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The references are to pages.

United States Government-continued

Story's views on powers of, i, 404, 405

essentiality of Art. VI of the Constitution to protection of national
jurisdiction, i, 407

power to control State legislation, i, 410

urges States to pass laws permitting aliens to hold real estate, i,

410

action in Northeastern boundary dispute, i, 413

question of power to alienate State territory, i, 413

question of urging State legislation to carry out treaty stipulations,
i, 415, 416

question of full execution of delegated powers in the making of
treaties, i, 416

right to protect manufactures discussed, i, 418, 419

liable for violations of international duty by the judiciary, i,

447, n.

citizens cannot obtain redress for failure of, to fulfil treaty stipu-

lations, i, 451, 452

duty in regard to treaties under special circumstances, i, 455
power of civil government to extend over territory acquired by;
GRAY, J., in Downes vs. Bidwell, i, 490

alphabetical list of cases acted in Insular Cases on: nationality and
sovereignty of, i, 535

power to acquire territory, i, 537

division of sovereignty between Federal and State,

542

separate department of government of, and functions of each,
i, 543

powers over taxation and commerce, i, 546

control of foreign relations, i, 552

benefit to States arising from foreign relations being entrusted to,

ii, 5

right to modify State laws under the treaty-making power, ii, 6, 12, n.
grievances of States in international matters must be redressed
through, ii, 25

power to regulate immigration vested in, ii, 30, 97, n.

sole power to treat with other governments as to rights of citizens
of each within territory of other, ii, 42, n.
police power of States not delegated to, ii, 49, n.

relation to State governments, ii, 57, n.

liability to citizens of foreign government, how determined, ii, 72
responsibility for breach of faith with foreign nations, ii, 74, n.

has always asserted right of expatriation, ii, 169, n.

power of making peace, ii, 172, n.

superiority of, to Indian tribes, ii, 215

owes duty of protection to Indians, ii, 228, n.

power over Indians necessary for their protection, ii, 229, n.
cannot be sued for debt, ii, 287, n.

how to be sued, ii, 293, n.

The references are to pages.

United States Government-continued

except where so provided by Congress, cannot be sued, ii, 299, n.
right of citizens of Great Britain to sue, in Court of Claims, ii,
299, n.

question of jurisdiction of, over boundary waters, ii, 315, n., 318, n.
right to regulate commerce and navigation over State lands under

water, ii, 317, n.

no power to regulate fisheries expressed in Constitution, ii, 320, n.
derive sovereignty originally from people, ii, 350, 351

efforts of States' rights party to limit powers of, ii, 351

absolute power of, ii, 352

may be restrained from improper exercise of absolute power,
ii, 352

method of restraint, however, a problem, ii, 352

plenary power restrained only by fundamental principles on which
government is based, ii, 352

scope of powers delegated to, ii, 352

views of Jefferson and Hamilton as to power to alienate territory,
ii, 382, n.

its objects all national, ii, 386

United States House of Representatives

the immediate delegates of the people, i, 24, n.

favors Panama Congress, i, 103, n.

The Teller Resolution, i, 173, n.

the Platt Amendment, i, 176, n.

non-participation in treaty-making power ground of Pennsylvania's
objection to Constitution, i, 342, 343

proposition to vest treaty-making power in, i, 347, 348, 350, n., 361,
363, 367, 389-391, 396, 397

declares expediency of treaty of 1794, i, 402, n.

legislation by, duplicating provisions of convention with Great
Britain (1815), i, 402, n.

disclaims power to interfere with treaty-making power, i, 402, n.
but asserts right to deliberate on expediency of treaties, i,
402, n.

calls for President's instructions in Jay treaty, i, 402, n.

has no share in negotiation of treaties, i, 414, 428, 429, 435–437
passes the first protection measure, i, 419, n.

question of right to legislate to make treaties effectual, i, 421 et

seq., 439 et seq.; ii, 65

attitude on the Jay treaty, i, 424-430

refusal of Washington to submit Jay treaty papers to, i, 426–428,

444, n.

provides for carrying treaty obligations into effect, i, 427, n.

treaties before the, i, 429

position in treaty matters defined, i, 429 et seq.

good faith exercised in treaty legislation, i, 431

debate on commercial treaty with Great Britain (1815), i, 432-437

The references are to pages.

United States House of Representatives-continued
the Alaska purchase before, 438, 439

faction in, resents Senate's ratification of treaty, i, 439
question whether treaties involving tariff can be valid without
consent of, i, 439-441, 457, n.

passes appropriation under Treaty of Paris (1898), i, 441

question of right to consider expediency of treaty when dependent

on act of Congress, i, 444, n.

treaties binding upon, i, 444, n.−446, n.

has no dispensing power, i, 445, n.

not above the law, i, 445, n.

share in government and disposition of conquered territory;
GRAY, J., in Downes vs. Bidwell, i, 490

provisions as to, and powers and duties of. See Constitution (in
full), i, 519-534

introduction of appropriation bills to make treaties effective, ii, 66
must initiate legislation for appropriation of money requisite to
carry out treaty stipulations, ii, 77

legislative power vested in Executive, Senate, and, ii, 83

argument of John Marshall before, in Robbins extradition case, ii,
105, n.

the Arguelles extradition case before, ii, 250 et seq.

resolution of recognition of condition of war between Spain and
Cuba, ii, 359, n.

this action not recognized by Supreme Court, ii, 359, n.

popular control over, ii, 363

power to render treaties ineffectual, ii, 382

abrogation of treaties by, ii, 382

"United States of America"

the title, i, 260, n.

