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Davis, C. K.-continued

The references are to pages.

author of report to Foreign Relations Committee, ii, 377, n.
Davis, David, J., Assoc. Justice, U. S. Supreme Court

cited as to: rights of aliens under treaty, ii, 38, n.

power of States to prove title to grants carved out of ceded
territory, ii, 56, n.

inheritance case under Swiss treaty (1850), ii, 127

extent of Congressional legislation to enforce provisions of In-
dian treaties, ii, 144, n.

continuance of local laws in conquered and ceded territory, and
effect of change of sovereignty thereon, ii, 165, n.

effect and construction of Indian treaties, ii, 212, n., 213, n.,
217, n.

method of dealing with Indians, ii, 223, n.

railroad land grants and treaty reservations, ii, 225, n.
protection of Indians by United States courts, ii, 235, n.

French Spoliation Claims, ii, 284, n.

right of citizens of Great Britain to sue United States in Court

of Claims, ii, 299, n.

jurisdiction of Court of Claims, ii, 301, n., 304, n.

establishment of United States consular courts in foreign coun-
tries, ii, 335, n.

Executive and Legislative departments being free to act within
their respective spheres, ii, 361, n.

position in the Cherokee Tobacco Case, ii, 86, n.

Davis, J. C. Bancroft

cited as to: nationality and sovereignty of United States govern-
ment, i, 244

twin birth and co-ordinate growth of ideas of independence and
unity, i, 246, 247

plenary powers exercised by Congress before adoption of the
Constitution, i, 250, 251

national powers of the United States government, i, 251

rights secured by United States in early treaties, i, 263, n.

treaties made by Continental Congress, i, 267

exercise, by Continental Congress, of national and sovereign
powers, i, 281

inability of Central government to enforce its decrees, i, 289, n.
construction of treaties, ii, 367, n.

views on the Jay Treaty, i, 421, n., 423, n.

synopsis of rules for construction of treaties, ii, 145

compilation of treaties between United States and foreign Powers,

ii, 241, n.

note on consular courts and exterritoriality, ii, 335, n.

special representative to London to ratify treaty of Washington
(1871), ii, 381, n.

Dawes, Henry L.

chairman of Dawes Indian Commission, ii, 202, n.

The references are to pages.

Dawes Indian Commission, ii, 201, 219

Dawson

views on the treaty-making power, i, 363

Dawson, Henry B.

editor of "The Federalist," i, 374, n., 386, n.

cited as to cases under the New York Trespass Act, ii, 36, n.
Dawson, J.

cited as to continuance of local laws in conquered and ceded terri-

tory, and effect of change of sovereignty thereon, ii, 166, n.
effect of treaties of cession on allegiance of inhabitants and
their political and personal rights, ii, 168, n.

protection of Indians by United States courts, ii, 235, n.

Day, William R., Secretary of State

signs peace protocol of August 12, 1898, i, 507

United States commissioner to conclude treaty with Spain (1898), i,
508, 513; ii, 125, n.

appointed international arbitrator from United States, ii, 376, n.
Dayton, John

position, in Constitutional Convention, as to treaty-making power
and ratification of treaties, i, 325, n.

Deady, J.

views and decisions on: anti-Chinese legislation, ii, 27, 93, n., 114, n.,
115, n., 117, n., 119, n., 120, n.

effect of treaties on private rights, ii, 83, n.

effect of treaties of cession on allegiance of inhabitants and
their political and personal rights, ii, 168, n., 174, n.

criminal jurisdiction in Indian reservations, ii, 230, n., 231, n.
status of Oregon Indians after settlement of Northwestern
boundary, ii, 233, n.

practice and jurisdiction in extradition cases, ii, 264, n.
jurisdiction of consular courts, ii, 333, n.

Dean, Silas

United States commissioner in treaties with France, i, 260

Debts

contracted by separate States of a confederation are public in char-
acter, i, 161 et seq.

negotiations and treaty provisions between United States and Great
Britain concerning, i, 276, 277, 307, 421, n.; ii, 6, 19

recovery of, under treaties, i, 268, n., 287, n.

Treaty of Paris (1783) paramount to State confiscation acts, i, 277
Decatur, Commodore

negotiates treaty with Algiers, ii, 409

Declaration of Independence

use of the term "United States" in, i, 25, n.

promulgation of, i, 238

by American Colonies the united act of all, i, 238, 241
Burgess's views, i, 239, n.

The references are to pages.

Declaration of Independence—continued

Story's views as to unity of declaration by all the Colonies, i, 240
George T. Curtis's views on, i, 240, n.

an act of paramount and sovereign authority, complete and perfect
in itself, i, 241

and ipso facto working dissolution of allegiance to Great Bri-
tain, i, 241

the act of the whole people, i, 241

made the States sovereign and independent, i, 249, n.

emphasized claim of Congress to exercise national powers, i, 252
did not create thirteen sovereign States, i, 259, n.

debates on, i, 296, n.

Declaration of Paris (1856)

abolition of privateering by, i, 284, n., ii, 369, n.
Declaration of War

concurrence of both branches of the legislature necessary to a, i,

402, n.

Declarations of Accession to Existing Treaties

definition and method of conclusion, ii, 368, n.

Decorations. See AUTHORIZATIONS, etc.

De Facto Governments

defined by FIELD, J., ii, 126, n.

