The United States is a nation. Historical review of the treaty-making power of the United States

Przednia okładka
Banks Law Publishing Company, 1902
 

Spis treści

29Samuel F Millers views
52
33Right of United States to acquire territory
60
Parliament of Great Britain
67
PAGE
71
Note on acquisitions of territory by United States
79
48Impracticability of ascertaining consent
86
Relations with Cuba 104 Mexican inter
103
and references
111
60Right to acquire territory based on nationality and sover
117
62
128
SECTION PAGE 64Constitutional limitations or limitations by fundamental principles
129
65Justice 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
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
107Status of Cuba involved in the Neely case extradition
174
The Morman Church case Justice Bradleys opinion
191
116 Views of Professor Hall
200
SECTION PAGE
201
131Treatymaking power as an attribute of sovereignty evi
228
CHAPTER XIV
233
CHAPTER V
235
138Chisholm vs Georgia views of Chief Justice
242
145The Continental Congress a revolutionary government
253
204Massachusetts Convention meets members composing it
344
Certain specific instances in which treatymaking power has been
348
266
351
Mr Pringles views
352
SECTION PAGE
356
231Ratification by eleven States makes Constitution effective
370
3 A French view
377
268
383
250Importance of treatymaking power appreciated by
392
275
393
Views of William A Duer 1833
398
265Joseph Story the Commentator of the Constitution
404
Consult special index thereto 405409
405
270Professor Pomeroy on State statutes and treaty stipulations
410
273Numerous other opinions in support of broadest powers
413
Calhouns views
415
278This chapter confined to extent of treatymaking power
416
281
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
61ƒ
443
316Treaty with Denmark considered in this respect tariff leg
452
Insular Cases why socalled and questions involved
465
355
493
Dooley vs United States No 1 For duties paid in Porto Rico
495
13
17
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Strona 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.
Strona 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...
Strona 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...
Strona 2 - Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time ; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Strona 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.
Strona 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.
Strona 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...
Strona 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...
Strona 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...
Strona 471 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.

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