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Crade marks-Continued.

protection of registered, in Berne prior to occupation of Philippines: 308.
considered as property in the United States: 309.
owner of, in Spain, how protected: 310.

registration necessary in order to have protection: 310.
Insular Division, War Department, circular regarding: 310.

interpretation of: 311.
number of, registered in international registry at Berne: 311.

mode of registration in Cuba, Porto Rico, and the Philippines: 312.
Iramways in Porto Rico:

claim of Vicente and José Usera regarding alleged concession for construction

of: 531-534.
what are considered, under Spanish law: 5ul.

provisions of Spanish law concerning concessions for: 532.
Transvaal Concessions Commissions:

extracts from report of: 530.
Treason:

person guilty of, may be summarily executed under martial rule: 15.
defined in Penal Code of Spain: 548.
act of Philippine Commission defining sedition, etc.: 655 et seq.
compared with U.S. Revised Statutes: 658-663, 664, 666, 669.
laws of Florida: 665.

Kansas; 665.
Maryland: 665, 667.
New Jersey: 667.
Tennessee: 663.
Virginia: 668.

West Virginia: 665.
laws relating to, of-

Alabama: 671.
Arizona: 671.
Arkansas: 672.
California: 672.
Connecticut: 672.
Delaware: 672.
Florida: 673.
Georgia: 673.
Illinois: 673.
Indiana: 674.
Indian Territory: 674.
lowa: 674.
Kansas: 675.
Louisiana: 675.
Maine: 676.
Maryland: 676.
Massachusetts: 678.
Michigan: 678.
Minnesota: 678.
Mississippi: 679.
Montana: 979.
Nebraska: 679.
New Hampshire: 679.
New Jersey: 680.
New York: 681.

13635-02- 51

Treason-Continued.
laws relating to, of-Continued.

North Dakota: 681.
Ohio: 682
Oregon: 682.
Pennsylvania: 682.
Rhode Island: 683.
South Carolina: 685.
Tennessee: 686.
Vermont: 687.
Virginia: 687.
West Virginia: 688.

Wisconsin: 688.
Treaty:

constitutional power of King to make: 25.
can not be made by President of United States without concurrence of two-thirds

of Senate: 25.
provisions of, binding upon military government: 28.
ratification of, creates a contract: 38.
making power, conferred by Constitution on Government of the Union: 94.
acquisition of territory by: 94, 108.
making power can not declare sovereign will of the people: 151.
constitutional provisions regarding: 102, 167.
making power has not authority to fix relations of ceded islands and their

inhabitants with Federal Government: 249, 251.
interpretation of, to be determined by political branch: 248.
ci alliance, guaranty, and commerce not binding upon new State formed by

separation: 190, 303, 327.
to be considered as dated at its ratification, as to individual rights: 516, 574.
a law of the land, etc.: 517.
the supreme law of the land: 517.
should be liberally construed: 517.
with France. (See Louisiana purchase treaty.)
with Great Britain of 1794: 39.

1818, provisions and interpretation of: 330.

1783, provisions of: 329.
Louisiana purchase-

debate on: 34, 124-128, 129, 130.
provisions of: 41, 77, 83.
how made effective: 43.
assailed as an act of imperialism: 122.
ratification of by Senate: 124.
assailed as being unconstitutional: 124.
formulation, approval, and ratification of: 159.
provisions of, regarding inhabitants of ceded territory: 243.

status of ceded territory to Federal Government:

243.

trade: 332
with Mexico, 1848: 41, 83, 96, 101, 166.

necessity of military government in New Mexico and California: 16.
provisions regarding protection of property rights: 383, 464.
how made effective: 44.
proclamation of: 101.
message of President Polk notifying ratification of: 168, 1953.
acquiring territory known as Gadsden purchase: 42.

Treaty-Continued.
with Russia, 1867–

acquisition of Alaska by: 42, 84.

proclamation of: 170.
with Spain of peace, 1898–

rights of military authorities after celebration of, report on: 16 et seq.
effect of upon character of military government in Porto Rico, Cuba, and

the Philippines: 19 et seq.
comparison with other treaties: 41.
purposes of: 45.
cessions of Porto Rico, Philippines, and Guam: 46.
meaning of cession as used in: 46.
effect of: 47.
confirmation of, the consummation of a war: 47.
provisions of relating to Spanish subjects: 118.
correspondence regarding provisions of: 181.
intention of article 8: 206.
provisions as to property and rights destroyed during war: 206.

of regarding claims for indemnity, etc.: 342.

regarding property rights in Cuba: 382.
rights guaranteed Spanish subjects in islands ceded by: 474.
final character of judgments rendered by courts in Cuba: 486, 488.

provisions regarding release of political prisoners of war: 563.
with Spain of 1819–

ratification of, by Senate: 44.
provisions of: 162.

regarding grants of land made by King of Spain: 518.
purpose and intent of: 518.

regarding rights belonging to the peaceful possession of property:543.
Trial by jury:

is not a right but a means of securing a right: 110.
is an essential part of the common law: 110.
is not an essential part of civil law: 110.
guaranty of, dates back to Magna Charta: 110.
right to, in suits at common law, applies to Territories: 110.
in Utah: 110, 111.
in the District of Columbia: 112.
right of, is an acquired right: 113.

acquired by and through the Constitution: 113.
in Territories-

Thompson v. Utah: 110.
Webster v. Reid: 111.
Reynolds v. United States: 111.
American Publishing Co. v. Fisher: 111.
Springville v. Thomas: 112.
Callan v. Wilson: 112.

