THE

-MAKING POWER

OF THE

NITED STATES

BY

RLES HENRY BUTLER

OF THE NEW YORK BAR

VOL. II.

ECISIONS AFFECTING THE TREATY-MAKING POWER
ED STATES, ITS EXTENT AND APPLICATION

NKS LAW PUBLISHING CO.
URRAY STREET, NEW YORK

1902

TABLE OF CONTENTS

OF

VOLUME II.

PART III.

JUDICIAL DECISIONS AFFECTING THE TREATY-MAKING POWER OF

THE UNITED STATES, ITS EXTENT AND APPLICATION.

CHAPTER XI.

JUDICIAL DECISIONS IN REGARD TO THE RELATIVE EFFECT OF TREATY

STIPULATIONS AND STATE LAWS, PAGES 1-62.

SECTION

PAGE

319-Subject reviewed thus far from historical and not from judi-

cial standpoint......

2

2

320-Views of members of Constitutional Convention not always

followed by courts...

321-Construction and effect of constitutional provisions to be

determined by courts; President Jackson's views as to

personal construction....

4

5

322-Views of publicists and courts as to extent and scope of

treaty-making power...

323-Treaty-making power to be considered as to scope and ex-

tent, its effect on State legislation, and the relative effect

of treaties and Congressional statutes....

324-First important treaty case; Ware vs. Hylton....

325-Far-reaching effect of decision in Ware vs. Hylton; five opin-

ions delivered......

326-Opinions of Justices Chase and Paterson..

327-Opinions of Justices Wilson and Cushing.

5

6

678

328-Justice Iredell's dissenting opinion.....

9

329-John Marshall's defeat; personnel of the court...........

330-Ware vs. Hylton the leading authority for over a century.. 11

331-Fairfax vs. Hunter; Justice Story's opinion; State law and

treaties, 1812..

10

332-Chirac vs. Chirac; Chief Justice Marshall's opinion, 1817..

333-The Pollard Case; Justice Baldwin's opinion; 1840......

334-Hauenstein vs. Lynham; Justice Swayne's opinion; 1879.. 20

335-Geofroy vs. Riggs; Justice Field's opinion 1889; the great

extent of the treaty-making power.............

336-The Chinese influx; legal questions and treaty rights in-

volved..