Secret Journals of the Acts And Proceedings of Congress, From the First Meeting Thereof to the Dissolution of the Confederation 4

Cover 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
United States. Continental Congress
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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.

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