Northeastern boundary, and the questions which were then raised as to the power of the United States to cede a portion of the State of Maine in that adjustment. Inasmuch, however, as the controversy was settled by diplomatic action, and with the consent of the States interested, no judicial decision was ever based thereon, and the legal propositions involved remained undecided, so far as the courts are concerned. In this chapter it is intended to refer to certain instances in which the treaty-making power has been exercised to its widest extent, and far beyond any prerogatives expressly stated in the Constitution, and, possibly, in direct contravention of constitutional limitations, but in which it has also been determined by the Supreme Court that it was properly exercised. After examining these specific instances, in which the treaty-making power has been exercised by the Executive and Legislative departments of the Government, it must be admitted that the United States Government cannot exceed its treaty-making power, unless it shall exercise it to a greater extent than has already and actually been done in these instances.

§ 428. Detailed list of specific acts done under treaties impossible owing to number and variety. To examine all the treaties, three hundred and upwards in number, which have been negotiated by the United States since 1778, and to note all of the different subjects to which the treaty-making power has extended, and the manner in which those subjects have been handled, would be interesting and profitable, but it would be beyond the limits of this chapter and even of this book, although an attempt will be made to do so in an appendix;1 the official compilations of treaties and the analytical and synoptical indices prepared by the State Department should be consulted by any one desiring to obtain this information in detail.2

§ 429. State legislation as controlled by treaty stipulations. As already shown the regulation of the descent of

§ 428.

foreign powers, and the subjectmatter of existing treaties with references to where the treaty it

1 See TREATIES APPENDIX at end of this volume which contains a list of the various treaties with self will be found in full.

For note 2 see p. 241.

property, a matter wholly within the local jurisdiction of the separate States, has been the subject of treaty negotia

2 NOTE ON COMPILATIONS OF TREATIES BETWEEN THE UNITED STATES AND FOREIGN POWERS.

CURRENT EDITIONS, 1889 AND 1899.

All the treaties and conventions, and many of the protocols or diplomatic agreements, of the United States with foreign nations, except postal conventions, will be found in English in the two following official volumes:

Treaties and Conventions concluded between the United States of America and other Powers, since July 4, 1776, compiled by John H. Haswell, containing notes, with references to negotiations preceding the several treaties, to the executive, legislative, or judicial construction of them, and to the causes of the abrogation of some of them; a chronological list of treaties; and an analytical index. Washington, Government Printing Office, 1889.

Compilation of Treaties in Force. Prepared under Act of July 7, 1898, by Henry L. Bryan. Washington, Government Printing Office, 1899.

U. S. STATUTES AT LARGE.

All of the above treaties, conventions and protocols, and also the postal conventions, between the United States and foreign nations will be found in all the languages in which they were respectively executed in:

The United States Statutes at Large. Volume 8 contains all treaties up to 1845, the others will be found in the various volumes at the date of, or shortly after, they were respectively proclaimed by the President.

OTHER OFFICIAL PUBLICATIONS.

The following are more or less complete collections of the treaties of the United States with foreign powers, compiled by authority of the government:

Treaties and conventions concluded between the United States of America and other powers, since July 4, 1776. Revised edition. Containing notes, with references to negotiations preceding the several treaties, to the executive, legislative, or judicial construction of them, and to the causes of the abrogation of some of them; an appendix showing the treaties concluded subsequently to those contained in the text, and a correction of errors and omissions; a chronological list of treaties; an analytical index; and a synoptical index. By J. C. Bancroft Davis, Washington, Government Printing Office, 1873.

For purposes of reference to treaties, etc., to March 3, 1851, see:

A synoptical index to the laws and treaties of the United States of America from March 4, 1789, to March 3, 1851, with references to the edition of the laws published by Bioren and Duane, and to the Statutes at Large, published by Little and Brown, under the authority of Congress. Prepared under the direction of the Secretary of the Senate. Boston, Charles C. Little and James Brown, 1852.

tion and stipulations, with the result that State laws in regard thereto have been declared inoperative, so far as they

Public treaties of the United States in force on the first day of December, 1873. Edited, printed and published under the authority of an act of Congress, and under the direction of the Secretary of State. Washington, Government Printing Office, 1875.

Treaties and conventions concluded between the United States of America and other powers since May 1, 1870. Not contained in Senate executive document No. 36, 41st Congress, 3d session, with some notes in reference thereto. By John L. Cadwalader. Washington, Government Printing Office, 1876.

Digest of the published opinions of the Attorneys-General, and of the leading decisions of the Federal Courts, with reference to international law, treaties and kindred subjects. By John L. Cadwalader. Washington, Government Printing Office, 1877.

For other government documents relating to treaties see preface and notes of Mr. Davis, in Mr. Haskell's edition of treaties and conventions, 1889.

The following volumes also contain much valuable matter on the subject of United States treaties:

Laws of the United States, including all laws passed after the adoption of the Constitution; the Declaration of Independence; the Articles of Confederation; the Constitution of the United States; Treaties and Conventions made between the United States and Foreign Nations; Indian treaties; and the acts, ordinances, or resolutions passed by the Continental Congress prior to the year 1789 that in any degree affected real property, the government of the territories, the organization of the great Executive Departments of the Government, etc., 1815, commonly called "Bioren & Duane's edition."

