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Strother v. Lucas, 12 Pet. 410, 9 L. ed. 1137..
Stupp, In re, 11 Blatchf, 124, Fed. Cas. No. 13,562.
Stupp, In re, 12 Blatchf. 501, Fed. Cas. No. 13,563..

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.
Thomas, In re, 12 Blatchf. 370, Fed. Cas. No. 13,887.

643

616

Tobin v. Walkenshaw, 1 McAll, 186, Fed. Cas. No. 14,070.
Town v. De Haven, 5 Saw. 146, Fed. Cas. No. 14,113.
Townsend v. Greeley, 5 Wall. 326, 18 L. ed. 547

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

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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.
United States v. Clarke, 16 Pet. 228, 10 L. ed. 946..
United States v. Clarke, 8 Pet. 436, 8 L. ed. 1001....

754

754

754

United States v. D'Auterive, 10 How. 609, 13 L. ed. 560
United States v. Delespine, 15 Pet. 319, 10 L. ed. 753..
United States v. Diekelman, 92 U. S. 520, 23 L. ed. 742..
United States v. Douglas, 17 Fed. 634.. . . . .

650, 653

754

739

.632, 633

United States v. Frelinghuysen, 2 Mackey (D. C.), 299
United States v. Hanson, 16 Pet. 196, 10 L. ed. 935

711

754

United States v. Jung Ah Lung, 124 U. S. 621, 8 Sup. Ct. Rep. 663, 31
L. ed. 591

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.
United States v. Reynes, 9 How. 127, 13 L. ed. 74...

662

.650, 653

United States v. Sibbald, 10 Pet. 313, 9 L. ed. 437.
United States v. Texas, 162 U. S. 1, 16 Sup. Ct. Rep. 725, 40 L. ed. 867,. 754
United States v. The Amistead, 15 Pet. 518, 10 L. ed. 826..
United States v. The Peggy, 1 Cranch, 103, 2 L. ed. 49.

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
United States v. Yong Yew, 83 Fed. 832

663

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United States v. Yorba, 1 Wall. 412, 17 L. ed. 630

709

Van Aernam, Ex parte, 3 Blatchf. 160, Fed. Cas. No. 16,824.
Vandervelpen, In re, 14 Blatchf. 137, Fed. Cas. No. 16,844.
Van Hoven, Ex parte, 4 Dill. 411, Fed. Cas. No. 16,858.

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.
Weld & Co. v. United States, 23 Ct. of Cl. 126

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

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§ 9. Congress unable to guarantee observance of treaty obligations.

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§ 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

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(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

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