Imágenes de páginas
PDF
EPUB

The references are to pages.

International Law-continued

an element of the law of the United States, ii, 187, 224, n.

decisions that principles of, should govern dealings with Indians,
ii, 223

defines rights and prescribes duties of nations in their intercourse
with each other, ii, 224, n.

exterritoriality of warships a matter of courtesy, not of right under,
ii, 343, n., 344, n.

ministers of one country bound to know constitutional limitations
on powers of ministers of another, ii, 374

an English opinion of American decisions on, ii, 378, n.
1 as to principles governing extradition, see EXTRADITION
International Relations

control of, in United States, vested in Central government, ii, 97, n.
Interpretation

of Constitution. See CONSTRUCTION; UNITED STATES CONSTITU-

TION

of statutes.

See CONSTRUCTION; STATUTES

Interstate Commerce

taxation of; FULLER, Ch. J., and BROWN and WHITE, JJ., in Second
Dooley Case, i, 570, 572, 573, 581

regulated by United States, ii, 243

Invasions

power of Congress to repel, ii, 124, n.
Ionian Islands

ceded to Greece, i, 82, 83, n.

Iowa

rule in, as to rights of aliens under treaty stipulations, ii, 40
Iredell, James

views on: treaty-making power, i, 365, 366, 389

State statutes and treaty stipulations, i, 411; ii, 243, n.

right of United States to make treaties in regard to State mat-
ters, ii, 7, 9-11, n.

right of United States courts to enforce observance of treaties,
ii, 144, n.

member of North Carolina Constitutional Convention, i, 366; ii,
10, 11

Constitutional pamphleteer ("Marcus"), i, 373, n.

Isle of Pines

status of, i, 177, n.

Israel, Children of

compact with the Gibeonites, i, 192

Isthmus of Panama

the Monroe doctrine and the right of transit over, i, 104, n.

Italians

right, under treaty, of employment on municipal work, notwith-

standing State law, ii, 37

Italy

The references are to pages.

acquires Venetia, i, 83 and n.

annexation of Neapolitan provinces to, i, 84, n.

signatory to Treaty of Berlin (1878), i, 89, n.

the Mafia riots in New Orleans, i, 153-160

subjects of, exempt from Louisiana succession tax, under treaty of
1871, ii, 54, n.

status of Italian formerly resident in United States, detained under
alien immigrant law, ii, 118, n.

reciprocity with, ii, 373, n.

treaties with United States (1868), ii, 263, n., 273, n., 336, n., 466:
(1871), ii, 37, 49, 54, n., 72, n., 131, n., 348, n., 466: (1878), ii,

348, n.

list of treaties and conventions with, ii, 466

proclamations affecting, ii, 468

See also Two SICILIES

Jackson, Andrew

nationality of United States asserted by, i, 55, n.

message on the recognition of Texas, i, 231, n.

views regarding: submission to Congress of commercial treaties, i,
437

personal construction of Constitution, ii, 4

the Cherokee Nation question, ii, 208, 211

Jackson, J.

cited as to: paramountcy of treaty stipulations to State laws, ii,
15, n.

Japan

criminal jurisdiction in Indian reservations, ii, 231, n.

consular courts in, i, 210, n.; ii, 338, n., 341, n.-346

treaty-making power of, i, 225, n.

question of validity of action of consular court in, ii, 140 et seq.
authority of German and Dutch consuls in, to make regulations

having force of law, ii, 344, n.

question as to right of government of, to enforce against foreigners
pilotage, etc., regulations, ii, 344, n.

criminal jurisdiction of United States consuls in, over foreign sea-
men on American merchant vessels, ii, 345, n.

right of municipal councils to sue United States citizens in consular
courts, ii, 345, n.

abolition of consular courts in, ii, 345, n.

trial of John Ross before consular court, ii, 345, n., 346

treaties with United States (1857), ii, 141, n., 345, n., 346, 468; (1858),
ii, 141, n., 345, n., 346, 469; (1894), ii, 345, n., 470

list of treaties and conventions with, ii, 468

proclamations affecting, ii, 470

Jay, John, Chief Justice, U. S. Supreme Court

cited as to treaty-making power, i, 9, 381-383, 387, 389; ii, 11, n.

Jay, Ch. J.-continued

The references are to pages.

cited as to: nationality and sovereignty of United States govern-

ment, i, 244, 246, n.

paramountcy of treaties, i, 267, 268, n.; ii, 13, n.

legal status of the Confederation, i, 282

right of United States courts to enforce observance of treaties,
ii, 144, n.

extradition, ii, 247, n.

opinion in Chisholm vs. Georgia as to effect of Declaration of In-
dependence, i, 242, 246, n.

ordered to Spain to negotiate treaty, i, 359, n.

member of New York Constitutional Convention, i, 365

Constitutional pamphleteer ("A Citizen of New York "), i, 373, n.
influence on adoption of the Constitution, i, 375

an author of "The Federalist," i, 375–377, n., 386

diplomatic experience, i, 387

treaty with Great Britain (1794), i, 421 et seq.
mission to England, i, 423

decision that courts cannot declare treaty void for violations by
other party so long as United States government recognizes
validity, ii, 136, n.

