The Treaty Making Power of the United States - Charles Henry Butler - Google Книги

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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..

21-Residuum of power...

20-Original nationality and sovereignty of Central Government. 37

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

by People.......

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.

Professor Von Holst, 48.

28-Views of Chancellor Kent and Joseph Story..

29-Samuel F. Miller's views..

30 Justice Field's opinion....

31-Views of Justices Gray and Bradley.

32-Navassa Islands case......

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

United States...

35-Gradual development of theory of Nationality..

36-Limitations by fundamental principles...

37-Views of ex-President Harrison. . . . .

38-Unsoundness of Mr. Harrison's views...

39-Fundamental principles and the first ten amendments....

40-Congress compared, as to powers in national matters, with

Parliament of Great Britain....

41-Simultaneous development of nationality and limitations by

fundamental principles of natural and healthy growth... 69

THE NATIONALITY AND SOVEREIGNTY OF THE UNITED STATES AS EVI-

DENCED BY ACQUISITION OF TERRITORY.

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:

Pomeroy, 72. Halleck, 73. Lawrence, 76.

44-Methods of acquisition of territory..

Note on acquisitions of territory by United States.

tract from "Our Treaty with Spain," giving list of

acquisitions, 79.

45-Cessions of Territory to other powers than United States... 80

46-Consent of governed not required under international law.. 83

47-The United States has never asked the consent of the in-

habitants of ceded territory.....

48-Impracticability of ascertaining consent..

49-Special instances in which obtaining consent might be prac-

50- Restrictions on acquisitions of territory by European powers

under "balance of power" theory.....

51-Acquisitions of United States never objected to by other

52-Acquisitions of European powers prevented by United States

under Monroe Doctrine....

Note on Monroe Doctrine: Extracts from President

Monroe's Messages, 90. The Monroe Doctrine, 95.

The Announcement, 97. The Holy Alliance, 98.

The Panama Congress, 102. Other Congresses,

103. Relations with Cuba, 104. Mexican inter-

vention, 105. Venezuela boundary dispute, 107.

Recent acquisitions, 110. Opinions of publicists

and references, 111.

53-Russia's colonization on Pacific coast stopped..

54-England, Central and South America, and the Monroe Doc-

55-Spain, Cuba, and the Monroe Doctrine..

56-Louis Napoleon, Mexico, and the Monroe Doctrine..

57-Germany and Samoa..

58-Monroe Doctrine and the Peace Conference at The Hague;

Extract from F. W. Holls' "Peace Conference"........ 115

59-Opposition to territorial expansion from within, and not

from without...

.......

......

60-Right to acquire territory based on nationality and sover-

61-Power to govern acquired territory; The Insular cases, 1901. 117

61a-Status of new possessions...

616-Porto Rico and the Dingley Act..

61c-The status of the Philippines; the Diamond Ring case....

62-The Morman Church case; Justice Bradley's opinion....

67-Government of territories as affected by treaties of cession.. 131

68-Special clauses in treaty with Spain of 1898...

69-States' Rights and anti-expansion. . . .

70-Policy of expansion and acquisition sustained by courts and

THE NATIONALITY AND SOVEREIGNTY OF THE UNITED STATES AS RECOG-

NIZED BY OTHER SOVEREIGN POWERS.

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,

from internal standpoints......

76-Rule from external standpoints based on international law.. 139

77—Undivided sovereignty of governments exercising jurisdic-

tion recognized by other powers..

78-Central government of federations the only one recognized

by foreign powers..........

79-Responsibilities as well as benefits result from this rule.... 141

80-Author's views briefly expressed......

81-Instances in which the question has arisen..

82-The case of the "Caroline;" Great Britain's position..

83-McLeod's connection with the "Caroline"; his arrest by

New York State....

84—Great Britain's position expressed by Mr. Fox..

85-Mr. Webster's reply...

86-Final disposition of the case; McLeod's acquittal........

87-Federal statutes passed to meet similar cases.

88-Anti-Spanish riots in New Orleans of 1851...

[blocks in formation]

96-The "Montijo" case; claims by the United States against

other confederations; federal responsibility for acts of

97-Result of the arbitration..

98-Decision of the Umpire.....

99-Moore's History of International Arbitration...

100-Importance of the "Montijo" decision on the position of the

United States.......

101-Different meanings of the term "United States" when con-

sidered from external and internal standpoints again re-

ferred to......

102-Official definition of the word "country

103-Status of territory conquered by military forces of the Uni-

104-Fleming vs. Page; The Tampico Duty case; Chief Justice

Taney's opinion....

105-The position reversed; The Castine case; War of 1812; Jus-

tice Story's opinion..

106-Status of Cuba....

The Teller Resolution, 173. Stipulations as to Cuba

in Spanish treaty, 174. The Foraker amendment,

175. Executive Orders, 175. Decision in Neely

vs. Henkel, 175. The Platt Amendment, 175.

107-Status of Cuba involved in the Neely case; extradition.... 174

Opinion in full in note, 178.

108-Uncertainty as to status of Cuba from internal standpoint... 179

109-National unity as to all foreign powers, a principle enun-

ciated by the Congress of the Confederation and continued

until the present time..

HISTORICAL REVIEW OF THE TREATY-MAKING POWER OF THE

THE TREATY-MAKING POWER AS AN ATTRIBUTE OF SOVEREIGNTY AND

AS EXERCISED BY CENTRAL GOVERNMENTS OF CONFEDERATED POW-

ERS. PAGES 191-234.

110-Ancient origin of treaties.

111-Treaty-making always vested in highest powers: Professor

114—In confederations the treaty-making power is in the central

government......

117-Constitutional limitations on treaty-making...

Extract from Glenn, 202.

118-Commencement of modern period of international law..... 203

119-Disregard of colonies in treaties made by European powers

as to American affairs......

Note on treaties affecting America, and extracts

therefrom, 204.

120-Treaty-making power of Great Britain vested in the Crown. 205

Extract from Anson on the Crown, 207.

121-Colonies have no treaty-making power except through the

122-Status of Dominion of Canada as to treaty-making power. 211

123-Concrete example of above principles.....

Note on Anglo-American Joint High Commission

124-Actual practice to appoint Commissioners from locality af-

125-Territorial origin of States of the Union..

126-No State or Territory ever possessed treaty-making power

except Texas and Hawaii. . . .

127-That of Texas and Hawaii ceased on their becoming part of

the United States....

128-Treaty-making power of Germany..

Extracts from Burgess, 220.

129-Treaty-making power of South American countries.....

130-Other instances of treaty-making power.....

Note on treaty-making power of several countries:

Belguim, 223. Germany, 224. Japan, 225. Mex-

ico, 225. Honduras, 226. Venezuela, 226.

gentine Republic, 227. The Confederate States,

131-Treaty-making power as an attribute of sovereignty evi-

denced in cases of cession of territory..

132-General application of principles....

133-Power only to be exercised by governments possessing com-

plete sovereignty.....

Extracts from Lawrence, 233. Phillimore, 234.

TREATIES, AND THE TREATY-MAKING POWER OF THE UNITED STATES AS

EXERCISED PRIOR TO AND UNDER THE CONFEDERATION.

134-Treaty making and sovereignty as to colonies by central gov-

ernments.......

135-Colonies as the subject of treaties between European powers. 236

136-Nature of allegiance of American colonies to mother coun-

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