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


-~eee.~--
In The Senate Of Me United States, .iau
90, Mr.. Fool'S resolution, respecting The
surrey Of Public Lands, being under con-
SideTaiiOn-
Mr.. Robbins addressed the Senate as
follows:
Thinking as do, some constitutional
doctrines advanced in this debate to be
erroneous-to be dangerous to this I'm
ion-and the more dangerous, as COM
ing from high and respectable names in
his country-and gone, and to 60 forth
lnder the sanction of such authority
nave felt it to be duty to manifest my
dissent to those doctrines; and to state
he grounds on which that dissent is pre-
dicated. The State, one of whose Rep
Ilcscntativcs | have tE, honor to be in
this body, being n small State, beside
he common, has n peculiar interest in
this Union; in its integrity Its endurance,
its strength-that strength is her strength; ;
on that, her being, as well as her we'll
being, depends. j take share in this
debate for this sole purpose, and shall
confine myselft to this object. As to 9th
or topics introduced into this debate,
however interesting they may be to this
country-and, interesting, very interest
ing, some of them are-l shall spare to
the patience of the Senate any remarks
of mine upon them, satisfied that their o.
pinion upon them would not be further
enlightened by any thing in my power
further to offer
Whether State can decide upon the
constitutionality of law, and upon its
obligation within state which has been so
frequently affirmed, or assumed in this
debate, must depend upon the theory of
the Constitution. And, here the inquiry
is not, what that theory ought to be, but
what 1t is; if it be not what it ought to be,
the people, who made it,have the power,
by an amendment, to make it what it
ought to be. That theory may not be
perfect, Though think it as nearly so,
as any thing human ever devised for the
rule and happiness of mankind ever was
or probably ever will be; and that this is
demonstrated by its results, but whether
perfect or imperfect, what is now wanted
is not its vindication, but its explication.
What, then, is that theory.
l understand it to be this: and that the
different provisions of the compact all
conspire to show it to be this-namely:
That the Constitution of the United
States is paramount to the State Consti-
|tutiOns:
That all laws made in pursuance of the
Constitution ofthc United States; and all
Treaties made by the authority of the
United States; arc the supreme law of
the land, any State law, made or to be
made to the contrary Notwithstanding:
That all State Judg ges are bound by
this supreme law; any State law or Con-
stitution to the contrary notwithstanding
That the executive of the United
states is charged with the duty of cXccu-
ting that supreme law:
r That all questions arising from the
conflict OF the Constitution of the United
States, and any State Constitution; or, a.
rising from the conflicts of the laws of the
United States s the laws or consti tuition
of any State, or from the constitution of
the United States and the laws of the
United States, are to be settled by the
courts of the u. States; and that what
they settle to be the supreme law of the
land, is to be considered, and taken TO be
the supreme law of the land; and is to be
executed by the Executive as the su-
prcme law ofthc land.
Such understand to be the theory of
the Constitution of these United States;
and whether for good or for evil, that such
is its true theory.
For the Constitution says-Articlc 6,
clause Cd:
"This Constitution, and the laws ofthc
United States which shall be made, in
pursuance thereof, and all Treaties
made, or which shall be made under
the authority of the United States,
shall be the supreme law Of the land
and the Judges of every State shall be
bound thereby, any thing in the laws of
any state to the contrary notwithstanding.
The Constitution further says-Arti-
Gle Sd, Sec. l.
"The Judicial power Of the United
States shall be vested in one Supreme
Court, and such other Courts as the
United States shall from time to time or
dain and establish" And, Sec. Cd
''Thc Judicial power shall extend to all
cases in law and equity arising under this
Constitution, the laws of the United
States, and Treaties made or which shall
DC made under their authority"
il further says--same Article, Sec. Cd
"He (the Executive) shall take care
hat the laws be faithfully executed"
Then, ] ask is not the theory which
rave stated, the necessary result of the
which have read: To 90 over