Walker v. Sauvinet: 114.
Trist, H. R.:

appointment as collector at New Orleans: 159.

instructions from Gallating regarding taxes, etc.: 159.
Troops, encampment of:

claims against United States by reason of, in Porto Rico, Cuba, Hawaii, and
Philippines, report on: 338-350.
determination of unliquidated damages requires exercise of judicial powers:

339.

Trujillo, Antonio Maria:

engaged in insurrection in New Mexico, case of: 272, 502.

refusal of President to exercise power to pardon: 274, 504.
Turkey:
consular courts in: 59.

U.
Ubarri, Pablo:

grant of Crown of Spain to build tramway from San Juan to Rio Piedras, Porto

Rico: 432.
United Railways of the Habana and Regla Warehouses:
report on contract with Cuban and Pan-American Express Company: 511-513.

annulment of, by General Wood: 511.
objections urged against, by Cuban authorities: 511.
provisions of contract: 512

validity sustained by Cuban Government: 513.
United States:

sovereignty and jurisdiction of, over Porto Rico: 19.
in undisputed possession of Porto Rico: 20.
constitutional obligation of, to guarantee States republican government: 22.
Federal Government of: derivation of its powers: 29.
can not receive or exercise royal prerogatives: 29.

(See Sovereinty, Treaty.)
territorial boundaries of, do not advance with successful armies, etc.: 37.
derivation of right to acquire territory: 37.
how opportunity to extend boundaries of, may be afforded Congress: 38.
title of, to California and New Mexico perfected by conquest: 41.
acquisition by, of territory known as Gadsden purchase: 42.

Alaska: 42.
how extension of boundaries of, to Hawaiian Islands accomplished: 42.
territorial boundaries of, not referred to in treaty of peace with Spain: 46.
may extend boundaries by conquest or treaty: 48.
may acquire rights outside boundaries of its territory: 53.
sovereignty of, follows the flag: 54.
territorial boundaries of, do not follow the flag: 54.
boundaries of, may be extended by Congress to include islands: 54.
as a sovereign nation may acquire and govern new territory: 66.
government of territory held by, belongs to Congress, etc.: 66.
is a national government: 69.
can acquire territory only for conversion into States: 81.
Government, limitation of powers of: 86.
what is meant by: 91.
may acquire territory by conquest or treaty: 94.
division of territory under the sovereignty of: 172.
rights of, respecting allegiance of inhabitants of islands affected by treaty with

Spain of 1898: 173.
not liable for payment of liabilities incurred by Spain, etc.: 180.
refusal of, to assume obligations of Manila and Dagupan Railroad concession: 189.
can not exercise rights and privileges of sovereign of a monarchy: 188, 245.
liability of, for debts of Texas: 190.
refusal of, to assume financial obligations of Spain in Cuba: 208.
authority of, to exercise belligerent rights in dealing with insurrection in the
Philippines: 211-218.

not affected by treaty of peace with Spain: 216.
power of Government of, to permit limited intercourse with enemy: 222.
while holding country as territory have powers of national and municipal gor-

ernment: 239.

United States—Continued.

how national authority of, exercised in the Philippines: 239.
right of, to regulate trade with Philippines, not controlled by Constitutional

limitations: 241-251.
powers of Congress regarding territory belonging to: 25, 63, 66, 89, 245.
sovereignty of, over Philippines, position taken by American Commission regard-

ing: 247.
treaty-making power of, is without authority to establish relations of Federal

Government to territory, etc., acquired by conquest: 243, 251.
act of Philippine Commission to prevent discrimination against money of: 255.
banks and banking in, subject to legislative regulations: 258.
legality of action of, in seizing Philippine-insurgent funds: 262.
policy of, in the Philippines: 331.
not responsible for unlawful acts of individual soldiers: 343.
while exercising rights of belligerent may temporarily seize and occupy private
property without liability for compensation: 345.

right to impress may be waived and liability for compensation created: 346.

how waiver accomplished: 346.
citizenship, how acquired: 119.
civil war. (See American civil war.)
boundaries do not advance with successful armies, etc.: 41.
fishery dispute with Great Britain: 329.

(See Treaty.)
United States and Haiti Telegraph Company:

cable operated by: 282.

lines of, operated in conjunction with French Cable ('ompany: 282.
United States v. Arredondo:

effect of action of political branch regarding territory: 47, 249.
validity of grants made by previous sovereign in territory acquired by the United

States: 575.
United States v. Gratiot:

acquisition and government of new territory by the United States: 66.
United States v. Nelson:

power of Congress in legislating for Alaska: 88.
United States v. The James G. Swan:

assertion of the sovereignty and jurisdiction of the l'nited States: 56.
Unoccupied lands:

transfer of, by States to Federal Government: 123.

incorporation of, into public domain belonging to Federal Government: 123.
Usera, Vicente and José:

report on claim of, relating to concessions for tramway from Ponce to Barrio de
la Marina: 531-534.
proceedings had, not sufficient to create completed grant or concession: 531

et seq.

(See Tramways.)
Utah:

extension of United States Constitution, etc., to: 90, 111.
right of accused to trial by jury in: 111.

Valdez, Ramon:

application for license to utilize water power in Comerio, P. R., report on: 495–
500.

issue of revocable license to: 500.
opinion of Attorney-General: 640.

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