The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-20

delightful. II would be a pleasure to
quote freely from these chapters. but
space performs it's conventional func-
ton, and we can only reproduce the
bare statement Of the various dis
abilities Of the treaty making power:
I. A treaty cannot take away or i'm
pair the fundamental rights and liber-
ties Of the people secured to them in
the Constitution itself or in any
amendment.
2. A treaty cannot bind the United
States to do what is expressly or i'm
pliediy forbidden In the Constitution.
g. A power granted in the Consti-
tuition to be exercised by a certain de-
partment ~ the Government. and In a
certain way, cannot be validity exer-
cised by a treaty in disregard OF the
manner prescribed In the Constitution.
4. A treaty cannot change the form
Of the Government OF the United
States.
s. Personal and property rights Of
every kind and description may be the
subject OF treaties. Whenever the on
troll or protection NJ such rights Is.
under the Constitution. confded to any
department Of the Government or to a
State. such department or State. as the
constitutional repository Of such rights,
cannot be ousted Of its Jurisdiction by
having the same transferred to the
treaty making power.
s. The treaty power cannot confer
greater rights upon foreigners than
are accorded citizens Of the United
States under the Constitution.
Next to the financial supervisory
rights OF the House Of Representatives
come. in point Of Importance and pub
lie interest. the relations with foreign
States embodied In treaties in which
protection Of their citizens in this
country Is guaranteed by treaty in
r~eciprocation of similar protection for
our own citizens abroad. Prof. Tucker
reproduces interesting diplomatic cor
respondence concerning the demolition
Of the Spanish Consul's office in New
Orleans in 1851. the killing OF Italians
by a mob In the same city In 1891. the
injuries to Chinese and their property
In Denver in a riot in 1880. the out
RACES upon Chinese in Wyoming In
1885. and the case Of the Caroline,
especially interesting because It brings
""' III .iea.es. rehei " NANNY o'
'"e reue,ai government 10 '"'e.iete
VII" a s'a'es performances Vi i's
po,'ce ou'ies' wen wne" '"'erha'ioha
relations are involved.
ou. OF an 'nis CORRESPONDENCE, III
Wnrcn "eps.er' Marcy E'ar,s' ire
Iihsn"yseh o,aine anu nasaro speah
ior 'ne ohi'eo STATES. 'ne one utter
a"ce i"os' cosen'.y anu coneise'y pear-
ing upon 'ne matter unoer consiuera-
non " nus III Secretary p,ai"e ie..er
. Mlhis'er 'neh Ian III III 1871.
'ouI opser'a,ions 10 the erect 'na'
~.rea'ies iorrn a part OF .ne supreme
Jaw % the 'anu eauaiiy WIN 'ne Oon-
s''u,Ion Vi Tue oni'eu states are e''-
ueh,Iy paseu on a misconcep'ion OF
Nv Oons,i,u'Ioa iha' Instrument 10
se'ne' WI" al, Jaws WHY" are "'aoe
IN pursuance 'nereo.' ahu al 'rea.,es
'"aue VI "h'ch shaii pe rhaoe "hoer 'he
"u''olny ,ne .h,eu "'a'es' a'e
u supreme "" '" ."e .""u. o"N"
10 Nv "'su"e- Vi '"e .o"s'i'u'io"
u " mus We oo'ti'e" .na' .ne
ray no res '"ah ."e stature Ia"
mus oe maui III corloI"n's WIN .ne
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'"n'ia'e"e '"e Pri"ViPies VI '"e No"-
s.l.','on, sun pIo>,slo" mus sNe
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