xvi MINUTES. 



ing within its terms, become effective immediately on their conclu- 

 sion or their proclamation. 



With regard to the control of the foreign relations of the United 

 States by the federal government, the question whether such control 

 is exclusive or is divided with the state governments reaches down 

 to the very foundations of our constitutional system and of the 

 standing, unity and power of the United States among the nations 

 of the world. In this relation the view that, in the international 

 sphere, powers may be ascribed to the government of the United 

 States on grounds of " sovereignty," and the view that all federal 

 powers must be derived from the constitution either expressly or by 

 implication, do not necessarily lead to contradictory results. Per- 

 sonally, I do not hesitate to avow the opinion that all foreign-inter- 

 course power in the United States is conferred upon the national 

 government by the constitution, either expressly or by implication. 

 I am thus prepared to meet the partisans of '' delegated powers " on 

 their own ground, and in so doing am able to invoke the authority 

 of an eminent judge who is not usually charged with recreancy to 

 states' rights theories. I refer to Chief Justice Taney, who, in the 

 case of Holmes v. Jennison, 14 Peters, 540, as early as 1840, de- 

 clared : " All the powers which relate to our foreign intercourse are 

 confided to the general government." If, said Taney, any power of 

 that kind remained to the States, then every State of the Union must 

 determine for itself the principles on which it would exercise the 

 power, and there would in the end be " no restriction upon the power 

 but the discretion and good feeling of each particular State." Nor 

 did Taney stop here. While admitting, as he said, " that an affirma- 

 tive grant of a power to the general government is not of itself a 

 prohibition of the same power to the States, and that there are 

 subjects over which the federal and state governments exercise con- 

 current jurisdiction," he yet declared : " But, where an authority is 

 granted to the Union, to which a similar authority in the States 

 would be absolutely and totally contradictory and repugnant, there 

 the authority of the federal government is necessarily exclusive ; and 

 the same power can not be constitutionally exercised by the States." 

 Such was the process of interpretation by which Taney reached the 

 conclusion already quoted. 



