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SECTION
12-The United States is a Nation...
13-States' Rights School and Broad Constructionists..
Note on Kentucky and Virginia Resolutions, 29.
30
14-Eras of Constitutional History of the United States.
15—Marshall, Story and Gray; Calhoun, Taney and Tucker.... 31
16-John Randolph Tucker's views..
17-Discussion limited to the treaty-making power.
18-Duality of Government of United States..
19-Extent of original State sovereignty.....
32
33
34
20-Original nationality and sovereignty of Central Government. 37
21-Residuum of power...
22-Powers reserved to States relate to internal affairs..
23-Proposition supported by eminent jurists.....
24-National Unity expressed in Preamble of Constitution.....
25-Ratification of Amendments by States result of delegation
26-Supremacy of General Government as to objects within its
by People....
domain...
27-Meaning of "The People of the United States".
Curtis on Marshall and Story, 46.
Professor Von Holst, 48.
28-Views of Chancellor Kent and Joseph Story.
47
33-Right of United States to acquire territory..
34-General consensus of opinion in support of Nationality of
39-Fundamental principles and the first ten amendments.....
40-Congress compared, as to powers in national matters, with
65
Parliament of Great Britain.......
67
41-Simultaneous development of nationality and limitations by
fundamental principles of natural and healthy growth... 69
CHAPTER II.
THE NATIONALITY AND SOVEREIGNTY OF THE UNITED STATES AS EVI-
DENCED BY ACQUISITION OF TERRITORY.
PAGES 71-136.
42-Development of United States from a Confederation into a
Nation; recognition of Sovereignty.....
43-Right of sovereign powers to acquire territory...
Note on transfer of Territory; views of Publicists:
Pomeroy, 72. Halleck, 73. Lawrence, 76.
44-Methods of acquisition of territory....
Note on acquisitions of territory by United States. Ex-
tract from "Our Treaty with Spain," giving list of
acquisitions, 79.
PAGE
78
45-Cessions of Territory to other powers than United States... 80
46-Consent of governed not required under international law.. 83
47-The United States has never asked the consent of the in-
habitants of ceded territory..
48-Impracticability of ascertaining consent...
49-Special instances in which obtaining consent might be prac-
84
86
ticable.....
........
87
50-Restrictious on acquisitions of territory by European powers
under "balance of power" theory.
51-Acquisitions of United States never objected to by other
52-Acquisitions of European powers prevented by United States
under Monroe Doctrine.
Note on Monroe Doctrine: Extracts from President
Monroe's Messages, 90. The Monroe Doctrine, 95.
The Announcement, 97. The Holy Alliance, 98.
The Panama Congress, 102. Other Congresses,
103. Relations with Cuba, 104. Mexican inter-
vention, 105. Venezuela boundary dispute, 107.
Recent acquisitions, 110. Opinions of publicists
and references, 111.
53-Russia's colonization on Pacific coast stopped.
54-England, Central and South America, and the Monroe Doc-
trine......
97
55-Spain, Cuba, and the Monroe Doctrine...
104
56-Louis Napoleon, Mexico, and the Monroe Doctrine.....
57-Germany and Samoa......
110
113
58-Monroe Doctrine and the Peace Conference at The Hague;
1899...
114
Extract from F. W. Holls' "Peace Conference". "...
59-Opposition to territorial expansion from within, and not
from without...
60-Right to acquire territory based on nationality and sover-
eignty....
117
61-Power to govern acquired territory; The Insular cases, 1901. 117
61a-Status of new possessions.....
118
616-Porto Rico and the Dingley Act..
119
61c-The status of the Philippines; the Diamond Ring case.... 122
62-The Morman Church case; Justice Bradley's opinion....... 128
63 Subsequent cases involving same point......
129
67-Government of territories as affected by treaties of cession.. 131
68-Special clauses in treaty with Spain of 1898....
131
69-States' Rights and anti-expansion.
132
70—Policy of expansion and acquisition sustained by courts and
people......
134
71-Territorial expansion the Cornerstone of American pros-
perity.......
135
CHAPTER III.
THE NATIONALITY AND SOVEREIGNTY OF THE UNITED STATES AS RECOG-
NIZED BY OTHER SOVEREIGN POWERS.
PAGES 137-190.
72-Subject, so far, viewed from internal standpoints..
73-Subject now to be viewed from external standpoints.
74-Same distinctions exist as to all federated powers.
75-Recent Insular cases decisions only involve these questions,
from internal standpoints......
138
139
76-Rule from external standpoints based on international law.. 139
77-Undivided sovereignty of governments exercising jurisdic-
tion recognized by other powers.....
