American Institutions And Their Influence Electronic Resource

Cover American Institutions And Their Influence Electronic Resource
American Institutions And Their Influence Electronic Resource
Tocqueville Alexis De
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* * For instance, the Union possesses by the constitution the right of selling unoccupied lands for its own profit. Supposing that the state of Ohio should claim the same right in behalf of certain territories ly ing within its boundaries, upon the plea that the constitution refers to those lands alone which do not belong to the jurisdiction of any par ticular state, and consequently should choose to dispose of them itself, the litigation would be carried on in the name of the purchasers from t...he state of Ohio, and the purchasers from the Union, and not in the names of Ohio and the Union. But what would become of this legal fiction if the federal purchaser was confirmed in his right by the courts of the Union, while the other competitor was ordered to retain posses sion by the tribunals of the state of Ohio?
[The difficulty supposed by the author in this note is imaginary. The question of title to the lands in the case put, must depend upon the constitution, treaties, and laws of the United States; and a deci sion in the state court adverse to the claim or title set up under those laws, must, by the very words of the constitution and of the judiciary act, be subject to review by the supreme court of the United States, whose decision is final.


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