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SECTION

432—Wide extent of treaty-making power exercised in regard to

Extradition, but from its frequent occurrence no longer a

matter of comment....

245

Extracts from Spear on Extradition, 246; Authorities on

Extradition, 249.

433— Power of Executive to extradite without treaty.. ... 250

Spear on the Arguelles case, 251; Mr. Beck on the ar-

guelles case, 252.

434—Power of Executive to extradite under treaty but without

legislation

256

433-Power of Congress to extradite in absence of treaty... 259

436—Rights of persons held for extradition from the United

States

261

437–Rights of persons extradited to the United States..

266

Extract from opinions: United States vs. Rauscher, 268;

Ker vs. Illinois, 276.

438—General summary of views in regard to extradition as de-

peuding on treaty...

279

439—Treaties of cession and extent of power exercised..., 280

440—Effect of special clauses in Treaty of Paris on status of in-

habitants ...

281

441—Effect of special stipulations in treaties of cession.

282

442—The exercise of the right of eminent domain under the

treaty-making power...

443—Claims against foreign governments as property rights; Jus-

tice Story's opinion in Comegys vs. Vasse....

286

Note on status of international claims against foreign

governments, 286; status of Alabama, etc., claims, 288;

general cases,

295.

444—Methods of enforcing claims of this nature; courts and com-

missions; National and individual claims distinguished... 298

Note on jurisdiction of the United States Court of Claims,

299; Foreign Relation Committee Reports, 312.

445— Wide extent of this power both as to claims of citizens and

of States; fishery treaties with Great Britain as they affect

State ownership of fisheries ...

314

Memorandum on constitutional points involved in set-

tlement of questions relative to the protection of the

fisheries in boundary waters, 315:

I. Nature of boundary waters and the different kinds of

waters in which the fisheries exist, 316; II. Jurisdic-

tion over the boundary waters by the States, the Fed-

eral Government and the Dominion of Canada, 318;

III. The power of the United States to regulate these

fisheries under the treaty-making provisions of the

Constitution, 321; IV. The enforcement of such reg-

ulations, 323.

446—Limitations on Congress as to trade-marks...

322

447—-Regulation and protection of trade-inarks by treaty.. 325

CHAPTER XVI.

LIMITATIONS ON THE TREATY-MAKING POWER OF THE UNITED STATES,

PAGES 349–404.

SECTION

455--Power must be limited as no unlimited powers exist...... 350

456—Degree of sovereignty retained by the people....

350

457—Treaty-making power and the States' Rights School....... 351

458—Plenary power restrained only by fundamental principles

on which government is based ......

352

459–Limitations, if any, so far undefined and not judicially de-

termined

353

460—Treaties within the domain of the Political Departments of

the Government; effect of their action on Judiciary..... 353

Note on the control of foreign relations by the Execu-

tive, 357

461—Discussion interesting, but necessarily academic; use and

misuse of power.....

361

462—Governmental checks on the treaty-making power.

364

463—Governmental procedure in making treaties.

366

Note on forms of agreements with foreign powers, 367;

I. Treaties and conventions, 367. II. Declarations of

accession to existing treaties, 368. III. Modi Vivendi,

369. IV. Protocols and diplomatic agreements, 370.

V. Reciprocal legislation and executive proclamation,

372.

464-Powers of, and checks upon, ministers plenipotentiary.... 373

465-Necessity of ratification by the Senate; procedure in the

Senate; amendments....

375

Note on The Hague Treaties of 1899, 376; extract from

James Bryce on the Senate as an executive and judi-

cial body, 378.

466-Congressional power over operation of treaties..

382

467—Diversity of opinions in regard to limitations on the treaty-

making power.

381

ANALYTICAL INDEX TO VOLUMES I AND II ARRANGED ACCORDING

TO SUBJECTS AND NAMES WITH REFERENCES TO PAGES ....533-to end

CONTENTS OF VOLUME I.

1

PAGES OF VOL. I
I. Preface ..

i
II. Table of contents of Volume I....

ix
III. List of authorities referred to in Volumes I and II..

xxiii
IV. Table of cases in Volumes I and II......

xli

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