140
78-Central government of federations the only one recognized
by foreign powers......
79-Responsibilities as well as benefits result from this rule.... 141
80-Author's views briefly expressed....
141
81-Instances in which the question has arisen.............
142
82-The case of the "Caroline;" Great Britain's position...... 142
83-McLeod's connection with the "Caroline"; his arrest by
New York State......
84-Great Britain's position expressed by Mr. Fox.
85-Mr. Webster's reply.....
86-Final disposition of the case; McLeod's acquittal.
87-Federal statutes passed to meet similar cases..
88-Anti-Spanish riots in New Orleans of 1851.
89-Mr. Webster's position...
143
145
146
148
149
151
96-The "Montijo" case; claims by the United States against
other confederations; federal responsibility for acts of
State....
160
97-Result of the arbitration..
161
98-Decision of the Umpire......
99-Moore's History of International Arbitration..
100-Importance of the "Montijo" decision on the position of the
United States......
.....
101-Different meanings of the term "United States" when con-
sidered from external and internal standpoints again re-
ferred to...
163
165
166
102-Official definition of the word "country
103-Status of territory conquered by military forces of the Uni-
ted States..
167
104-Fleming vs. Page; The Tampico Duty case; Chief Justice
Taney's opinion...
..168
105-The position reversed; The Castine case; War of 1812; Jus-
tice Story's opinion..
171
173
106-Status of Cuba.....
The Teller Resolution, 173. Stipulations as to Cuba
in Spanish treaty, 174. The Foraker amendment,
175. Executive Orders, 175. Decision in Neely
vs. Henkel, 175. The Platt Amendment, 175.
107-Status of Cuba involved in the Neely case; extradition.... 174
Opinion in full in note, 178.
108 Uncertainty as to status of Cuba from internal standpoint... 179
109-National unity as to all foreign powers, a principle enun-
ciated by the Congress of the Confederation and continued
until the present time...
PART II.
HISTORICAL REVIEW OF THE TREATY-MAKING POWER OF THE
UNITED STATES.
189
CHAPTER IV.
THE TREATY-MAKING POWER AS AN ATTRIBUTE OF SOVEREIGNTY AND
AS EXERCISED BY CENTRAL GOVERNMENTS OF CONFEDERATED POW-
ERS. PAGES 191-234.
110-Ancient origin of treaties..
191
111-Treaty-making always vested in highest powers: Professor
Woolsey's views....
192
112 Views of Professor Lawrence..
194
113-Views of Henry Wheaton....
195
114-In confederations the treaty-making power is in the central
117-Constitutional limitations on treaty-making..
Extract from Glenn, 202.
201
118-Commencement of modern period of international law..... 203
119-Disregard of colonies in treaties made by European powers
as to American affairs..
Note on treaties affecting America, and extracts
therefrom, 204.
203
120-Treaty-making power of Great Britain vested in the Crown. 205
Extract from Anson on the Crown, 207.
121-Colonies have no treaty-making power except through the
Crown......
.......
208
122-Status of Dominion of Canada as to treaty-making power. 211
123-Concrete example of above principles..
Note on Anglo-American Joint High Commission
of 1898, 213.
213
124-Actual practice to appoint Commissioners from locality af-
fected....
215
125-Territorial origin of States of the Union...
126-No State or Territory ever possessed treaty-making power
except Texas and Hawaii....
217
127-That of Texas and Hawaii ceased on their becoming part of
the United States.....
218
128-Treaty-making power of Germany.
220
Extracts from Burgess, 220.
129-Treaty-making power of South American countries...
130-Other instances of treaty-making power......
Note on treaty-making power of several countries:
Belguim, 223. Germany, 224. Japan, 225. Mex-
ico, 225. Honduras, 226. Venezuela, 226. Ar-
gentine Republic, 227. The Confederate States,
229.
221
223
131-Treaty-making power as an attribute of sovereignty evi-
denced in cases of cession of territory..
228
132-General application of principles.....
232
133-Power only to be exercised by governments possessing com-
plete sovereignty......
Extracts from Lawrence, 233. Phillimore, 234.
CHAPTER V.
TREATIES, AND THE TREATY-MAKING POWER OF THE UNITED STATES AS
EXERCISED PRIOR TO AND UNDER THE CONFEDERATION.
PAGES 235-
284.
134-Treaty making and sovereignty as to colonies by central gov-
ernments. . . . . .
236
135-Colonies as the subject of treaties between European powers. 236
136-Nature of allegiance of American colonies to mother coun-
try
237