Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
All uniformity in their construction would thus be destroyed. Besides,
we might, if this were the case, get into serious conflicts with foreign
nations, as a treaty might receive one construction in Pennsylvania,
another in Virginia, and a third in New York. Some common and uniform
standard of construction was absolutely necessary.
To remedy these and other inconveniences, the first Congress of the
United States, composed, in a considerable proportion, of the framers of
the Constitution, passed the 25th section of the judicial act of the
24th September, 1789. It is in the following words:
“SEC. 25. _And be it further enacted_, That a final judgment or decree
in any suit, in the highest court of law or equity of a State, in which
a decision in the suit could be had, where is drawn in question the
validity of a treaty or statute of, or an authority exercised under, the
United States, and the decision is against their validity; or where is
drawn in question the validity of a statute of, or an authority
exercised under, any State, on the ground of their being repugnant to
the Constitution, treaties, or laws of the United States, and the
decision is in favor of such their validity; or where is drawn in
question the construction of any clause of the Constitution, or of a
treaty or statute of, or commission held under the United States, and
the decision is against the title, right, privilege, or exemption,
specially set up or claimed by either party under such clause of the
said Constitution, treaty, statute, or commission, may be re-examined
and reversed, or affirmed in the Supreme Court of the United States upon
a writ of error, the citation being signed by the chief justice, or
judge, or chancellor of the court rendering or passing the judgment or
decree complained of, or by a justice of the Supreme Court of the United
States in the same manner, and under the same regulations, and the writ
shall have the same effect, as if the judgment or decree complained of
had been rendered or passed in a circuit court; and the proceeding upon
the reversal shall also be the same, except that the Supreme Court,
instead of remanding the cause for a final decision, as before provided,
may, at their discretion, if the cause shall have been once remanded
before, proceed to a final decision of the same, and award execution.
But no other error shall be assigned or regarded as a ground of reversal
in any such case as aforesaid, than such as appears on the face of the
record, and immediately respects the before-mentioned questions of
validity, or construction of the said Constitution, treaties, statutes,
commissions, or authorities, in dispute.”
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