUTHOR ON THE TREATY-MAKING POWER OF THE UNITED
STATES, AND THE METHOD OF ITS DISCUSSION AS THE SURJECT-MATTER
1-Government of the United States one of enumerated powers.
2-Exceptions to general rule of limitations of power..
3-Author's general views as to extent of treaty-making power.
4-State legislation not necessary to carry out treaty stipula-
7-Sources of author's information and grounds of his opinion.
8-Nationality and Sovereignty of the United States to be first
9-Plan of discussion of subject.
10 This work confined to United States law and decisions; other
11-Definitions of Terms used in title of chapter....
Note by author on definitions: "Nationality," 16.
"Sovereignty," 16. Bluntschli's views, 18. Cool-
ey's views on sovereignty, 19. Curtis's defini-
tion, 20. J. R. Tucker's views, 22. Bliss on
Sovereignty, 23. Tucker's Blackstone, 23. Mean-
ing of "United States," 24. Attorney General
12-The United States is a Nation....
13-States' Rights School and Broad Constructionists..
Note on Kentucky and Virginia Resolutions, 29.
14-Eras of Constitutional History of the United States......
15-Marshall, Story and Gray; Calhoun, Taney and Tucker..
16-John Randolph Tucker's views....
17-Discussion limited to the treaty-making power.
18-Duality of Government of United States..
19-Extent of original State sovereignty....
20-Original nationality and sovereignty of Central Government.
22-Powers reserved to States relate to internal affairs.
23-Proposition supported by eminent jurists....
24-National Unity expressed in Preamble of Constitution.....
25-Ratification of Amendments by States result of delegation
26-Supremacy of General Government as to objects within its
27-Meaning of "The People of the United States".
Curtis on Marshall and Story, 46.
Note on Guano Island Statutes and data, 56.
33-Right of United States to acquire territory.
34-General consensus of opinion in support of Nationality of
39-Fundamental principles and the first ten amendments..... 65
40-Congress compared, as to powers in national matters, with
41-Simultaneous development of nationality and limitations by
42-Development of United States from a Confederation into a
Nation; recognition of Sovereignty....
43—Right of sovereign powers to acquire territory.
Note on transfer of Territory; views of Publicists:
Note on acquisitions of territory by United States. Ex-
tract from "Our Treaty with Spain," giving list of
45-Cessions of Territory to other powers than United States...
46-Consent of governed not required under international law..
48-Impracticability of ascertaining consent....
49-Special instances in which obtaining consent might be prac-
50-Restrictions on acquisitions of territory by European powers
52-Acquisitions of European powers prevented by United States
Note on Monroe Doctrine: Extracts from President
103. Relations with Cuba, 104. Mexican inter-
vention, 105. Venezuela boundary dispute, 107.
Recent acquisitions, 110. Opinions of publicists'
53-Russia's colonization on Pacific coast stopped...
Extract from F. W. Holls' "Peace Conference". ... 115
59 Opposition to territorial expansion from within, and not
61-Power to govern acquired territory; The Insular cases, 1901. 117
62 The Morman Church case; Justice Bradley's opinion......
67-Government of territories as affected by treaties of cession.. 131
72-Subject, so far, viewed from internal standpoints....
73-Subject now to be viewed from external standpoints....
74-Same distinctions exist as to all federated powers..
75-Recent Insular cases decisions only involve these questions,
76-Rule from external standpoints based on international law.. 139
77-Undivided sovereignty of governments exercising jurisdic-
79-Responsibilities as well as benefits result from this rule.... 141
82-The case of the "Caroline;" Great Britain's position.....
86-Final disposition of the case; McLeod's acquittal..
87-Federal statutes passed to meet similar cases.
96-The "Montijo" case; claims by the United States against
other confederations; federal responsibility for acts of