Jay Treaty, ii, 441

supported by the Federalists, i, 436. See also GREAT BRITAIN
(Treaties); UNITED STATES (Treaties)

Jefferson, Thomas

views as to purchase of Louisiana, i, 73, n., 133

definition of "State," referred to by WHITE, J., in Downes vs.
Bidwell, i, 487

citizenship, ii, 174, n.

extradition, ii, 251, n.

limitations of treaty-making power, ii, 382

power of Central government to alienate territory, ii, 382, n.
enounces policy of the Monroe doctrine, i, 101, n.

framer of the Constitution, i, 262

concludes treaties with: Morocco (1787), i, 280; Prussia (1785), i, 279,

284, n.

records of the Declaration of Independence and Articles of Confed-

eration, i, 296, n.

estimate of Washington and Franklin, i, 299, n.

ratification of treaties by, i, 434

quoted, as to exchange of territory, by WHITE, J., in Downes vs.
Bidwell, i, 486, 487

conception of Constitution referred to by WHITE, J., in Downes vs.

Bidwell, i, 486, 487

Jewish Treaties, i, 192, n.

Johnson, Chief Justice (Supreme Court of Ohio)

cited as to trial of prisoner for offence other than that for which
extradited, ii, 274, n.

The references are to pages.

Johnson, J. (U. S. C. Ct., S. D. N. Y.)

cited that prisoner could be extradited for crime committed prior
to ratification of treaty, but subsequent to its conclusion, ii,
261, n., 262, n.

Johnson, Reverdy

treaty of 1869 with Great Britain rejected by Senate, ii, 379, n.
Johnson, Samuel

president of North Carolina Constitutional Convention, i, 370, n.
Johnson, William, Assoc. Justice, U. S. Supreme Court

cited as to: limitation of governmental powers by fundamental prin-
ciples, i, 62, n.

British grants in America after the Declaration of Independ-
ence, i, 238, n.

incapacity of British subject to take lands in Maryland by de-
scent from American citizen, ii, 16, n.

citizenship of inhabitants of ceded territory, ii, 167, n.

possession of power not necessarily implying its misuse, ii,
363, n.

Johnson, William Samuel

position, in Constitutional Convention, as to treaty-making power
and ratification of treaties, i, 319, 320, n.

Joint High Commission.

MISSION

Joint Resolution

See ANGLO-AMERICAN JOINT HIGH COM-

annexing Hawaiian Islands (in full), i, 513-515

effect of McEnery Resolution on status of Philippine Islands;
FULLER, Ch. J., in Fourteen Diamond Rings Case, i, 565, 566
Juarez, Benito

recognition of, by United States, as President of Mexico, i, 106, n.
Judd, J.

cited as to necessity of appropriations to validate treaties, ii, 78, n.
Judges

powers and duties of United States. See Constitution in full, i,
519-534

See also COURTS; JUDICIARY

Judicial Department of United States Government

matters within domain of, i, 117, n., 545

its peculiar province to construe treaties and statutes, i, 558; ii,
356, n., 363

possesses no legislative or treaty-making power, ii, 356

Constitutional provisions affecting. See Constitution in full, i,
519-534

list of authorities cited in Insular Cases on: separate functions of
each department of government of United States, i, 543
power of judicial department and territorial courts, i, 545
Judicial Definitions. See DEFINITIONS; WORDS AND PHRASES
Judicial Notice

courts cannot take notice of law of Great Britain since Declaration
of Independence unless pleaded and proved, ii, 190, n.

The references are to pages.

Judicial Notice-continued

of what courts will take cognizance, ii, 216, n.

of treaties, ii, 216, n., 269, n., 326, n., 327, n.

Judicial Power

vested, by Constitution, in Supreme and inferior courts, ii, 354, n.
Judiciary

office to determine violations of treaties, i, 288, n.

necessity of, to interpret treaties, i, 378, 385, 386

the tribunal must be supreme, i, 378, 379

its office to expound the Constitution, i, 394

right to determine validity of State law conflicting with Constitu-
tion, laws, or treaties of the Union, i 403

cannot be deprived, by treaty, of powers granted by the Constitu-
tion, i, 409

government liable for violations of international duty by, i, 447, n.
interference of Federal, to protect treaty rights of aliens, ii, 26

duty to enforce legislation, ii, 75, n.

should recognize abrogation of treaties by United States if done
regularly, ii, 136

the only department of government which can construe treaties or
statutes, ii, 145

should uphold the sacredness of international awards, ii, 309, n.

matter for, to decide whether point of foreign relations is executive
or legislative, ii, 357, n.

See also COURTS

Judiciary Act

proceedings under, in regard to treaties and other subjects of na-
tional jurisdiction, i, 407

Judson, J.

cited as to definition of "crime" under French treaty, ii, 267, n.
"Junius "

replies to letters of "Agrippa" opposing the Constitution, i, 387, n.
Jurisdiction

of United States courts, Constitutional provisions affecting. See
Constitution in full, i, 519-534

alphabetical list of authorities cited in Insular Cases on suability of
United States and States by citizens and aliens, i, 550
obligation of citizen preferring claim to subject himself to jurisdic-
tion of properly constituted court, ii, 310

Jury. See TRIAL BY JURY

Kansas

Indian reservations in, ii, 218

Kasson, John A.

member of Anglo-American Joint High Commission, i, 213, n.
cited as to "most favored nation" clause, ii, 148, n.

41

« AnteriorContinuar »