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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.

The references are to pages.

United States Supreme Court—continued

have consistently enforced Article VI of the Constitution, i, 7
has consistently upheld sovereignty and nationality of Central gov-
ernment, i, 44, 46, n., 60, n.

holds United States government to be of and from the people, i, 46, n.
opinion as to power of United States to exercise natural functions
of sovereignty not expressly referred to in Constitution, i, 55
supports doctrine of limitation of governmental powers by funda-
mental principles, i, 63, 64

declares complete and unlimited power repugnant to American in-
stitutions, i, 64

guardian of personal rights of Americans and inhabitants of Uni-

ted States territory, i, 69

supports title of United States to present domain, i, 79

holds the United States to be a nation, i, 80, n.

declares right of United States to acquire territory by conquest,
treaty, annexation, and discovery, i, 116

upholds power of United States over Territories, i, 128-130
cases pending in, involving nationality and sovereignty, i, 139
determines position of judicial department in upholding political

side of government, i, 140

upholds treaties as the supreme law of the land, i, 231, n.

declares birth of United States co-ordinate with Declaration of In-

dependence, i, 238, 240

decisions as to: powers of Congress in prize causes, i, 283

necessity of legislation to carry treaties into effect, i, 448, 450,
451

treaty obligations, usually involve matters of municipal law
only, i, 451

Insular Cases, discussed by FULLER, Ch. J., in Fourteen Dia-

mond Rings Case, i, 563-567

analyzed by WHITE, J., in Second Dooley Case, i, 577

operation of treaty by which territory is ceded, ii, 67

property rights in ceded territory frequently based on interna-
tional law, ii, 185

status of Indians, ii, 204 et seq.

its jurisdiction in suit by citizen of one State against another
State, ii, 220, n.

resulting in Eleventh Amendment, ii, 220, n.

Indian citizenship, ii, 231

question, in Constitutional Convention, as to jurisdiction over
treaty cases, i, 321

cited as to ratification of Constitution, i, 337, n.

cites "The Federalist," i, 375

differs from "The Federalist" in regard to treaties, i, 376-378, 383
holds power of the Union superior to laws of the States, i, 394, 395
establishes retrospective effect of the Constitution upon State legis-

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United States Supreme Court-continued

jurisdiction over matters pertaining to treaties and other national
affairs, i, 407

to decide questions of law arising under Spanish Claims Commis-
sion, i, 442, n., 443, n.

question pending in, as to status of Philippines, Porto Rico, and
Guam, i, 443

has never relieved United States from treaty obligations, i, 451
position as to treaty violations, i, 451

burden thrown on Congress, i, 451

has never placed any limitations upon the treaty-making power of
the Central government, i, 456, 457

note on decisions in Insular Cases, i, 457, 458

personnel of, in 1820, referred to by FULLER, Ch. J., in Downes vs.
Bidwell (dissenting), i, 491, 492

Constitutional provisions affecting. See Constitution (in full), i,
519-534

majority opinion in Downes vs. Bidwell referred to by BROWN, J.,
in Second Dooley Case, i, 572

views on extraneous aids to construction of constitutions, ii, 3, n.
construction of Constitutional provisions affecting treaties, ii, 5
follows doctrine of Ware vs. Hylton concerning treaty-making
power, ii, 11

construction of British treaties of 1783 and 1794, ii, 13

advantages of Federal judiciary as forum for settling disputes as to
treaty rights, ii, 32

declares that treaties bind the nation, ii, 36

ever mindful of right of States to regulate their internal affairs, ii,
56

decision in the Slaughter-House Cases eulogized, ii, 57, n.

holds that its decision on constitutional points must be confined to
exact facts of particular case, and cannot be inferentially ex-
tended, ii, 84

views on abrogation of treaties, ii, 131, n.

question for, whether treaty-making power can annex territory and
reserve for Congress right to establish status of inhabitants
and extent of political rights and liberties, ii, 167–169

has always regarded Indians as quasi-foreign, ii, 173, n.

decisions: that no legislation is necessary to make ceded territory
domestic instead of foreign, ii, 180

that claims of United States against foreign governments, ex-
tinguished by treaty-making power, are protected by the
Constitution, ii, 285

that treaty-making power of United States can control and dis-
pose of claims of citizens, and can establish claims of citizens
of foreign government against United States citizens, ii, 285
that claims against foreign governments are property rights,

The references are to pages.

