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THE
TREATY-MAKING POWER
OF THE
UNITED STATES
BY
CHARLES HENRY BUTLER
OF THE NEW YORK BAR
VOL. II.
PART III. JUDICIAL DECISIONS AFFECTING THE TREATY-MAKING POWER OF THE UNITED STATES, ITS EXTENT AND APPLICATION
THE BANKS LAW PUBLISHING CO.
21 MURRAY STREET, NEW YORK
Copyright, 1902,
BY THE BANKS LAW PUBLISHING CO.
PUBLIC LAW WORK ROOM
JUDICIAL DECISIONS AFFECTING THE TREATY-MAKING 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, PAGES 1-62.
SECTION
PAGE
319-Subject reviewed thus far from historical and not from judi-
cial standpoint...
2
320-Views of members of Constitutional 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 ex-
tent, 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 opin- ions delivered.....
326-Opinions of Justices Chase and Paterson..
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...
.....
3482
332-Chirac vs. Chirac; Chief Justice Marshall's opinion, 1817.. 14
333-The Pollard Case; Justice Baldwin's opinion; 1840....... 18
334-Hauenstein vs. Lynham; Justice Swayne's opinion; 1879.. 20
335-Geofroy vs. Riggs; Justice Field's opinion 1889; the great
extent of the treaty-making power....
336-The Chinese influx; legal questions and treaty rights in-
volved...
23
24
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