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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
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.
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..