Strother v. Lucas, 12 Pet. 410, 9 L. ed. 1137.. Taylor, In re, 118 Fed. 196... PAGE .650, 653 740 620 ... 676 Terlinden v. Ames, 184 U. S. 270, 22 Sup. Ct. Rep. 484, 46 L. ed. 534.. 740 The British Prisoners (In re Sheazle), 1 Wood. & M. 66, Fed. Cas. No. 12,734 669 Thingvalla Line v. United States, 24 Ct. of Cl. 255. 643 616 Tobin v. Walkenshaw, 1 McAll, 186, Fed. Cas. No. 14,070. 709 670 709 Tripp v. Spring, 5 Saw. 209, Fed. Cas. No. 14,180 709 Tucker v. Alexandroff, 183 U. S. 424, 22 Sup. Ct. Rep. 195, 46 L. ed. 264 744 Tully, In re, 20 Fed. 812 United States v. Anguisola, 1 Wall. 352, 17 L. ed. 613. 709 United States v. Arredondo, 6 Pet. 691, 8 L. ed. 547 754 United States v. Blaine, 139 U. S. 306, 11 Sup. Ct. Rep. 607, 35 L. ed. 183 .. 711 United States v. Breward, 16 Pet. 143, 10 L. ed. 916.. 754 United States v. Caldwell, 8 Blatchf. 131, Fed. Cas. No. 14,707 669 United States v. Clarke, 9 Pet. 168, 9 L. ed. 89. 754 754 754 United States v. D'Auterive, 10 How. 609, 13 L. ed. 560 650, 653 754 739 .632, 633 United States v. Frelinghuysen, 2 Mackey (D. C.), 299 711 754 United States v. Jung Ah Lung, 124 U. S. 621, 8 Sup. Ct. Rep. 663, 31 633 United States v. King, 3 How. 773, 11 L. ed. 824.. 650, 653 United States v. Kingsley, 12 Pet. 476, 9 L. ed. 1163. 754 United States v. Lawrence, 13 Blatchf. 295, Fed. Cas. No. 15,573 669 United States v. Lee Yen Tai, 113 Fed. 465, 51 C. C. A. 299.. 634 United States v. Lynde's Heirs, 11 Wall. 632, 20 L. ed. 230....650, 653, 754 United States v. Mill's Heirs, 12 Pet. 215, 9 L. ed. 1061. 754 United States v. Miranda, 16 Pet. 153, 10 L. ed. 920. 751 United States v. Moreno, 1 Wall. 400, 17 L. ed. 633.... 709 United States v. Percheman, 7 Pet. 51, 8 L. ed. 604. . . . . . . . United States v. Philadelphia and New Orleans, 11 How. 609, 13 L. ed. 834... United States v. Rauscher, 119 U. S. 407, 7 Sup. Ct. Rep. 234, 30 L. ed. 425 PAGE 754 ...650, 653 669 United States v. Repentigny, 5 Wall. 211, 18 L. ed. 627. 662 .650, 653 United States v. Sibbald, 10 Pet. 313, 9 L. ed. 437. 754 .753, 754 652 United States v. Trumbull, 48 Fed. 94 627 United States v. Turner, 11 How. 663, 13 L. ed. 857. .650, 653 United States v. Wash, Bee's Adm. Rep. 267.. United States v. Watts, United States v. Wiggins, 14 Pet. 334, 10 L. ed. 481 663 United States v. Yorba, 1 Wall. 412, 17 L. ed. 630 709 Van Aernam, Ex parte, 3 Blatchf. 160, Fed. Cas. No. 16,824. Wadge, In re, 15 Fed. 864, 16 Fed. 332, 21 Blatchf. 300.. Wan Shing v. United States, 140 U. S. 424, 11 Sup. Ct. Rep. 729, 35 L. ed. 503 Ware v. Hylton, 3 Dall. 199, 1 L. ed. 568.. Weiberg v. The St. Oloff, 2 Pet. Adm. 428, Fed. Cas. No. 17,357. 66) 620 620 ... 670 633 662 763 675 Wiegand, In re, 14 Blatchf. 370, Fed. Cas. No. 17,618 Wildenhus, In re, 28 Fed. 924..... 740 619 Wong Yung Quy, In re, 6 Saw. 237, 47 Fed. 717. Wright, In re, 123 Fed. 463 Wright v. Henkel, 190 U. S. 45, 23 Sup. Ct. Rep. 781, 47 L. ed. 948. .670, 67 Yick Wo v. Hopkins, 118 U. S. 356, 6 Sup. Ct. Rep. 1064, 30 L. ed. 220. 633 632 670 § 9. Congress unable to guarantee observance of treaty obligations. § 1. Treaty clauses of the Constitution. The treaty clauses of the Constitution of the United States are: 1. States prohibited from making treaties: (a) "No State shall enter into any Treaty, Alliance, or Confederation; grant letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."'a (b) "No State shall, without the Consent of Congress, lay any Duty of Tonnage, Keep Troops, or Ships of War in Time of Peace, enter into any Agreement or Compact with another State, or with a Foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay." b 2. Power to make treaties: "He [the President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."'c 3. The judicial power extends to treaties: "The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public Ministers and Consuls; to all cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States; -between a State and Citizens of another State;-between Citizens of different States;-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects." d 4. Treaties the supreme law of the land: "This Constitution, and the Laws of the United States, which shall be made in Pursuance thereof; and all Treaties made, or d Article III, section 2, clause 2. b Article I, section 10, clause 3. c Article II, section 2, clause 2. which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."e § 2. Definitions.-Among the various definitions given of treaties we select the following: "A treaty as understood in the law of nations . . . . is an agreement or contract between two or more nations or sovereigns, entered into by agents appointed for that purpose, and duly sanctioned by the supreme power of the respective parties."1 "When we speak of ‘a treaty,' we mean an instrument written and executed with formalities customary among nations."2 "No nation treats with a citizen of another nation except through his government. The treaty, when made, represents a compact between the governments, and each government holds. the other responsible for everything done by their respective citizens under it." 3 "What is a treaty? The answer is, it is a compact formed between two nations or communities, having the right of self-government.' 774 "Laws are always seen, and through that medium people know what they have to do. Treaties are not always seen. Some articles (being what are called secret articles) the public never see. 175 "I consider a treaty . . . . as a solemn promise by the whole nation, that such and such things shall be done, or that such and such rights shall be enjoyed." " "A treaty is in its nature a contract between two or more nations, and is so considered by writers on public law; and by the Constitution it is placed on the same footing and made of like |