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The references are to pages.

Treaties of Annexation

effect of clauses on rights of inhabitants; BROWN, J., in Downes

vs. Bidwell, i, 477, 478

Treaties of Cession. See CESSION; CESSION OF TERRITORY

Treaties of Commerce

Anson's views on, i, 207, n.

provisions concerning: of Belgian Constitution, i, 224, n.

of Venezuelan Constitution, i, 226, n., 227, n.

Treaties of Guaranty

status of dependent states under, i, 211, n.

Treaties of Peace

discussion, in Constitutional Convention, of question of making,

i, 324, n., 325, n., 328, n., 329, n.

may be concluded by the President and Senate, i, 402, n.

usually of legislative jurisdiction in free governments, i, 411, 412
power to make, co-extensive with exigencies of nation, 445, n.,
446, n.

termination of war by, ii, 123

may be negotiated and concluded by the Executive, ii, 124

are often treaties of cession, ii, 151

Treaties of Protection

status of dependent states under, i, 211, n.

Treaty

acquisition of territory by, i, 74, n.

right of United States to acquire territory by, i, 116, 133, n.
distinguished from a constitution, i, 332, 334, n.

Treaty-Making

and sovereignty as to colonies by central governments, i, 236
Treaty-Making Power

an important prerogative of the National government, i, 4
expressly enumerated in the Constitution, i, 4

its exercise, how controlled, i, 4

author's general views as to extent of, i, 4

its extent, importance, and far-reaching effects, i, 4-6, 8, 10, 237,
278, 332, 381, 382, 393 et seq., 402, n., 408, 413, 421 et seq.,
470, 477, 478, 485; ii, 5, 23, 24, 208, 238, 243-246, n., 349 et
seq., 350, 352, 363, 382, 383, 385, 392, n., 394

alphabetical list of authorities cited in Insular Cases on, i, 552
power to legislate concerning matters affected by treaty stipulations
coextensive with, i, 5

vested in Central government, i, 5, 9, 35, n., 39, 54, 216-219, 264,
265, 294, 331, 378, 391, 392, 394, 395, 399, n., 407, 456, 457; ii,
28, 30, 35, 60, 147, n., 322, n., 350-352

States prohibited from exercising, i, 5, 40, n., 140, 332; ii, 320, n.,
322, n., 351, 352

an attribute of nationality and sovereignty, i, 5, 38, 192, 196, 200,
201, 218, 228, 232, 233, 236, 259, 263, 368, 396, 399, n., 401, n.,
450, n.; ii, 356, n.

The references are to pages.

Treaty-Making Power-continued

the author's sources of information, i, 7, 8

views of the States' Rights School, i, 29; ií, 351

discussion of theories of government in this volume limited to, i, 33
not an attribute of State sovereignty, i, 35, n.

vested in President with advice of Senate, i, 40, n., 327, 347, 348,
350, n., 361, 381–385, 388, 390, 391, 396, 397, 400, n., 401, r.,
402, n., 408, 411, 412, 415, 420, 427, n.-431, 434, 435, 448, 450;
ii, 28, 83, 122, n., 124, n., 216, n., 246, n., 358, 359, 365, 374,
n., 397

as exercised by United States, compatible with possession of com-

plete sovereignty, i, 41, 42

right of United States to acquire territory under, i, 60, 477, 478
applied in cession of conquered territory, i, 78

pre-eminent position of United States due to wide scope and ex-
ercise of, i, 134

in federated governments, may be matter requiring judicial deter-
mination as to internal affairs, i, 138

in almost all federations, absorbed by Central government, i, 138, 196
of government exercising jurisdiction recognized by other Powers,
i, 140

upheld by United States courts, i, 140

always vested in highest powers, i, 192, 196, 202

difference between members of close and loose confederations as

to, i, 194, n., 196

must be determined by Constitution or fundamental law of every
State, i, 196, 202

in Bundesstaats and Staatenbunds, i, 198, n.

rests with authorities of states to whom confided by political con-
stitution, i, 203, n.

in Great Britain vested in the Crown, i, 206, 207, n.

