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Congressional power to protect,

88.

Exclusion of, constitutional, 83,

130, 303.

Expulsion of constitutional, 83,
303.

Indemnity for injury of, 225.
Insufficiency of legislation to pro-
tect, 187.

International law applied in cases

regarding status of, 172.
Jurisdiction of federal courts in
cases affecting, 201-203.
Offenses against punished, 180.
Rights of, 170, 201.

Source of power to exclude and
expel, 133.

State legislation discriminating
against, 162.

State power to protect, 154, 179.
(See also Treaties.)
Ambassador, power to appoint, 325.
(See also Diplomatic Officers.)
Amelia Island Case, 193, 296.
Amendment to constitution. (See

Constitution of United States.)
Amendment to treaty. (See Trea-
ties.)

Amends in reparation, 229.
American Civil War:

Commencement of, 288.
Termination of, 291.

Anarchy, offense against interna-
tional law, 188.

Annexation. (See Act of Congress,

Territory, Treaties.)

Appam, case of, 24, 342.
Apology, amends by, 229.

Appointment of officers, power to
make, 314.

Appropriations, power to make, 225.
Arbitration, International:

Authority to submit cases to, 62,

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Number of cases settled by, 244.
Submission of cases to, constitu-

tional, 110.

Types of cases submitted to, 215.
(See also Treaty.)
Arbitration court, establishment of,
334.

Arbitration Treaties, 109, 223.

Definition of justiciable ques-

tions, 211-212.

Not applicable to third parties,
166.

Senate rejection of, 252.
Suggested by Congress, 248.
Arguelles, case, 78, 190, 195, 237.
Armament limitation:

Provisions of League of Nations
Covenant, 114.

Treaties on, suggested by Con-
gress, 248.

Armies, power to raise, 85.
Armistice, 240. (See also Executive
Agreement.)

Arms trade, 184, 191.
Aroostook war, 230.

Arthur, Chester A., President, Veto
of Chinese exclusion act, 165, 261.
Articles of Confederation, 21.

Control of Foreign Relations
under, 61, 138.

Legislation enforcing interna-
tional law under, 177, 179, 180.
National powers under, 145.
Treaty power under, 43, 246.
Assassination, not a political offense,
189.

Asylum, not permitted, 168.

Austin, John, on Nature of Interna-
tional law, 210.

Austria:

Protest on President's comment
on Kossuth revolution, 36.
Termination of war with, 293.
(See also Treaties.)
Austria-Hungary, declaration of war
against, 289.

Bacon, Senator, of Georgia:

On legislative nature of treaty-
making power, 139, 140.
On Senate participation in treaty
negotiation, 250.

Baldwin, Simeon E., On power of
President to conclude compromis
of arbitration, 108.

Barnett, James F., on power of
states to make agreements, 232.
Bayard, T. F., Secretary of State:
On display of force, 294.
On international responsibilities,
18.

On power to interpret political
treaties, 215.

On powers of Congress and
President to determine obliga-
tions, 216.

On Senate amendments to treaty,
47.

On termination of war, 291.
Belligerency :

Distinguished from insurgency,
200, 269.

Recognition of, a political ques-
tion, 172.

Benton, Thomas Hart, Senator from

Missouri:

On Diplomatic Officers.

Resolution

tion, 279.

on

Texan annexa-

Bering Sea fisheries case, 110, 164,

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On nature of national powers,
131.

On political questions, 83.
British Empire, International respon-
sibilities of, 15. (See also Great
Britain.)

Bryan, William J., Secretary of
State:

On irregularity of diplomatic
communications to the people,

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Capitulations, 240.
Caroline case, 206.

Cartel, 235, 240. (See also Execu-
tive agreement.)
Ceremonials, obligation of, 209.
Cherokee Indians. (See Treaties.)
China:

Dispatch of troops to, by Presi-
dent, 227.

Reservation to treaty of Ver-
sailles, 49. (See also Trea-
ties.)

Chinese exclusion acts:

Protected by China, 17, 162.
Subject to international cogni-
zance, 32. (See also Acts of
Congress.)

Citizens of the United States, defini-
tion, 276.
Citizenship:

Determination by courts, 278.
Recognition by Department of
state, 277.

Civil services, observance of interna-
tional law by, 167.

Civil war, authority to use force in,
193. (See also American Civil
War.)

Claims:

Delegation of power to settle,

220.

International, 82, 209.

Law applied in settling, 222.

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On right of Senate to refuse
ratification of treaties, 44.

On reprisals, 298.

Resolution of recognition, 279.
Clayton-Bulwer treaty. (See Trea-
ties, Great Britain.)

