The Treaty Power Under the Constitution of the United States: Commentaries on the Treaty Clauses of the Constitution; Construction of Treaties; Extent of Treaty-making Power; Conflict Between Treaties and Acts of Congress, State Constitutions and Statutes; International Extradition; Acquisition of Territory; Ambassadors, Consuls and Foreign Judgments; Naturalization and Expatriation; Responsibility of Government for Mob Violence, and Claims Against Governments. With Appendices Containing Regulations of Department of State Relative to Extradition of Fugitives from Justice, a List of the Treaties in Force, with the International Conventions and Acts to which the United States is a Party, and a Chronological List of Treaties

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Bancroft-Whitney, 1908 - 864 pagini
"Commentaries on the treaty clauses of the Constitution; construction of treaties; extent of treaty-making power; conflict between treaties and acts of Congress, state constitutions and statutes; international extradition; acquisition of territory; ambassadors, consuls and foreign judgments; naturalization and expatriation; responsibility of government for mob violence, and claims against governments. With appendices containing regulations of Department of State relative to extradition of fugitives from justice, a list of the treaties in force, with the international conventions and acts to which the United States is a party, and a chronological list of treaties.

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Cuprins

Refusal of states to observe treaties
10
Want of judicial power to enforce treaties
11
Treaty of peace with Great Britain
12
Same subject
13
Breaches of this treaty
14
Constitution removed this defect
15
Comments of James Madison
17
Comments of Samuel Adams 18 Formation of Constitution
18
Organization of constitutional convention
19
Address to Congress
20
Comments of John
21
CHAPTER II
23
Confederate states had no legal existence
24
25 Constitutional objections to statute
25
Surrender of treaty power to general government
27
Investment by guardian in Confederate bonds 28 Discharge of executor investing in Confederate bonds
28
Confederacy an organized treason
29
Contracts to aid the confederacy void 31 Ordinance of secession a nullity
30
Sale of property of loyal owners 33 Laws in aid of insurrection void
31
Judgments of courts when void
32
No general rule to be applied 36 State cannot negotiate for extradition 37 Holmes case
33
Treaties now govern
35
CHAPTER III
36
Creation of mutual estoppel
46
Contract of state to exempt property from taxation
47
Subsequent statutes directing taxation of such property
48
Compacts relating to property
49
CHAPTER IV
51
Amiable Isabella The 6 Wheat 1 5 L ed 191 132 140
57
64 Views of Mr Clay
63
Adding declaration
65
Proviso adopted by Senate
66
Amendment by declaration of interpretation 68 Views of Department of State
67
Senate resolution controlling meaning of treaty
69
Executive agreements 71 Protocols within Executive authority
71
Instances
73
Suspension of tariff act by President 74 No discretion in President
74
75 Nonintercourse act 76 Suspension and operation of acts dependent upon President
76
Suspension of act prohibiting imports
78
Same subjectContinued
79
Importation of neat cattle
81
80 Products of Cuba and Porto Rico
82
Appropriation of money
83
Moral obligation 83 Alaska purchase
84
Porto Rico as foreign territory 85 Treaty dependent upon legislative action
86
CHAPTER V
87
Postponing operation until approval of Congress
88
Question before the court 90 Reasoning of the court
90
Effect on individual rights
92
Retroactive effect 93 Authority of courts
93
Construction of treaty province of courts
94
Termination of treaties 96 Question a political
95
Violation of treaty by one nation
96
98 Termination of treaties by notice 99 Subject matter covered by later treaty
97
CHAPTER VI
98
Manner in which cause of action arises to be stated
108
CHAPTER VII
109
Construction of treaties a judicial question
111
Interpretation in spirit of good faith 117 Intention to be carried
112
Treaties in two languages
113
Instructions to diplomatic officers 120 Both are originals
114
Construction favorable to execution of treaty 122 Vague and indefinite terms
115
Whole treaty to be taken together 124 Right of property in award
116
Liberal construction
119
Repugnant clauses
120
Construed as a law 128 Courts cannot question rights recognized by nation
121
Jurisdiction of crime on foreign ship
122
Rule declared by supreme court of United States
123
Most favored nation clause
124
Rules of construction codified
125
Extent of treatymaking power
128
General terms used
130
149 Debate in United States Senate
149
Position of the United States
150
Views of Mr Lewis
151
Same subjectIs the treatymaking power limited or unlimited
171
Same subjectLimitation by words of Constitution
173
The tenth amendment
175
No question of state rights involved
177
Implied limitations upon treatymaking power
181
Same subjectMr Roots views
183
Distribution of governmental powers
186
Suits by the government
188
Colored children and the public schools
189
Same facilities for education to be afforded
190
CHAPTER VIII
191
Preexisting treaties
193
Under the authority of the United States
194
Construction of clause
195
167 Treaty is equivalent to an act of Congress 168 Treaty is a contract
196
Tariff laws and treaties
197
Acts admitting states to Union
199
