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
The Executive of one of the States, in a message to the Legislature, has
declared it to be his opinion, that the land belonging to the United
States within her territory is now the property of the State, by virtue
of her sovereign authority. Should the Legislature be of the same
opinion, and pass a law for the punishment of the land officers of the
United States who should sell any of the public lands within her limits,
this transfer of property might be virtually accomplished by the repeal
of the 25th section of the judicial act. Our land officers might then be
severely punished, and thus prohibited by the courts of that State from
performing their duty under the laws of the Union, without the
possibility of redress in any constitutional or legal form. In this
manner, the title of the United States to a vast domain, which has cost
the nation many millions, and which justly belongs to the people of the
several States, would be defeated or greatly impaired.
Another illustration might be introduced. Suppose the Legislature of
Pennsylvania, being of opinion that the charter of the Bank of the
United States is unconstitutional, were to declare it to be a nuisance,
and inflict penalties upon all its officers for making discounts or
receiving deposits. Should the courts of that State carry such a law
into effect, without the 25th section there would be no appeal from
their decision; and the Legislature and courts of a single State might
thus prostrate an institution established under the Constitution and
laws of the United States.
In all such cases, redress can now be peaceably obtained in the ordinary
administration of justice. A writ of error issues from the Supreme
Court, which finally decides the question whether the act of Congress
was constitutional or not; and if they determine in the affirmative, the
judgment of the State court is reversed. The laws are thus substituted
instead of arms, and the States kept within their proper orbits by the
judicial authority. But if no such appeal existed, then, upon the
occurrence of cases of this character, the General Government would be
compelled to determine whether the Union should be dissolved, or whether
there should be a recurrence to force—an awful alternative, which we
trust may never be presented. We will not attempt further to portray the
evils which might result from the abandonment of the present judicial
system. They will strike every reflecting mind.
Public-domain text, read in full here on John Shaqi.
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