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THE
TREATY-MAKING POWER
OF THE
UNITED STATES
BY
CHARLES HENRY BUTLER
OF THE NEW YORK BAR
VOL. II.
PART III. JUDICIAL DECISIONS AFFECTING THE TREATY-MAKING POWER OF THE UNITED STATES, ITS EXTENT AND APPLICATION
LIBRARY
LELAND STANFORD JJUNIOR UNIVERSITY
THE BANKS LAW PUBLISHING CO.
21 MURRAY STREET, NEW YORK
1902
Copyright, 1902,
BY THE BANKS LAW PUBLISHING CO.
TABLE OF CONTENTS
OF
VOLUME II.
PART III.
JUDICIAL DECISIONS AFFECTING THE TREATY-MAKING POWER OF
THE UNITED STATES, ITS EXTENT AND APPLICATION.
CHAPTER XI.
JUDICIAL DECISIONS IN REGARD TO THE RELATIVE EFFECT OF TREATY
STIPULATIONS AND STATE LAWS, PAGES 1-62.
SECTION
PAGE
319-Subject reviewed thus far from historical and not from judi-
cial standpoint.....
2
320-Views of members of Constitutional Convention not always
followed by courts......
321-Construction and effect of constitutional provisions to be
determined by courts; President Jackson's views as to
personal construction...
322-Views of publicists and courts as to extent and scope of
treaty-making power.....
323-Treaty-making power to be considered as to scope and ex-
.....
tent, its effect on State legislation, and the relative effect
of treaties and Congressional statutes....
324-First important treaty case; Ware vs. Hylton...............
325-Far-reaching effect of decision in Ware vs. Hylton; five opin-
ions delivered....
326-Opinions of Justices Chase and Paterson...
327-Opinions of Justices Wilson and Cushing..
5
6
7
8
9
10
328-Justice Iredell's dissenting opinion.....
329-John Marshall's defeat; personnel of the court....
330-Ware vs. Hylton the leading authority for over a century.. 11
331-Fairfax vs. Hunter; Justice Story's opinion; State law and
treaties, 1812.....
......
13
14
18
332-Chirac vs. Chirac; Chief Justice Marshall's opinion, 1817..
333-The Pollard Case; Justice Baldwin's opinion; 1840..
334—Hauenstein vs. Lynham; Justice Swayne's opinion; 1879.. 20
335-Geofroy vs. Riggs; Justice Field's opinion 1889; the great
extent of the treaty-making power.....
336-The Chinese influx; legal questions and treaty rights in-
337-This chapter devoted to State legislation and treaty rights.. 25
338-Anti-Chinese legislation in Pacific Coast States...
339-Interference of Federal judiciary to protect treaty rights
of aliens...
340-Oregon statute prohibiting employment of Chinese laborers
declared void...
25
26
2228
27
341-California's constitution of 1879; anti-Chinese provisions
declared void.....
2222
28
342-California anti-Chinese statutes declared void..
343-Justice Field's opinion in the Chinese Queue Case; 1879.... 29
344-State statutes upheld; Chinese Laundry Cases..
345-Numerous other decisions involving Chinese treaties and
statutes.....
....
346-Great practical advantages of Federal Judiciary as a forum
for settling disputes as to treaty rights......
347-Treaties with Indians; Chief Justice Marshall's opinion as
to their sanctity; Indian treaties and State laws.....
348-Decisions of State courts as to State laws and treaties..
349-The rule in New York.
31
350-The rule in Illinois..
38
356-State laws sustained, as not conflicting with treaty stipula-
tions, by State and Federal courts.....
48
357-Police and taxing powers of the State sustained; The Slaugh-
ter House Cases; Justice Miller's opinion.....
358-California decisions in conflict with general rules..
359-General rule, State statutes must give way when in conflict
with treaty stipulations.....
CHAPTER XII.
DECISIONS OF FEDERAL COURTS IN REGARD TO THE RELATIVE EFFECT
OF TREATY STIPULATIONS AND CONGRESSIONAL ACTION, PAGES 63-148.
360-Decisions in preceding chapter relate to State legislation... 64
361-Different rules applicable to questions arising from conflict-
ing treaty stipulations and Congressional legislation..... 64
362-Different resulting effects of Congressional action upon trea-
ties classified......
65
363-Necessity of legislation to make treaties effectual..
364-Treaties as contracts and as laws; Chief Justice Marshall's
views in Foster vs. Neilson....
365-Treaties when self-operating and when legislation required.. 67
366-Treaty stipulations and tariff statutes.....
367-Taylor vs. Morton; opinion of Justice Curtis..