e sovereign to the subject, but agreements
between sovereign and sovereign. The power in question seems therefore
to form a distinct department, and to belong, properly, neither to the
legislative nor to the executive." Hamilton in The Federalist No. 75.

[154] Head Money Cases, 112 U.S. 589, 598 (1884). For treaty provisions
operative as "law of the land" ("self-executing"), _see_ Crandall,
Treaties (2d ed.), 36-42, 49-62 (_passim_), 151, 153-163, 179, 238-239,
286, 321, 338, 345-346. For treaty provisions of an "executory"
character, _see_ ibid. 162-163, 232, 236, 238, 493, 497, 532, 570, 589.

[155] _See_ Crandall, Chap. III, 24-42.

[156] 3 Dall. 199 (1796).

[157] 3 Cr. 454 (1806).

[158] "In Chirac _v._ Chirac (2 Wheat. 259), it was held by this court
that a treaty with France gave to her citizens the right to purchase and
hold land in the United States, removed the incapacity of alienage and
placed them in precisely the same situation as if they had been citizens
of this country. The State law was hardly adverted to, and seems not to
have been considered a factor of any importance in this view of the
case. The same doctrine was reaffirmed touching this treaty in Carneal
_v._ Banks (10 Wheat. 181) and with respect to the British Treaty of
1794, in Hughes _v._ Edwards (9 Wheat. 489). A treaty stipulation may be
effectual to protect the land of an alien from forfeiture by escheat
under the laws of a State. Orr _v._ Hodgson (4 Wheat. 458). By the
British treaty of 1794, 'all impediment of alienage was absolutely
levelled with the ground despite the laws of the States. It is the
direct constitutional question in its fullest conditions. Yet the
Supreme Court held that the stipulation was within the constitutional
powers of the Union. Fairfax's Devisees _v._ Hunter's Lessee, 7 Cr. 627;
_see_ Ware _v._ Hylton, 3 Dall. 242.' 8 Op. Attys-Gen. 417. Mr. Calhoun,
after laying down certain exceptions and qualifications which do not
affect this case, says: 'Within these limits all questions which may
arise between us and other powers, be the subject-matter what it may,
fall within the treaty-making power and may be adjusted by it.' Treat.
on the Const. and Gov. of the U.S. 204.

"If the national government has not the power to do what is done by such
treaties, it cannot be done at all, for the States are expressly
forbidden to 'enter into any treaty, alliance, or confederation.'
Const., art. I. sect. 10.

"It must alway