power of Parliament to limit this prerogative, i, 206, 207, n.
British colonies have no, i, 208. See also GREAT BRITAIN
status of Dominion of Canada as to, i, 211

never possessed by States, i, 216

except by Texas before admission, i, 217

of various countries: Belgium, i, 223, n.: Central American Re-
publics, i, 223, n., 226, n.: China, i, 223, n.: Confederate
States of America, i, 225, 229, n.: Germanic Confederation,
i, 194, n., 196: Germany, i, 220, 223, n.-225, n.: Honduras, i,
226, n.: Japan, i, 225, n.: Mexico, i, 225, n.: North German
Confederation, i, 220: South American countries, i, 221, 223,
n., 227, n.-229, n.: Venezuela, i, 226, n.

of protected State, i, 232, 234, n.

improper use, in making contracts with Indians, i, 233

of confederations limited by the federal act, i, 233, n.

of United States, one of the most important powers confided to
Central government, i, 234

The references are to pages.

Treaty-Making Power-continued

not possessed by subordinate corporations in a State, i, 234, n.
duties inherent in, i, 234

possessed by Continental Congress prior to Articles of Confedera-
tion, i, 281

its importance appreciated by the people and by delegates to State
conventions, i, 266, 353, 358, 364, 366, 378, 392, 394, 395

of United States extends to internal affairs of States where neces-
sary to general good of Union, i, 266

reserved to Congress under Articles of Confederation, i, 266, n.,

270, n.

vested solely in the national sovereign, i, 271, n.

as between Central government and Indians, i, 281

position of United States government strengthened, i, 287

proposal that it be vested in the Senate, i, 301, 316, 319

opposed by Messrs. Mason and Mercer, i, 316, 317, n., 321
considered in Constitutional Convention, i, 305

how considered in the New Jersey Plan, i, 306

no limitations imposed upon, by Constitutional Convention, i, 307
a practical matter in 1787, i, 307

question, in Constitutional Convention, as to vesting it in the Exec-
utive, i, 319, n., 322, 326–328

centralization of, supported by Edmund Randolph, i, 330

inadequacy of, before adoption of Constitution, i, 331

opposition by Pennsylvania's minority to extent of, lodged in Cen-
tral government, i, 342

non-participation of House of Representatives in, ground of Penn-
sylvania's opposition to Constitution, i, 342, 343

views of: Samuel Adams, i, 345: John C. Calhoun, i, 413, 415; ii,
399: Thomas M. Cooley, i, 407: Mr. Corbin, i, 361: G. T.
Curtis, i, 400: Mr. Davie, i, 367, 368: Mr. Dawson, i, 363:
William A. Duer, i, 398-403, n.: Edwin F. Glenn, i, 202, n.:
William Grayson, i, 360, 363: W. E. Hall, i, 198: Alexander
Hamilton, i, 312, 378, 379, 383-386, 449, n., 450, n.: Mr. Har-
din, i, 434: Patrick Henry on, i, 357, 360-363: James Iredell,
i, 366, 367, 389: John Jay, i, 381-383, 387, 389: Chancellor
Kent, i, 411: Rufus King, i, 312: W. B. Lawrence, i, 194,
203, n.: Richard Henry Lee, i, 387: Rawlin Lowndes, i, 348,
n.-352: J. M'Dowall, 367: James Madison, i, 312, 358, 362,
380: John Marshall, i, 61; ii, 10, 11: George Mason, i, 316,
317, n., 321, 357, 389: John Francis Mercer, i, 316, 317, n.,
321: George Nicholas, i, 360: C. C. Pinckney, i, 347-351, n.:
J. N. Pomeroy, i, 200, 408-411: Speaker Pringle on, i, 351:
David Ramsay, i, 390: Edmund Randolph, i, 360: William
Rawle, i, 395-398: John Rutledge, i, 348, n.: Joseph Story,
i, 404: John Randolph Tucker, i, 413; ii, 397; Henry Whea-
ton, i, 195: Theodore D. Woolsey, i, 412, 413: Theodore S.
Woolsey, i, 194

The references are to vages.

