Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-06-09


of the Constitution of the United States,
and the Treaties made by the United
States, the supreme law of the landi So,
the Constitution says in so many words,
which have just been read, and need not
be repeated.
Are not the questions arising from the
conflict of the Constitution of the United
States with the State Constitutions, and
arising from the conflict of the laws of the
United States and the State laws and
constitutions, and arising from the con-
flict of the Constitution of the United
States and the laws of the United States,
to be settled by the Courts ofthc United
States, The Constitution says
"The judicial power shall extend to
all cases in law or equity arising under
the constitution, the laws of the United
States, and Treaties made or which shall
be made, under their authority" ,
Is not the Executive of the Union to
execute the laws of the Unioni The con-
stitution SAYS, che (the Executivc) shall
takec are that the laws are faithfully exc
cuted."
Are not the final judgments of the
courts of the United States to be cxecu-
ted by the executive of the United
States?
1t is his proper s. peculiarduty to exc
cute them; to execute the laws faithfully,
he must execute those judgments.
Then it follows that what these courts
finally decide the constitution to be,
must be taken to be the constitutions
The law, which they finally decide to be
a law, made in pursuance of the constitu-
ton, must be taken to be law made in
pursuance of the constitution A treaty
which they finally decide to be treaty
made under and within the authority of
the United States, to be a treaty made
under and within the authority ofthe u.
States And together must be taken to
be the supreme law of the land, and
must be executed as the supreme law
1t must be 80 unless there is some other
tribunal authorized to rejudge those
judgments and to decide over the head
of the United States judiciary. Need
it be remarked that the Constitution
neither provides nor recognizes any such
tribunal. But, on the contrary that it
precludes the idea of any such tribunal,
and that expressly. For, it expressly
provides that "the Judges of every State
shall be bound by the laws of the u. S; the
state constitution and laws to the contra
ry notwithstanding, and bound, as is ne
ccssarily implied by that law as cxpound-
cd by the courts of United States; for,
the law of every government must be
taken to be, as judicialIy expounded by
that government. How then Il state can
be that other, ultcrior, and superior tri-
bunal, is beyond my mprehcnsion-I
The doctrine ,as "A constitutional doctrine,
appears to me infinitely prcpostcrous,
and to be without Il particle olground for
ITS support
Now, if, abandoning the authority of
the constitution for any such doctrine,
il is contcnded that the doctrine results
from the nature OF a confederate govern
mcnt, formed by Independent sovereign
ties, which seems to be the idea Of some
gentlemen, though not very disiin city
stated and avowed; except by the hon
orablc gentleman from Kentucky, by
whom it was very distinctly stated and
ayowcd; it Is enough TO say that the ma
turc OLA confederate Government is Just
what the conlcdcratcs choose to make it
and have made ii; and their rights and
duties are determined by the compact
which they have made. Now the Con-
stitution of the United States is the COM
pact of conlcderacy by the States and
that must determine their rights and their
obligations. So that the doctrine if it is
to be maintained at all, must be maintain
cd as constitutional doctrine Besides,
it may be proper here to remark, that
this government, though confederate, is
not mere ccnlcderacy il is national as
well as confederate, & in many important
features it is purely national in its ac-
ton it Is wholly so, it acts upon indivd-
uals directly, and not on them through
the States. II is the first instance of a
government Of that compound character
which has existed in the world; and it il
that character which constitutes its great
excellence; it is that which gives to il all
the advantagesofa single state, combined
with all the advantages of conlcdcracy
exempted from its evils: IL is that which
adapts it so admirably to onr wide spread
and almost boundlcss domain, and TO the
almost countless millions, that are toI
spread over to occupy and to fill it; 1t is
that which gives to it capacity to ex-
er an energy every where, and equally
every where sufficient to preserve peace
and maintain justice; and which, at the
same time, restrains il every where, and
equally every where, from exerting a.
power incompatible with freedom. Now,
if this doctrine, that a State NAV inter-