United States Supreme Court-continued

decision as to jurisdiction of Court of Claims, ii, 288, n.

right of appeal to, from Court of Private Land Claims, ii, 180, n.
adjudication of Mexican land titles in, ii, 182, n.-185, n.

declaration that international law is part of law of United States,
ii, 188, 190, n.

holds general laws applicable to treaties with Indians as with for-
eign nations, ii, 203

modifies Marshall's decision in the Cherokee Cases, ii, 204
jurisdiction in Cherokee Nation Cases, ii, 210

has always afforded protection to personal and property rights of
Indians, ii, 234

declaration as to extent of treaty-making power, ii, 238

question as to power to review by habeas corpus proceedings of
United States commissioner committing prisoner for surren-
der, ii, 259, n.

questions pending before, regarding territory ceded by Spain in
1898, ii, 280, 281

declaration that no power existed in King of Spain to clothe Con-

gress with power to legislate, ii, 282

decisions of Court of Claims not reviewable by, ii, 284, n., 299, n.
special appeal from Court of Claims to, ii, 302, n.

hold trade-mark legislation of Congress unconstitutional, ii, 324,

326, n.

declaration in regard to limited power of society over its members,
ii, 350

declaration as to exercise of plenary power delegated to United
States government, ii, 352

possesses greatest judicial powers ever vested in any court of any
nation, ii, 354

declaration as to power and extent of willingness to declare a treaty
void, ii, 354

jealous of its rights and powers, ii, 354

always leaves Executive and Legislative departments free to act in
matters within their respective spheres, ii, 362

declaration that opinions in constitutional questions cannot be in-
ferentially extended beyond points directly involved and
expressly determined, ii, 362

in case of conflict, must decide validity of either law with reference
to Constitution, ii, 384

decision of, not effective per se to override Constitutions and laws,
ii, 384

decision that individual rights acquired by war, and vested rights
of citizens, may be sacrificed by treaty for national purposes,
ii, 392, n.

United States Treasury

Constitutional provision concerning drafts upon, i, 446, n., 447, n.

The references are to pages.

United States Treasury Department

ruling as to status of Florida before passing under United States

Unity

revenue laws, i, 170

ideas of independence and, of twin birth and co-ordinate growth,

i, 247

national, of United States, as to international matters, i, 492

list of authorities cited in Insular Cases on national, i, 552
Unoccupied Territory

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criminal jurisdiction within reservation, ii, 230, n.

Utrecht

Peace of 1661, i, 412

Valiente

cited as to Monroe doctrine, i, 113, n.

Van Buren, Martin

message on relations with Great Britain, ii, 389, n.

Van Ness, Peter

member of New York Constitutional Convention, i, 365

Van Ness, J.

decision that British treaty overruled anti-alien laws of New York,
ii, 37

Vattel, Emerich

views on: dominion of new territory, i, 4, n.

Venetia

sovereignty, i, 21, n.

the Monroe doctrine, i, 113, n.

treaty-making power, i, 202, 401, n.; ii, 399, n.

the obligation of treaties, i, 349, n.

right of sovereign powers to regulate immigration, ii, 97, n.

ceded to Italy, i, 83 and n.

Venezuela

the boundary dispute and the Monroe doctrine, i, 96, n., 101, 107,
n.-110, n.

struggle for independence in, i, 99, n.

a federation of free and independent States, i, 226, n.

treaty-making power, i, 226, n.

prerogatives of the President, i, 226, n.

Constitutional provision for arbitration, i, 226, n., 227, n.

awards under treaty with, ii, 296, n.

treaties with United States, ii, 296, n.: (1885), ii, 305, n.: (1888), ii,

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