171 Treaties with Indians 172 Acts of admission affecting navigable waters
200
Damages for temporary inconvenience 174 Building bridges
201
Right of nonresident aliens to damages for death of relative
215
Prevention of intrusion on Indian lands a police regulation
216
Covenant not to rent property to a Chinaman
217
CHAPTER IX
224
Same subject 236 Same subjectTreaties of 1783 and 1794
225
Employment of Chinese by corporation
229
Comments
232
Property includes right to labor
234
201 Employment of aliens on public works
235
Right to administration
237
Power of court to appoint attorney for absent heirs displaced by treaty
238
State pilotage laws
239
Trademarks protected by treaty 206 Persons adding to the prevalence of disease
240
Views of majority of court
241
Dissenting views
243
South Carolina dispensary
244
Treaty devesting state of right to
245
Criminal procedure
246
Consuls acting as judges
247
Municipal ordinances
249
Special rights to American citizens
250
Expression of executive department of government
271
238 Dissent from these views 239 In California
273
Constitutionality of statutes
275
People 83 Am Dec 742 note 240
277
Rule recognized that treaty may regulate rights 242 In Delaware
281
In Illinois 244 Existence of treaty
283
Statute not unconstitutional as special
284
Construction of words
285
Allowance of time to sell
287
In Iowa
290
Goods not including lands
292
Treaty contemplating one step of transmission
293
In Kentucky
294
Lapse of time precluding claim
295
United States 161 U S 208 16 Sup Ct Rep 544 40 L
314
TABLE OF CONTENTS xiii
319
Texas 163 U S 207 16 Sup Ct Rep 1023 41 L ed 132 52
327
United States 184 U S 639 22 Sup Ct Rep 507 46 L ed 727 293
334
CHAPTER XI
338
Lesser offense 340 Arrest on prior charge 341 Offense committed pending trial 342 Application for requisition 343 Mandate 344 Who may act as ...
339
Massieu 98 U S 491 25 L ed 213 222
340
300 Delivery to the United States as a matter of comity
342
No power to reciprocate
343
Escape effected by means of foreign vessel 303 Asking extradition as a favor
344
304 Delivery independent of treaty
346
305 Surrender not in pursuance of treaty
347
Delivery under immigration acts 307 Territory occupied by United States 308 Treaty measure of right
348
Crime committed within jurisdiction
349
Crime not complete in one country
350
Irregularities in extradition
351
Indictment and trial valid
352
313 Action by the government
353
Criminal by the law of both countries
354
Bonds and coupons 316 Commonlaw crimes
355
Embezzling public moneys 318 Law of the place
356
Laws of the place of refuge
357
320 Forgery in the third degree
358
321 Retroactive effect of treaties
359
Special stipulation as to time of taking effect 323 Extradition of citizens
360
Treaty provisions
361
Position of the United States
365
Under the Mexican
369
Citizens of another country 328 Political offenses
370
Final decision as to question 330 Some instances
371
Raid at San Ignacio
372
Pilcomayo mutineers
373
Exemption from local jurisdiction
374
Attempt against life of President or other officers
376
Case of anarchists 336 Trial for different offense
377
Pleading other offense
378
CHAPTER XII
404
Indian nation not a foreign state
414
General acts of Congress not applicable to Indians 386 Indians becoming citizens
415
Policy of the United States 388 Effect of treaties with Indians
416
Recognition of executive department followed by courts 390 Liberal construction of treaties
417
May be controlled by legislation 392 Technical meaning of treaties not to be considered
418
Indian tribe not a sovereign nation
419
CHAPTER XIII
420
Courts bound by recognition of President
421
Proof by parol evidence 397 Appointment of ambassadors and consuls
422
398 Citizen appointed diplomatic representative 399 Privileges of ambassadors and ministers
423
Resignation as bar to certiorari 401 Rights and privileges of consuls
424
402 Contract made in official capacity 403 Consular regulations of United States
425
Violation of criminal laws 405 In eastern countries
426
United States court for China
427
What law to prevail
428
Object of this court 409 Common law in force
429
410 Obtaining money under false pretenses
430
411 Suits against consuls
432
Exemption under such statutes not waived by failure to plead 413 Reclamation assessment 414 Concurrent jurisdiction with state courts
434
Right may be waived 416 Compulsory attendance of consuls as witnesses 417 Consular convention with France
436
Insurgent government becoming established 425 Subpoena by a state court 426 Archives privileged
441
American consuls as witnesses 428 Instructions of Department of State
442
Other instances
443
Instructions of Mr Hay Secretary of State 431 Facts within personal knowledge of consul
444
Evidence before courtsmartial 433 Information received in official capacity 434 International law part of the law of United States
445
Reciprocity in foreign judgments
446
Foreign judgments in personam 437 Principle as declared by supreme court of the United States
447
International law founded upon mutuality
448
Dissenting views
449
Subject continuedImpeachment for fraud
451
In the absence of fraud the merits cannot be inquired into 442 Mexican judgments
452
Canadian judgments 444 Rule in England
453
Baltz Brewing Co v Kaiserbrauerer 74 Fed 222 20 C C A 402 205
454
Contract to influence corruptly officer of foreign government 446 Consul cannot assume position antagonistic to his government 447 Jurisdiction o...