Definitions

author's note, i, 16

list of cases in which terms used in the United States Constitution,

and in tariff and other laws, have been judicially determined,
548

i,

See also WORDS, etc.

Delaney, J.

cited as to protection of title of church property in Alaska, ii, 180, n.
Delaware

ratifies Articles of Confederation, i, 257, n.

independence of, acknowledged by Great Britain, i, 276, n.

represented at meeting concerning regulation of commerce by Cen-
tral government, i, 294, n.

supports New Jersey Plan in Constitutional Convention, i, 305
opposed, in Constitutional Convention, to a national government, i,
305, n.

votes against ratification of Constitution by people, i, 335, n.
unanimously ratifies the Constitution, i, 341

Delegated Powers

no portion can be lost, i, 39

reason for their delegation to Central government, i, 44, n.

See also UNITED STATES CONSTITUTION; UNITED STATES
GOVERNMENT

De Lima vs. Bidwell (Insular Case)

title, filing of record in United States Supreme Court, list of coun-
sel, and summary of brief and arguments, i, 468, 469

The references are to pages.

De Lima vs. Bidwell-continued

followed in: First Dooley Case, BROWN, J., i, 499

Crossman vs. United States, as to duties from Hawaii, i, 506, 507
Fourteen Diamond Rings Case, FULLER, Ch. J., i, 564

Democracies

difficulties in dealing with foreign Powers, ii, 379, n.
Denio, J.

cited as to paramountcy of treaties over State laws, ii, 36
Denmark

question of plebiscite in Schleswig regarding annexation to, i, 84, n.
tariff question before Supreme Court concerning sugar from Danish
West Indies, i, 452-454; ii, 72, n.

treaty with United States (1826), i, 452, 453; ii, 72, n., 73, n.
convention with United States (1857), i, 452, n., 453

list of treaties and conventions with, ii, 429

proclamations affecting, ii, 431

Department of Foreign Affairs

establishment of, i, 420. See also DEPARTMENT OF STATE

Department of State

organization of, i, 420

negotiation of treaties in hands of, i, 420

claims made to, for failure to fulfil treaty stipulations, ii, 71-75

may be charged with supervision of admission of aliens, ii, 97, n.
claims against, for interest on Spanish claims, ii, 305, n.

duties of the Secretary of State, ii, 357, n.

negotiation of treaties through, ii, 365, 366

Department of the Treasury

entrusted with supervision of admission of aliens, ii, 97, n.
decisions in Chinese Exclusion Cases, ii, 102, n.

Departments of Government

constitutional provisions in regard to. See Constitution in full, i,
519-534

alphabetical list of authorities cited in Insular Cases on separate
function of each, i, 543

See also EXECUTIVE DEPARTMENT; JUDICIAL DEPARTMENT;
LEGISLATIVE DEPARTMENT

Dependent States

Halleck's views as to status of, i, 210, n., 211, n.

Deportation

power of Congress to deport aliens, ii, 122, n., 123, n.

Derschovia

sale of, i, 75, n.

Descent of Property

otherwise within exclusive jurisdiction of State, may be subject of
treaty by National government with foreign Power without
consent of State, i, 5

right of aliens to inherit in California, under treaty, ii, 59

treaties regulating, paramount to State legislation, ii, 240, 243, 383

Deserters

The references are to pages.

treaty stipulations regarding, ii, 80

question as to right of Executive to surrender to foreign govern-

ment, ii, 254

question of extradition of, ii, 256, n., 257, n.

extradition of, refused on special grounds, ii, 266, n.

consular power as to arrest of, ii, 336, n., 342, n.
Detention. See RIGHT OF DETENTION

Deutsche Bund. See GERMANIC CONFEDERATION
Diamond Rings. See FOURTEEN DIAMOND RINGS
Dickinson, John

member of Constitutional Convention, i, 293, n., 305, n.

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

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

Diekema, Gerritt E.

member of Spanish Claims Commission, i, 443, n.
Dillon, J.

cited as to taxation of lands sold by Indian, ii, 214, n.
construction of Indian treaties, ii, 217, n.

railroad land grants and treaty reservations, ii, 225, n.
criminal jurisdiction on Indian reservations, ii, 231, n.
points of practice in extradition case, ii, 267, n.

Dingley, Nelson

member of Anglo-American Joint High Commission, i, 213, n.
Dingley Tariff Act

cases under, i, 118, n.-123

not applicable, after ratification of the Treaty of Paris, to mer-
chandise imported from Porto Rico, i, 121

or to Philippine Islands; FULLER, Ch. J., in Fourteen Diamond
Rings Case, i, 563-567

Diplomacy

not a judicial, but an executive function, i, 143

Diplomatic Agreements

definition, and methods of conclusion, ii, 370, n.

list of, see under each country in Treaties Appendix, ii, 405 et seq.
Diplomatic Relations with Foreign Nations

reports of Foreign Relations Committee on, ii, 313, n.

Direct Taxes. See TAXES

Discovery

acquisition of territory by, i, 74, n., 78, 81, n.

right of United States to acquire territory by, i, 116, 492

FULLER, Ch. J., dissenting in Downes vs. Bidwell, i, 492

views of WHITE, J., in Downes vs. Bidwell, i, 483

right of, as to Indian lands, ii, 204, 205, n.

Discretion

exercise of, by government, as to pressing private claims against

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