The treaty clauses of the Constitution are of sufficient importance to demand more consideration than is generally accorded to them in works on constitutional and international law, and it was my original intention to consider only the questions arising under them, but as the work progressed, it broadened in its scope so that now it treats of many questions of a cognate nature to which these clauses give rise. While no two lawyers will, perhaps, agree that one particular branch of a question is more important than another-in a sense they are all equally important-yet I have treated some subjects at length and others more concisely. The constitutional prohibitions on the states to enter into treaties, the making, taking effect and termination of treaties, and the federal questions arising under treaties, are treated, it is believed, with sufficient completeness. Specially, have I devoted attention to the construction of treaties, the extent of the treaty-making power, and the conflict between treaties and acts of Congress, state constitutions and statutes. The law relative to international extradition dependent on treaty, the rights and duties of consuls, the acquisition of territory by treaty, together with naturalization and expatriation, has been also rather fully considered, while the chapters on the responsibility of the government for mob violence and claims against governments-covering only a part of the ground, it is true-may possess an interest from another than a purely legal standpoint. It has been my aim to give the law as stated by the courts, but I have not hesitated, when I deemed it proper, to express my own views, placing them, however, in separate sections. It may not be inappropriate to add that I believe that the United States is a sovereign nation, fully capable, where not restrained by the limitations of the Constitution, of exercising all the powers that attach to sovereignty, and consequently that the treaty power should be construed in a broad and liberal spirit, and held to extend to all those subjects that are ordinarily disposed of by international negotiation. San Francisco, May 1, 1908. ROBERT T. DEVLIN. UNIVERSITY OF CALIFORNIA 6. Treaties under Articles of Confederation. 7. Weakness of the confederation. 8. Treaties under continental Congress. 9. Congress unable to guarantee observance of treaty obligations. 10. Refusal of states to observe treaties. § 14. Breaches of this treaty. 15. Constitution removed this defect. 16. Comments of James Madison. 18. Formation of Constitution. To what compacts does the Constitution apply. Boundaries between two states. § 44. Controversies at time of adoption of Constitution. § 51. Contract of state to exempt property from taxation. § 52. Subsequent statutes directing taxation of such property. 63. Rejection of treaties by Senate. 66. Proviso adopted by Senate. § 67. Amendment by declaration of interpretation. §68. Views of Department of State. 79. Importation of neat cattle. $80. Products of Cuba and Porto Rico. |