455
Liability for false imprisonment 449 Authority of consul in enemys country
456
Power of foreign consul to commence suit in rem 451 Intervention of consul
457
Administration of estates 453 Shipping and seamen
458
Action of consul not conclusive 455 American seamen
459
Fees for prosecution of claim 457 Judicial notice of signature and seal 458 Acknowledgments and affidavits by consular officers
460
CHAPTER XIV
462
Other treaties on same subject
465
Citizens in ceded territory
466
Effect of judgment 468 Setting aside certificate of citizenship under recent
467
Collective naturalization by admission of a state
468
Expatriation of American citizens 471 Statute of 1907
469
CHAPTER XV
472
Federal statute enacted 511 Attacks on Chinese at Denver 512 Views of Mr Evarts Secretary of State 513 Compensation to owners of property
473
Introduction of bill to carry out recommendation
475
President McKinleys recommendation 477 Renewal of recommendation 478 President Roosevelts recommendation
476
Hostility toward Japanese
477
Claims made by the United States
478
Official interference limited to tortious acts
479
Rules of Department of State
480
483 Redress for injuriesWheelocks case
481
Offer of settlement
482
Case of William Wilson
483
486 Zambranos case 487 Case of Dr Shipley
484
488 Grounds for interference
485
489 Courts open for redress
486
490 Montijo controversy
487
Federal government of Colombia responsible for acts of states 492 Same practice in the United States
488
Attack on Chinese at Rock Springs
502
Case of territory
503
American demands on China
504
Views of Mr Bayard Secretary of State 518 Incident devoid of national character
505
China closed to residence
506
No reciprocity intended
507
System of American government known to China
509
President Clevelands special message
511
Views of Senator Edmunds 524 Other allowances for injuries to Chinese residents
513
Explanation of treaty 526 Mafia riots and lynching at New Orleans
514
Demands of the Italian government
515
Withdrawal of American Minister 529 Tender of indemnity
516
Suits to recover damages
517
Killing of Italian subjects in Colorado in 1895
518
Variance between consul and ambassador 533 Action of the United States
519
Lynching of Italians at Hahnville
520
Government citizens agent
521
Contention of Italian ambassador
522
Italians voting
524
Subject closed by appropriation 539 Renunciation of Italian allegiance
527
CHAPTER XVI
542
Court of claims
569
Jurisdictional requirements
570
The Bowman Act 586 Liberal construction of
572
The Tucker
573
Concurrent jurisdiction of district and circuit courts
574
Procedure under the
589
Judgments and appeals
590
Treaty inchoate until ratified 62 Ratification of treaties by Senate
840
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Pagina 7 - ... nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state ; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred...
Pagina 250 - But neither the amendment — broad and comprehensive as it is — nor any other amendment, was designed to interfere with the power of the state, sometimes termed its 'police power,' to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources, and add to its wealth and prosperity.
Pagina 41 - ... strike out one, the petitioners beginning until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as Congress shall direct, shall, in the presence of Congress, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the determination...
Pagina 12 - 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...
Pagina 20 - That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates, chosen in each State by the people thereof, in conformity to the resolves of the convention made and provided in that case.
Pagina 304 - The usage of the world is, if a nation be not entirely subdued, to consider the holding of conquered territory as a mere military occupation, until its fate shall be determined at the treaty of peace. If it be ceded by the treaty, the acquisition is confirmed, and the ceded territory becomes a part of the nation to which it is annexed, either on the terms stipulated in the treaty of cession, or on such as its new master shall impose.
Pagina 236 - keeping the word of promise to the ear, and breaking it to the hope...
Pagina 464 - That any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein.
Pagina 7 - State and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.
Pagina 18 - States; to consider how far a uniform system in their commercial regulations may be necessary to their common interest and their permanent harmony ; and to report to the several states such an act relative to this great object as, when unanimously ratified by them, will enable the United States in Congress assembled effectually to provide for the same...

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