The Treaty Making Power of the United States: pt. 3. Judicial decisions affecting the treaty-making power of the United States, its extent and applicationBanks Law Publishing Company, 1902 |
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Страница 313
... Courts and Exterritoriality , 335 ; Note on Consuls , 336 ; Note on Exterritoriality , 343 . 451 - Trial by jury not necessary in consular courts established by treaty .... 452 - Consular courts sustained by Supreme Court in In re Ross ...
... Courts and Exterritoriality , 335 ; Note on Consuls , 336 ; Note on Exterritoriality , 343 . 451 - Trial by jury not necessary in consular courts established by treaty .... 452 - Consular courts sustained by Supreme Court in In re Ross ...
Страница 314
... Supreme Court , Hauenstein vs. Lynham ; The Cherokee Tobacco .. 473 - Justice McLean's views in Lattimer vs. Poteet ... 474 - Northeastern boundary controversy ; views of Daniel Web- ster and Chancellor Kent .... 386 387 387 Note on ...
... Supreme Court , Hauenstein vs. Lynham ; The Cherokee Tobacco .. 473 - Justice McLean's views in Lattimer vs. Poteet ... 474 - Northeastern boundary controversy ; views of Daniel Web- ster and Chancellor Kent .... 386 387 387 Note on ...
Страница 324
... Supreme Court did not relate to a treaty made by the President and ratified by the Senate under the Constitution , but one which had been made under the Confederation - the Definitive Treaty of Peace of 1783 with Great Britain ; the ...
... Supreme Court did not relate to a treaty made by the President and ratified by the Senate under the Constitution , but one which had been made under the Confederation - the Definitive Treaty of Peace of 1783 with Great Britain ; the ...
Страница 328
... Supreme Court ; it is also inter- esting to note that on this single occasion he was unsuccessful . Justice Paterson had been a member of the Constitutional Convention , and , as we have already seen , largely instru- mental in ...
... Supreme Court ; it is also inter- esting to note that on this single occasion he was unsuccessful . Justice Paterson had been a member of the Constitutional Convention , and , as we have already seen , largely instru- mental in ...
Страница 329
... courts of the States and of the United States , includ- ing the Supreme Court itself , which has on more than one occasion made them the basis of its decisions in regard to the construction of treaties , not only in respect to this ele ...
... courts of the States and of the United States , includ- ing the Supreme Court itself , which has on more than one occasion made them the basis of its decisions in regard to the construction of treaties , not only in respect to this ele ...
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Чести термини и фразе
abrogation act of Congress aliens Amendment applied authority Britain ceded territory Cherokee Nation Cherokee Tobacco Chief Justice China Chinese Exclusion Chinese laborers cited citizens citizenship conflict Constitution court held Court of Claims decided decision declared domicil duty effect of treaties enacted enforce ernment executive exercise existing extradition favored nation Federal follows foreign nations Fourteenth Amendment gress habeas corpus heirs Indian tribes inhabitants international law involved judicial jurisdiction land Lau Ow Bew legislation ment parties passed persons protection provisions question ratified referred regard regulate relations repeal residing respect rule Sawyer Senate sion sovereign sovereignty Spain statutes Supreme Court supreme law surrender syllabus thereof tion treaties of cession treaty stipulations treaty-making power U. S. Cir U. S. Ct U. S. Dist U. S. Stat U. S. Sup U. S. Treaties United vessel vested violation Wong Kim Ark
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Страница 455 - The canal shall never be blockaded, nor shall any right of war be exercised nor any act of hostility be committed within it. The United States, however, shall be at liberty to maintain such military police along the canal as may be necessary to protect it against lawlessness and disorder.
Страница 409 - American army, shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become, members of the confederation or federal alliance of the said States, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever.
Страница 397 - The modern usage of nations, which has become law, would be violated; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance; their relation to their ancient sovereign is dissolved; but their relations to each other, and their rights of property, remain undisturbed.
Страница 394 - It may not be unworthy of remark that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated ; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated and private rights annulled.
Страница 378 - If Chinese laborers, or Chinese of any other class, now either permanently or temporarily residing in the territory of the United States, meet with ill treatment at the hands of any other persons, the Government of the United States will exert all its power to devise measures for their protection and to secure to them the same rights, privileges, immunities and exemptions as may be enjoyed by the citizens or subjects of the most favored nation, and to which they are entitled by treaty.
Страница 397 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination.
Страница 387 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the enjoyment of all the rights, advantages, and immunities, of citizens of the United States ; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Страница 378 - Chinese subjects, whether proceeding to the United States as teachers, students, merchants, or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exemptions which are accorded to citizens and subjects of the most favored nation.
Страница 397 - For this purpose, where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations...
Страница 455 - President relative to correspondences, commissions, or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the Department, and he shall conduct the business of the Department in such manner as the President shall...