JK570
T8

PHELAN

Copyright, 1915,

By Little, Brown, and ComPANY.

All rights reserved

Set up and electrotyped by J. S. Cushing Co., Norwood, Mass., U.S.A.
Presswork by S. J. Parkhill & Co., Boston, Mass., U.S.A.

Το

MY WIFE

MARTHA SHARPE TUCKER

774211

TABLE OF CASES CITED.

CONTENTS

INTRODUCTION

CHAPTER I

VIEWS AND OPINIONS OF AUTHORS AND STATESMEN ON THE

TREATY POWER OF THE CONSTITUTION FROM OUR EARLY

HISTORY TO THE PRESENT TIME

CHAPTER II

OPINIONS OF JUDGES, FEDERAL AND STATE, ON THE TREATY-

MAKING POWER, FROM DECIDED CASES .

CHAPTER III

THE TREATY POWER UNDER THE ARTICLES OF CONFEDERATION

AS STRONG AS UNDER THE CONSTITUTION. THE CHIEF DIF-

FERENCE BEING THAT UNDER THE FORMER THERE WAS NO

JUDICIAL TRIBUNAL TO ENFORCE TREATIES.

CHAPTER IV

TREATY POWER UNDER THE CONSTITUTION: ITS SUPREMACY CON-

sidered in Relation to other SUPREME POWERS.

RULES

PAGE

xi

1

4

44

56

CHAPTER V

ANALYSIS OF THE VIEWS OF CHARLES HENRY BUTLER AS DIS-

CLOSED IN HIS BOOK, "THE TREATY-MAKING POWER UNDER

THE CONSTITUTION OF THE UNITED STATES'

"

CHAPTER VI

THE CASES OF CHIRAC v. CHIRAC, HAUENSTEIN v. LYNHAM,

GEOFROY v. Riggs, Hold that the Treaty Power MAY

Remove the BADGE OF ALIENAGE FROM Foreigners, and

DO NOT HOLD THAT THIS POWER MAY ANNUL THE LAWS OF

DESCENT OF THE STATES.

PAGE

143

CHAPTER VII

WARE v. HYLTON. THIS CASE DID NOT DECIDE that the De-

FINITIVE TREATY of Peace of 1783 aNNULLED THE Law of

VIRGINIA OF OCTOBER, 1777

173

CHAPTER VIII

-

THE CLAIM OF SUPREMACY OF THE TREATY Power over THE

HOUSE OF REPRESENTATIVES CONSIDERED. PRESIDENT

WASHINGTON'S CONTEST WITH THE HOUSE OVER THE Jay

TREATY. PRESIDENTS FROM JOHN ADAMS TO MCKINLEY

HAVE NOT FOLLOWED WASHINGTON'S PRECEDENT

--

CHAPTER IX

202

THE TREATY POWER IN ITS OBLIGATIONS TO FOREIGNERS.

VIEWS OF SECRETARIES WEBSTER,

Bayard, and OTHERS

EVARTS, BLAINE,

238

CHAPTER X

THE RELATION OF THE TREATY-MAKING POWER TO THE POLICE

POWER OF THE STATES

CHAPTER XI

REPORT OF J. Randolph TUCKER, CHAIrman of the Judiciary

Committee of the House of RepresentaTIVES, 49TH CON-

GRESS, ON THE HAWAIIAN TREATY, HOLDING THAT A

TREATY CANNOT CHANGE REVENUE LAWS WITHOUT THE

SANCTION OF THE HOUSE OF REPRESENTATIVES