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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.

vs.

power.

SECTION

SECTION 318-Subject reviewed thus far 331-Fairfax vs. IIunter; Justice from historical and not

Story's opinion; State law from judicial standpoint.

and treaties, 1812. 320_Views of members of Consti. 332_Chirac vs. Chirac; Chief Justutional Convention not al

tice Marshall's opinion, ways followed by courts.

1817. 321—Construction and effect of 333— The Pollard Case ; Justice constitutional provisions

Baldwin's opinion; 1840. to be determined by courts;

334-Hauenstein Lynham; President Jackson's views

Justice Swayne's opinion; as to personal construction.

1879. 322—Views of publicists and 335—Geoffroy vs. Riggs; Justice courts as to extent and

Field's opinion 1889; the scope of treaty-inaking

great extent of the treaty

making power. 323—Treaty-making power to be 336—The Chinese influx; legal considered as to scope and

questions and treaty riglits extent, its effect on State

involved. legislation, and the rela- 337—This chapter devoted to State tive effect of treaties and

legislation and

treaty Congressional statutes.

rights. 324_First important treaty case; 338—Anti-Chinese legislation in Ware vs. Hylton.

Pacific Coast States. 325—Far-reaching effect of deci 339—Interference of Federal judision in Ware vs. Hylton ;

ciary to protect treaty five opinions delivered.

rights of aliens. 326—Opinions of Justices Chase 310—Oregon statute prohibiting and Patterson.

employment of Chinese 327–Opinions of Justices Wilson

laborers declared void. and Cusliing.

341–California's constitution of 328—Justice Iredell's dissenting

1879; anti-Chinese proviopinion.

sions declared void. 329—John Marshall's defeat ; per 342-California anti-Chinese statsonnel of the court.

utes declared void. 330—Ware vs. Hylton the leading 343–Justice Field's opinion in authority for over a cen

the Chinese Queue Case; tury.

1879.

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