Due process of law, 78, 170, 196,

202.

Duty to execute laws, 146, 157,

235, 305, 357.

Executive power vested in Presi-
dent, 95, 135, 155.
Foreign commerce, 302, 303.
Grand jury, 85.

Guaranteed rights of individuals,

77.

Guarantees of criminal proce-

dure, 355.

Independence of judiciary, 202.
Inviolability of state territory,
55, 57, 89, 307.
Judicial power, 95, 116, 158.
Jurisdiction of federal courts,

202.

Legislative power vested in Con-

gress, 95, 96.

Letters of marque and reprisal,
298.

Maintenance of courts, 15.
Militia, 94, 304.
Naturalization, 277.
Necessary and proper clause, 80,
87, 155, 179, 311, 357.
Non-suability of states by indi-
viduals, 205.

Offenses against law of nations,
79, 87, 155, 179.

Organization of army and navy,
320.

Organization of courts, 355.
Powers of President, 141, 146.
Power to conduct foreign rela-
tions, 71.

Power to meet international re-
sponsibilities, 159.

Rules of capture, 85.
Separation of powers, 76, 95.
States' rights, 76, 86.

Supreme law of the land, 5, 32,
344.
Treaty-making power, 53, 246.
Treaty supersedes state laws, 162.
Treaties supreme law of land, 57,
73, 104, 172, 196, 354.
Veto power, 141.

War powers of national govern-
ment, 284.

War powers of states, 264.
Constitutional understandings:

Importance of, 8, 126, 368, 369,

Contractual obligations, responsibility
for, 153.
Continental Congress, recognition of
international responsibilities, 18.
Contributions of enemy property, 299.
Controversies, international, settle-
ment of. (See Arbitration, Ex-
ecutive agreements, Permanent
Court of International Justice,
Treaties.)

Convoys, power to authorize, 295.
Cooley, T. M., on popular sover-
eignty, 72.

Copyright agreements. (See Acts of
Congress.)
Corwin, E. S.:

On concurrent powers of depart-
ments, 341.

On Congressional resolutions on
foreign policy, 281.

On President's power to make
executive agreements, 240.
On recognition power, 273.
On representative powers of
President, 23.

Council of conciliation, power of
President to submit controversy to,
219.

Courtesy, international, duty of, 209,

385

Bound by written law, 174.
Can not make international
agreements, 234.

Constitutional powers of, 96.
Determination of citizenship by,
278.

Decisions do not affect interna-
tional responsibility, 18.

Do not investigate political ques-
tions, 172, 269.

Duty to apply Acts of Congress,
351.

Duty to apply reservations to
treaty, 253.

Duty to apply treaties, 172, 257.
Enforcement of executive agree-
ments, 236, 242.

Establishment of, required by in-
ternational law, 14.

Foreign relations powers of, 266,
267.

Observance of executive agree-

ments, 239.

Observance of international law,
170.

Power to meet international re-
sponsibilities, 158.

Recognition of termination of
treaty, 256.

Recognition of territorial accre-
tions, 273. (See also Court of
Claims, Federal courts, Su-
preme Court.)

Courts, Prize. (See Prize courts.)
Crandall, S. B.:

On Congressional initiative of
treaties, 248.

On duty to know treaty power
of foreign states, 41.

On negotiators of treaties, 249.
Crawford, Secretary of the Treasury,
on power of recognition, 272.
Criminal judgments, not executable
in foreign courts, 189.
Criminal jurisdiction

of

federal

courts. (See Federal courts.)
Crown, British, powers of, 143.
Cuba, dispatch of troops to, by Presi-
dent, 227. (See also Treaties.)
Cuban insurgents, status of, 173.
Cullom, Shelby E., Senator from Illi-

nois, on arbitration treaties, 112,

Cushing, Caleb, Attorney-General:

On duty of Congress to execute
treaties, 63

On President's power of direc-
tion, 317.

On President's power to deter-
mine rank of diplomatic offi-

cers, 324.

Czar's ambassador, case of, 178.

Dana, H. W., on obligation of Con-
gress under treaties, 63.

Davis, acting Secretary of State, on
methods of presenting international
claims, 23.

Davis, Judge Advocate General, on
use of militia, 308.

Declaration of London. (See Trea-
ties.)

Declaration of Paris. (See Trea-
ties.)

Declaration of War. (See War.)
Declaratory judgments on bound-
aries, 213.

De Facto Government:

Treaty making power of, 57.
Unofficial reception of missions
from, 35.

Delegate distinguished from repre-
sentative, 318.

Delegation of legislative power.

(See

States.)

Constitution

Democracies:

Diplomatic relations, grounds for
breaking, 20.

Diplomatic service, appointments to,
325, 335.
Diplomatic agent:

Appointment of, 316, 328, 329.
Position compatible with judicial
or legislative office, 316.
Diplomatic agreements, 243. (See
also Executive agreements.)
Diplomatic etiquette, breach of, in
Senate amendment to treaty, 45.
Diplomatic immunities, 79, 162, 168,
173, 177.