Cleveland, President Grover:

On Monroe Doctrine, 39, 283.
On obligation to indemnify in-
jured aliens, 225.

Urges legislation to enforce arms

trade treaty, 191.
Colombia. (See Treaties, Colom-
bia.)

Colonial governor, power of, 145.
Comancho case, 99, 162.
Commander-in-chief, power of Presi-
dent to make arrangements as, 240.
(See also President.)

Comity of nations, international un-
derstandings, 8, 212.

Commerce, power to control, 302.
Commercial treaties. (See Treaties.)
Commission of inquiry, power of
President to submit controversies
to, 219.

Commissioners, appointment of, 326.
(See also Diplomatic agents.)
Common law:

Certain principles of, 209-211.
Obligations under, 213.

Jurisdiction of federal courts
under, 196-198.

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Delegation of power to make in-
ternational agreements, 105,
233, 236, 374.

Duty of courts to apply acts of,
350.

Duty of President to enforce
acts of, 350.

Duty to carry out Executive

agreements, 237, 349.

Duty to carry out military under-

taking of President, 349.
Duty to execute treaties, 191,

Incompatibility of membership
in, with public office, 316.
Influence in foreign relations,
366, 370.

Initiative in domestic affairs, 148.
May be deprived of discretion
by treaty. 103.

National obligations to be deter-
mined by, 216.

Observance of international law
by, 162.

Powers concurrent with Presi-
dent, 340, 341.

Powers concurrent with treaty-
making power, 344, 345.
President's official communica-

tions to, subject to interna-
tional cognizance, 36.

Privileges and immunities of, 96.
Recognition of international re-
sponsibilities, 18.

Rejection of resolutions affecting
foreign relations, 279.
Relation to President, 371.
Resolution of single house, not
subject to international cogni-
zance, 33.

Veto on war declaration, 149.
(See also Act of Congress;
Congress, powers; House of
Representatives, Senate.)

Congress, powers of, 96.

Abrogation of treaty, 260.
Annexation of territory, 275–276.
Appropriations, 225.1
Cable landing, 267.

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Denunciation of treaty, 258.
Enforcement of treaty, 185, 228.
Extradition, 190, 195

Foreign relations, 138, 139, 266,
267.

Government of territory, 134.
Imports prohibition, 303.
Initiation of treaties, 233-234,
Organization of army and navy,

221, 320.

Participation in international or-
ganization, 334.

Protection of resident aliens, 88,
187.

Rank of diplomatic officers, 324-
325.

Recognition, 270, 271, 273, 286.
Reprisals, 298.

Resolutions on foreign policy,
278-283.

Termination of executive agree-

ments, 236.

Termination of voidable treaties,
356.

Termination of war, 292.
Treaty making, 261
Use of force, 305.

Conquest:

Acquisitions of territory by, 276.
Termination of war by, 291.
Conspiracy against foreign states, 188.
Constitution of United States:

Amendments to, when effective,
31.

Appeals from Supreme Court to
international tribunal not per-
mitted by, 118.

Compared with British constitu-
tion, 375.

Compared with European consti-
tutions, 369.

Controls conduct of foreign rela-

tions, 4.

Courts can not exercise non-judi-

cial powers, 117.
Delegation of legislative power,
prohibited, 99, 103, 312.
Extent to which knowledge of,
by foreign nations is presumed,
38, 41.

Fundamental principles of,

75.

71-

Importance of able men to ad-
minister, 372, 373.

International law to be enforced
under, 179.

International responsibilities rec-
ognized by, 18.

Interpretation of, in accordance
with international law, 162.
Motives for forming, 145.
Need of modification in foreign
relations control, 368.

Protects powers of each depart-
ment, 98.

Reasons for friction in its opera-
tion, 369.
Supersedes customary interna-
tional law, 174.

Validity of consent to treaty de-
termined by, 26. (See also
Congress, Courts, President,
Separation of Powers, States
of United States, Treaty-mak-
ing power.)
Constitutional limitations:

Do not affect international re-
sponsibilities, 17.

Mainly of territorial application,
124.

On foreign relations power, 121,
125.

On national powers, 76.
On state powers, 73.
Constitutional provisions referred to:

Abolition of slavery, 80, 301, 350.

Administration of territory, 355.
Admission of new states, 130,
275.

Appointing power, 98, 101, 119,

314-316.

Appropriations, 104, 354.
Citizenship, 276.

Compulsory process for obtain-
ing witnesses, 56, 79, 81, 162.
Creation of courts, 99, 103, 312.
Creation of offices and agencies,

103, 311.

Declaration of war, 104, 355.
Diplomatic officers, 14, 243, 323.
Division of power between states
and nation, 73, 132.

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