Secret Journals of the Acts And Proceedings of Congress, From the First Meeting Thereof to the Dissolution of the Confederation 4
Secret Journals of the Acts And Proceedings of Congress, From the First Meeting Thereof to the Dissolution of the Confederation 4
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Of the right of an individual state to enact in what sense a national treaty shall be understood within its particular limits.
Your secretary considers the thirteen independent sovereign states as having, by express delegation of power, formed and vested in Congress a perfect though limited sovereignty for the general and national purpo- ses specified in the confederation* Tn this sovereignty «H 8B0MT JOURNAL. (Ort.
ihay cannot severally participate (except by tbeiir de- legates) or have concur...rent jurisdiction ; for the ninth article of the confederation molt e^rpressly conveys to Congress the sole and exclusive right and power of determining on war iand/ieocir, and of entering into treaties and alliances, &c« &c* When therefore a treaty is constitutionally made^ ratified and published by Congress, it immediately becomes binding on the whole nation, and super- added to the laws of the land, without the interven- tion, consent or fiat of state legislatures* It derives, its obligation from its beings compact between the sovereign of this, and the sovereign of another nation ; but laws or statutes derive their force from being acts of a legislature competent to the passing of them* Hence it is clear, that treaties npist be implicitly ,re^ chived and , observed by every member pf the nation; for as state legislates are not competent to the mak« ing of such compacts or treaties, so neither are they^ compe,tent| in that capacity, authoritatively to 4ecida 01^ or ascertain the construction and sense of thecn* When doubts arise respecting the construction of state laws, it is common and proper fpr the st^te legislatures by explanatory or r declaratory acts to .remove those doubts ; but when doubts arise respecting tbecopsM?!^ (ion of a treaty, they are so far from being cognizc^blo by a state legislature, that Congress itself have no jtu« tbority to settle and determine them.
What to read after Secret Journals of the Acts And Proceedings of Congress, From the First Meeting Thereof to the Dissolution of the Confederation 4?
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To quickly assess the difficulty of the text, read a short excerpt:
Of the right of an individual state to enact in what sense a national treaty shall be understood within its particular limits.
Your secretary considers the thirteen independent sovereign states as having, by express delegation of power, formed and vested in Congress a perfect though limited sovereignty for the general and national purpo- ses specified in the confederation* Tn this sovereignty «H 8B0MT JOURNAL. (Ort.
ihay cannot severally participate (except by tbeiir de- legates) or have concur...rent jurisdiction ; for the ninth article of the confederation molt e^rpressly conveys to Congress the sole and exclusive right and power of determining on war iand/ieocir, and of entering into treaties and alliances, &c« &c* When therefore a treaty is constitutionally made^ ratified and published by Congress, it immediately becomes binding on the whole nation, and super- added to the laws of the land, without the interven- tion, consent or fiat of state legislatures* It derives, its obligation from its beings compact between the sovereign of this, and the sovereign of another nation ; but laws or statutes derive their force from being acts of a legislature competent to the passing of them* Hence it is clear, that treaties npist be implicitly ,re^ chived and , observed by every member pf the nation; for as state legislates are not competent to the mak« ing of such compacts or treaties, so neither are they^ compe,tent| in that capacity, authoritatively to 4ecida 01^ or ascertain the construction and sense of thecn* When doubts arise respecting the construction of state laws, it is common and proper fpr the st^te legislatures by explanatory or r declaratory acts to .remove those doubts ; but when doubts arise respecting tbecopsM?!^ (ion of a treaty, they are so far from being cognizc^blo by a state legislature, that Congress itself have no jtu« tbority to settle and determine them.
What to read after Secret Journals of the Acts And Proceedings of Congress, From the First Meeting Thereof to the Dissolution of the Confederation 4?
You can find similar books in the "Read Also" column, or choose other free books by United States. Continental Congress to read onlineMoreLess
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