The American Diplomatic Code, embracing a collection of Treaties and Conventions between the United States and Foreign Powers, from 1778 to 1834, with an abstract of important judicial decisions, on points connected with our Foreign Relations. Also a concise Diplomatic Manual, containing a summary of the Law of Nations from the works of Wicquefert, Martens, Kent, Vattel, Ward, Story, etc., and other diplomatic writings on questions of International Law. Useful for public ministers and consuls, and for all others having official or commercial intercourse with foreign nations. By Jonathan Elliot. In two volumes. Washington, Jonathan Elliot, Junior. First edition 1827, second edition 1834.

A Digest of the Laws of the United States, including the Treaties with Foreign Powers, and an abstract of the judicial decisions relating to the Constitutional and Statutory Law. By Thomas F. Gordon. Philadelphia, Thomas Cowperthwait & Co. Four editions, 4th edition, 1852.

MOORE'S HISTORY OF ARBITRATION.

History and Digest of the International Arbitrations to which the United States has been a Party, together with Appendices containing

conflict with treaty provisions; that condition, however, results from the fact that the United States, through the treaty-making power, directly controls State legislation pursuant to that clause in the Constitution which makes treaties the supreme law of the land; in this chapter it is intended to refer to matters which are not within the jurisdiction of any State, but which affect the people of the United States in their relation to the Federal Government. Possibly in one instance, to wit: that of extradition, it may be said that the exclusive jurisdiction of States over the police power is involved. It is referred to now, however, as to the power of the United States to make and execute treaties, and their effect upon citizens of, or persons under the jurisdiction of, the United States, in which aspects it has not as yet been discussed.

§ 430. Commercial regulations always the subject of treaties. Foreign and interstate commercial relations are, of course, regulated by the United States, and are properly, and without any question, the subject of negotiations, and are regulated, as a general rule, so far as friendly powers are concerned, by treaty stipulations. Clauses relating exclusively to commercial regulations, such as tariff, and tonnage, and to rules of belligerency, such as blockade, capture, right of search, etc., are admittedly within the scope of governmental regulation under, and pursuant to, the treatythe Treaties relating to such Arbitrations, and Historical and Legal Notes on other International Arbitrations, Ancient and Modern, and on the Domestic Commissions of the United States for the Adjustment of International Claims. By John Bassett Moore, Hamilton Fish Professor of International Law and Diplomacy, Columbia University, New York; Associate of the Institute of International Law; sometime Assistant Secretary of State of the United States; author of a work on Extradition and Interstate Rendition, of American notes on the Conflict of Laws, etc. In six volumes. Washington, Government Printing Office, 1898.

INDIAN TREATIES.

For Indian Treaties see note to section 405, p. 250, ante.

§ 429.

1 See cases collated in §§ 324 et seq., chap. XI, ante, and see also views of Pomeroy, Story and Ire

dell on this subject in §§ 266 et seq., vol, I, pp. 405, et seq.

2 Const. U. S., Art. VI,

cl. 2.

making power; the treaty-making power is also supplemented in those cases by other general powers conferred on the Central Government by the Constitution in regard to the regulation of commerce and the management of the affairs of the United States with foreign nations.1

§ 431. Six subjects to be considered in this chapter classified. In this chapter six classes of treaties, and cases affecting the same, will be considered, by which it will appear that the treaty-making power has been exercised to such a great extent that it must be practically unlimited. They will be considered in the following order.

First. Extradition treaties, in which provisions have been made for the Federal Government to surrender fugitives from justice to governments of foreign countries, although the persons surrendered are at the time within the jurisdiction of a State and have not committed any offence against the laws of the United States or of any of the States.1

Second. Treaties of cession, in which stipulations have been made in regard to the treatment of the inhabitants of the ceded territory, and which stipulations have been held to be paramount to all other laws.2

Third. Claims-conventions and other treaties, in which claims of citizens of the United States against foreign governments have been confiscated, satisfied and barred by the Central Government exercising the right of eminent domain.3

Fourth. Trade-marks conventions, in which notwithstanding the fact that Congress cannot protect trade-marks within the United States, except so far as such protection may be incidental to its power to regulate affairs with the Indian tribes, and commerce with foreign countries and between the States, as decided by the Supreme Court in the Trade-Mark Cases, the trade-marks of American citizens are protected under the treaty-making power in foreign countries, and those

§ 430.

1 See Analytical Indexes of subject-matter of treaties in the treaty volumes referred to in note 2 to § 428, p. 241, ante, and also see TREATIES APPENDIX at end of this volume.

§ 431.

1 See §§ 432, et seq., post, pp. 245, et seq., post.

2 See §§ 438, et seq., post, pp. 279, et seq., post.

3 See §§ 442, et seq., post.

4 The Trade-Mark Cases, U. S. Sup. Ct. 1879, 100 U. S. 82, MILLER, J.