Diplomatic instructions, 168.
Diplomatic mission:

By naval officers, 297.
Self constituted, forbidden, 34.
Diplomatic officers:

Communicate only with execu-
tive, 29.

Communications to people im-
proper, 29.

Duty to exchange, 209.

Grades established by interna-
tional law, 323.

Immunities of, 79, 162, 163, 168,
173, 177.
International

cases affecting, 171.

law applied in

of

United

Jurisdiction in

cases affecting,

170, 202.

Capacity to conduct foreign re-
lations, 365.

Dependence on law, 370.
Denial of justice, 152, 170.
Denunciation of treaty. (See Trea-
ties.)

Department of State. (See State,
department of.)

Derby, Lord, on obligation of guar-

Disarmament. (See Armament limi-
tation.)

Discovery, acquisition of territory
by, 274.

Display of force, 294.

Domestic affairs distinguished from
foreign affairs, 150, 263, 264.
Dominions, British self governing:
Foreign relations power of, 16.
Representation in League of Na-
tions, 16.

Drago doctrine, 153.

Draft acts, constitutionality of, 85,

94. (See also Acts of Congress.)
Dubois, Dutch minister, case of, 79,
162.

Due diligence, 152, 176, 177.

Due Process of Law. (See Consti-
tution of United States.)
Duponceau, Peter, on obligation of
international law, 58, 358.

Executive agreements referred to:
Boxer protocol, 1901, 241.
Canadian reciprocity, 349.
Copyrights, 105.

Costa Rica, transisthmian canal,

349.
Gentlemen's

Japan, 243.

agreement, with

Germany, 1918, armistice, 54.
Germany, 1918, peace prelimi-
naries, 54, 216, 241, 349.
Great lakes disarmament, 1817,
242.

Guantanamo lease, 107, 236.
Hay open door notes, 243.
Horse-shoe reef cession, 236, 349.
Lansing-Ishii agreement with
Japan, 235, 243.

Mexican boundary marauders,
187, 217, 242.

Nicaragua canal, 349.

North Atlantic Fisheries, 240.
Patents, 105.

Postal service, 105.
Reciprocity, 106.

Root-Takahira agreement with
Japan, 235, 243.

San Juan island occupation, 239.
Santo Domingan customs, 156,
349.

Spain, 1898, peace preliminaries,

54. 241, 349.

Trade marks, 105.

interna-

Executive regulations and instruc-
tions, how enforced, 168.
Expatriation, right of, 277.
Expulsion. (See Aliens, Alien ene-
mies.)
Extradition:

Based on treaty, 189.

By authority of President, 190,
194.

By state authority, 153, 178, 231.
Constitutionality, 78.

Jurisdiction of federal courts
over, 198.

Political assassins liable to, 189.
Statutes regarding, 184.
Extra-territorial courts:
Establishment of, 15.

Criminal jurisdiction of, 191.

Family of nations:

Admission to, 20.
Organization of, 214.

States members of, bound by in-
ternational law, 58.

Federal Courts:

Creation of, 312.

Decision on political questions,
173.

Duty of President to execute de-

cisions of, 346, 347.

May not exercise non-judicial

functions, 312.

Powers concurrent with Presi-
dent, 342, 343.

Power to determine national ob-
ligations, 221. (See also
Courts of United States, Su-
preme Court.)

Federal Courts jurisdiction:
Admiralty, 200, 201.

Cases affecting aliens, 170-171,
201-203.

Cases affecting diplomatic offi-
cers, 202.

Cases affecting military and
naval officers, 169.

Cases brought by foreign states,
23.

Claims, 221-222.

Criminal, 196-199, 355, 356.
Exclusive, 178.

Enforcement
law, 196.
Enforcement of neutrality, 182.
Enforcement of treaties, 190, 191.
Extradition, 198.

of international

Prize, 169, 200, 221.

Release of persons claiming im-
munity under international law,
171.

Federal governments:

Treaty-making power may be
distributed, 15.

Unitary responsibility of, 15.
Federalist:

On Articles of Confederation,
21.

On control of foreign relations,
364.

On inapplicability of constitu-
tional limitations to foreign
relations power, 124.

On nature of foreign relations
power, 140, 147.

On obligation of treaties, 6.
Field, David Dudley, on conspiracy
against foreign nations, 185.
Field, Justice:

On sovereign powers of national

government, 130.

On treaty-making power, 121.
Fillmore, Millard, President:

Executive agreement by, 237.

On war powers of President, 192.
Finley, J. H., and Sanderson, J. F.,
on coöperation of departments, 346.
Fish, Carl Russel, on control of for-
eign relations, 368.

Fish, Hamilton, Secretary of State:
On Dillon case, 17.

On relation of legislation to
treaty, 17.

On Senate amendments to treaty,
47.

Fisheries:

Executive agreement regarding,
239.

Senate rejection of treaty con-
cerning, 252.

State agreements on, 232.
Florida invasion, 193. (See also
Treaties, Spain.)