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 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. Treaty-Making and sovereignty as to colonies by central governments, i, 236 an important prerogative of the National government, 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, alphabetical list of authorities cited in Insular Cases on, i, 552 vested in Central government, i, 5, 9, 35, n., 39, 54, 216-219, 264, States prohibited from exercising, i, 5, 40, n., 140, 332; ii, 320, n., an attribute of nationality and sovereignty, i, 5, 38, 192, 196, 200, 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 vested in President with advice of Senate, i, 40, n., 327, 347, 348, 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 pre-eminent position of United States due to wide scope and ex- in federated governments, may be matter requiring judicial deter- in almost all federations, absorbed by Central government, i, 138, 196 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 in Bundesstaats and Staatenbunds, i, 198, n. rests with authorities of states to whom confided by political con- in Great Britain vested in the Crown, i, 206, 207, n. power of Parliament to limit this prerogative, i, 206, 207, n. never possessed by States, i, 216 except by Texas before admission, i, 217 of various countries: Belgium, i, 223, n.: Central American Re- 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 The references are to pages. Treaty-Making Power-continued not possessed by subordinate corporations in a State, i, 234, n. possessed by Continental Congress prior to Articles of Confedera- its importance appreciated by the people and by delegates to State of United States extends to internal affairs of States where neces- 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 how considered in the New Jersey Plan, i, 306 no limitations imposed upon, by Constitutional Convention, i, 307 question, in Constitutional Convention, as to vesting it in the Exec- 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- non-participation of House of Representatives in, ground of Penn- views of: Samuel Adams, i, 345: John C. Calhoun, i, 413, 415; ii, The references are to vages. Treaty-Making Power-continued discussed in Constitutional Conventions of: Massachusetts, i, 345; vania, i, 342; South Carolina, i, 347-353; Virginia, i, 353, 357 generally vested in executive departments of government, i, 368 should have no Constitutional shackles,-in "The Federalist," an obvious and essential branch of the federal administration, i, 380 of National government necessary for peace of Union, i, 385 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 cannot be so interpreted as to destroy other powers granted by 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, narrower views of certain expounders of the Constitution, i, necessarily implies power to settle terms, i, 402, n. 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), not in all cases independent of the legislative power, i, 437 authority of the legislative department concerning commercial question how far it controls power of House to lay duties, i, 440 446, n. department charged with, can bind the national faith, i, 445, 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. cannot invade Constitutional prerogatives of Congress, i, 447, n. no limitations upon power of Central government, i, 456 views of MARSHALL, Ch. J., in The Peggy and Foster vs. Neilson, its effect on conquered territory; GRAY, J., in Downes vs. Bidwell, i, 490 conflict of Constitution and treaty; views of FULLER, Ch. J., in Constitutional provisions as to. See Constitution (in full), i, 519- 534 extent and exercise of, discussed by BROWN, J., in Fourteen Dia- considered by courts in light of history, ii, 2 right of Federal government to modify State laws under, ii, 6, 12, n. stipulations, ii, 7 the case of Ware vs. Hylton, a monumental exposition of extent of, extends to all proper subjects of negotiation with other nations, ii, 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 |