How, now, are we to harmonize these declarations that the reserved rights of the States may not be infringed by the treaty-making power with the fact that, in specific instances, the invasion of these rights has been upheld?

Essentially speaking, the two positions, thus absolutely stated, cannot be harmonized. There is no principle that can be stated which will bring the dicta quoted into consonance with the decisions referred to. Either the dicta denying to the treaty-making power the right to infringe State rights are wrong, and must be abandoned, or the decisions upholding such infringement were improper, and will not be followed in the future.

16 Baker v. Portland, 5 Sawyer, 566; In re Tiburcio, 6 Sawyer, 349; In re Ah Chong, 6 Sawyer, 451. Cf. Proceedings of the American Soc. of Int. Law, 1907, Address by Prof. G. N. Gregory.

The author is convinced that the obiter doctrine that the reserved rights of the States may never be infringed upon by the treaty-making power will sooner or later be frankly repudiated by the Supreme Court. In its place will be definitely stated the doctrine that in all that properly relates to matters of international rights and obligations, whether these rights and obligations rest upon the general principles of international law or have been conventionally created by specific treaties, the United States possesses all the powers of a constitutionally centralized sovereign State; and, therefore, that when the necessity from the international standpoint arises the treaty power may be exercised, even though thereby the rights ordinarily reserved to the States are invaded.

The writer is led to the belief that this will be the position finally and affirmatively taken by our judiciary from a review of the manner in which, in the past, in every instance in which it has been necessary to endow the Federal Government with a power in order that its national supremacy, and its administrative efficiency, might be preserved, the Supreme Court of the United States has found the means to do so.17