United States of Colombia. See COLOMBIA

United States People

powers reserved to, i, 2

United States Senate

how the States are represented in, i, 24, n.

Calhoun's States' Rights resolutions in, i, 30, n.

opposes sending commissioners to Panama Congress, i, 103, n.

the Teller Resolution, i, 173, n.

the Platt Amendment, i, 176, n.

treaties to be ratified by, i, 201, 328, 329, n.

rejects the Bayard-Chamberlain treaty, i, 213, n.

Charles Pinckney's plan of constructing, and its proposed powers,
i, 301

Hamilton's views regarding advice of, essential to treaty-making
power, i, 308

views of James Wilson in regard to treaty-making power and the,
i, 314

The references are to pages.

United States Senate-continued

proposition to clothe with power to make treaties and appoint am-
bassadors, i, 315, 316, 319

opposition to vesting treaty-making power, in, i, 316, 317, n.,
319-321

treaty-making-power vested in President and, i, 322, 327, 381-385,
388, 390, 391, 396, 397, 400, n., 402, n., 411, 412, 415, 420,
427, n.-431, 434, 435, 444, n., 448, 450; ii, 83, 122, n., 124, n.,
216, n., 246, n., 321, n., 358, 359, 365, 368, n., 374, n., 375, 397
proposal, in Constitutional Convention, that exclusive power to
make treaties of peace be vested in, i, 329, n.

opposition of Pennsylvania's ratifying convention to powers of, i, 342
power to compel attendance of members, i, 350, n.

election of members of, i, 381

with President, may bind the nation in legitimate contracts, i,
400, n.

opposes legislation by House of Representatives duplicative of
treaty provisions, i, 403, n.

in treaty-making capacity, an executive council, i, 412

scope of treaty-making power discussed in the matter of the Jay
treaty, i, 421 et seq.

submission of the Jay treaty to, i, 422, n.-424

action on the commercial treaty with Great Britain (1815), i, 436
report on legislative authority concerning commercial treaties, i,
437

ratifies Alaska treaty, i, 438

resentment in House of Representatives over ratification of Alaska

treaty, i, 439

admission as to necessity, in some cases, of consent of House of

Representatives to treaties, i, 439

ratifies Hawaiian treaty (1875), i, 439, n.

views of Judiciary Committee of the House as to power to nego-
tiate treaties involving duties, i, 440

ratifies treaty of Paris (1898), i, 441

treaty not ratified by, not binding on United States, i, 447, n.
share in government and disposition of conquered territory; GRAY,
J., in Downes vs. Bidwell, i, 490

provisions as to, and powers and duties of. See Constitution (in
full), i, 519–534

to ratify treaties made by President; Constitution, Art. II, § 2, i,
525, 526

majority cannot explain meaning of treaty after ratification; FUL-
LER, Ch. J., in Fourteen Diamond Rings Case, i, 565, 566
necessity of legislation by, to make treaties effective, ii, 65
power, with President and other contracting sovereign, to annul
treaty, ii, 122, n.

ratification of treaties of peace by, ii, 124

may modify or amend treaty before ratification, ii, 128, n.

The references are to pages.

United States Senate-continued

Washington's message to, concerning treaty-making with Indians,

ii, 198, 199

reports of Committee on Foreign Relations, ii, 312, n.

resolution of recognition of condition of war between Spain and
Cuba, ii, 359, n.

confirmation of ambassadors by, ii, 360

popular control over, ii, 363, 364

question of its advice being taken before negotiation of treaty, ii,

365

frequently taken into confidence of Executive prior to conclusion
of treaties, ii, 366

appointment of Senators as commissioners to negotiate treaties,
discussed, ii, 366

necessity of ratification by, of accessions to treaties, ii, 369, n.
rejects the Bayard-Chamberlain treaty, ii, 370, n.

modi vivendi of 1885 and 1888 with Great Britain not ratified by,
ii, 370, n.

ratification by, of agreement with Great Britain as to naval forces

on lakes, ii, 371, n.

faith and honor of United States not affected by refusal to ratify

treaties, ii, 373

procedure in, regarding ratification of treaties, ii, 375

action regarding submission of "Alabama" claims to arbitration,

ii, 376, n.

question as to necessity of action by, to submit dispute to Hague
Court of Arbitration, ii, 376, n.

action regarding submission of Bering Sea dispute to arbitration,
ii, 376, n.

usually kept informed of pending treaty negotiations, ii, 378, n.
general control over foreign policy, ii, 378, n.

not only a legislative but an executive body, ii, 378, n..

secret sessions, ii, 378, n.-381, n.

rejects Reverdy Johnson treaty with Great Britain (1869), ii, 379, n.
political power, ii, 380, n.

amendments to treaties proposed in, ii, 381

abrogation of treaties by, ii, 382

See also TREATY-MAKING POWER.

United States State Department. See DEPARTMENT OF STATE.
United States Supreme Court

describes powers of United States government, i, 1

its creation evidence of scope of Constitution, i, 3

limitations and definitions of its powers, i, 3, n.

liability of its judges to impeachment, i, 4, n.

William Allen Butler on its origin and place in the Constitution,

i, 7, n.

phraseology concerning nationality of United States, i, 25, n.
decides the duality of the United States government, i, 34

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