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PART III.

JUDICIAL DECISIONS AFFECTING THE TREATYMAKING 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.

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318-Subject reviewed thus far from historical and not from judicial standpoint. 320-Views of members of Consti

tutional 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 extent, 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 opinions delivered. 326-Opinions of Justices Chase and Patterson.

327-Opinions of Justices Wilson and Cushing.

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.

331-Fairfax vs. Hunter; Justice Story's opinion; State law and treaties, 1812.

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.

335-Geoffroy vs. Riggs; Justice Field's opinion 1889; the

great extent of the treatymaking power.

336-The Chinese influx; legal questions and treaty rights involved.

337-This chapter devoted to State legislation and treaty rights.

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. 341-California's constitution of

1879; anti-Chinese provisions declared void.

342-California anti-Chinese statutes declared void.

343-Justice Field's opinion in the Chinese Queue Case; 1879.

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