Treaty-Making Power-continued

discussed in Constitutional Conventions of: Massachusetts, i, 345;
New York, i, 365, 366; North Carolina, i, 366-369; Pennsyl-

vania, i, 342; South Carolina, i, 347-353; Virginia, i, 353, 357
-364

generally vested in executive departments of government, i, 368
a factor in the great national debate of 1787–88, i, 371
references to, in "The Federalist," i, 378–387

should have no Constitutional shackles,-in "The Federalist,"
i, 379

an obvious and essential branch of the federal administration, i, 380
of United States compared with that of 'Great Britain, i, 383
reasons, given in "The Federalist," for vesting it in the Execu-
tive, i, 383

of National government necessary for peace of Union, i, 385
public knowledge as to, i, 391, 392

furnishes many questions for discussion, i, 394

paramount to State legislation, i, 394, 395; ii, 61, 64, 383. See also

TREATIES

construction of, by courts, i, 395, 400, n., 449 et seq.; ii, 2

under Articles of Confederation, i, 396, 399, n.

its execution must be determined by the principles of the Constitu
tion, i, 396, 400, n.

cannot be so interpreted as to destroy other powers granted by
the Constitution, i, 400, n.

co-extensive with national exigencies, i, 401, n.

question of power to alienate domain of a State without the State's

consent, i, 402, n., 412, 413

question of right of House of Representatives to participate in, i,
402, n., 403, n., 429, 439 et seq.

narrower views of certain expounders of the Constitution, i,
413-415

necessarily implies power to settle terms, i, 402, n.
how far embraces commercial regulations, i, 406
views of States of, under the Convention, i, 406
first exercise under the Constitution, i, 420

the Jay treaty and its discussion, i, 421 et seq.

power of Congress to legislate in order to execute, i, 433

report of conference committee on British commercial treaty (1815),
i, 436

not in all cases independent of the legislative power, i, 437

authority of the legislative department concerning commercial
treaties, i, 438

question how far it controls power of House to lay duties, i, 440
may alienate public domain and property by treaty, i, 445, n.,

446, n.

department charged with, can bind the national faith, i, 445, n.,
446, n.

The references are to pages.

Treaty-Making Power-continued

subordinate to fundamental laws and constitution of the state, i,

445, n., 446, n.

discretion vested in, i, 445, n., 446, n.

validity of treaties made under grant of, i, 445, n., 446, n.

limited by special mandatory or prohibitory provisions, i, 446, n.
power of Congress to render futile, i, 446, 449, 451

cannot invade Constitutional prerogatives of Congress, i, 447, n.
neither legislative nor executive, i, 450, n.

no limitations upon power of Central government, i, 456
participation of both Houses in, i, 456

views of MARSHALL, Ch. J., in The Peggy and Foster vs. Neilson,
referred to by BROWN, J., in De Lima vs. Bidwell, 1, 470, 471
views of WHITE, J., in Downes vs. Bidwell, as to: acquisition of
territory, i, 482; accepting territory with conditions, i, 483,
484; termination of war by, i, 484; extent of power as to
sale of territory, i, 485; symmetrical functions of the power,
i, 485; power to impose conditions as to incorporating ac-
quired territory into the Union, i, 485; cannot incorporate
territory into United States without consent of Congress, i,
489; effect of stipulations in treaty of 1898 with Spain as to
civil rights and political status of inhabitants, i, 489
views of MARSHALL, Ch. J., quoted by GRAY, J., in Downes vs.
Bidwell, i, 490

its effect on conquered territory; GRAY, J., in Downes vs. Bidwell,

i, 490

conflict of Constitution and treaty; views of FULLER, Ch. J., in
Downes vs. Bidwell, i, 493

Constitutional provisions as to. See Constitution (in full), i, 519-

534

extent and exercise of, discussed by BROWN, J., in Fourteen Dia-
mond Rings Case, i, 567, 568

considered by courts in light of history, ii, 2

right of Federal government to modify State laws under, ii, 6, 12, n.
ample power of Central government to enter into and enforce treaty

stipulations, ii, 7

the case of Ware vs. Hylton, a monumental exposition of extent of,
ii, 11

extends to all proper subjects of negotiation with other nations, ii,
23, 24, 142, n., 321, n.

sole limitations upon, ii, 24

cannot appropriate money, ii, 76

cannot surrender right of Congress to exclude aliens, ii, 121, n.

how nullified by Congress, ii, 123

when can override Congressional action, ii, 123

power to annex territory and reserve to Congress right to establish
status of inhabitants and extent of political rights, a question
for Supreme Court, ii, 167-169

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