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CONGRESS, UNITED STATES. 



the millions who have come after him in fram- 

 ing the Constitution of the United States. 

 Marshall incorporates the words of Hamilton 

 with approval, words in which Hamilton, 

 while the Constitution was on trial for adop- 

 tion or rejection before all the people of the 

 States, referring to the dual system of govern- 

 ment, national government and State govern- 

 ments, and the judicial powers of each for the 

 administration of the laws of the Union, de- 

 clared that ' the national and State systems are 

 to be regarded as one whole,' and that 'the 

 courts of the latter (the States) will, of course, 

 be national auxiliaries to the execution of all 

 the laws of the Union.' 



"The States exercise their judicial power 

 under the Constitution, and in subordination 

 to the Constitution, and subject to the express 

 limitations of the Constitution, but for the pur- 

 pose of aiding its enforcement, not of breaking 

 it. The Constitution declares : 



This Constitution, and the laws of the United 

 States which shall be made in pursuance thereof, and 

 all treaties made, or which shall be made under the 

 authority of the United States, shall be the supreme 

 law of the land ; and the judges in every State shall 

 be bound thereby, any thing in the constitution or 

 laws of any State to the contrary notwithstanding. 



"By the legislation of the First Congress, 

 passed by the votes of many of the eminent 

 men who framed the Constitution, then mem- 

 bers of Congress, and approved by Washing- 

 ton, the power was given to the humblest 

 citizen, aggrieved by the final decision of State 

 courts against his guaranteed rights under the 

 Constitution and laws of the United States, to 

 bring the same for review and reversal before 

 the Supreme Court of the United States, and 

 thereby set aside the usurpations of a State. 

 The judiciary act of 1789 asserts this power of 

 the Government of the United States fully and 

 expressly. 



"The act of 1789, the validity and constitu- 

 tionality of which has never been challenged 

 by a respectable court in America, ought to 

 have satisfied gentlemen that it is too late to 

 raise the question they are raising here to-day, 

 the power of Congress to provide by law for 

 the enforcement of the powers vested by the 

 Constitution in the Government of the United 

 States, both against individuals and States, as 

 Marshall expressed it. I desire to read, merely 

 for the purpose of recalling the recollection of 

 the members of the House to its provisions, 

 from the twenty-fifth section of that act, under 

 which the case of Cohens vs. Virginia, to 

 which the honorable gentleman from Indiana 

 (Mr. Ken*) referred, came into the Supreme 

 Court of the United States for review. That 

 section is as follows : 



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 eould 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 ques- 

 tion the construction of any clause of the Constitu- 

 tion, 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 reexamined and reversed or affirmed in the 

 Supreme Court of the United States upon a writ of 



.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 ren- 

 dered or passed in a circuit court ; and the proceed- 

 ing 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 case 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 refusal in any 

 such case, as aforesaid, than such as appears on the 

 face of the record, etc. 1 Brightly, pp. 259, 260. 



"Notwithstanding the express grant of 

 power in the Constitution, and the rulings of 

 Marshall, and this legislation of the First Con- 

 gress, gentlemen still aver that Congress can- 

 not constitutionally make laws to enforce the 

 rights of the nation against either States or 

 unlawful combinations of men. I answer that 

 the power to suppress combinations to ob- 

 struct the execution of the laws of the United 

 States was asserted under the administratioi 

 of Washington by the Congress of the Unite 

 States, and with his approval. I refer now t( 

 the act of 1795. The act provided 



That, whenever the United States shall be in 

 vaded, or be in imminent danger of invasion, etc., 

 it shall be lawful for the President of the Unit 

 States to call forth such number of the militia of the 

 State or States as he may judge necessary to repel 

 such invasion, and to issue his orders for that pur- 

 pose to such officer or officers of the militia as he 

 may think proper. 



"In the second section of this act it is 

 further provided : 



Whenever the laws of the United States shall 

 opposed, or the execution thereof obstructed in ai 

 State by combinations too powerful to be suppress 

 by the ordinary course of judicial proceedings, or 

 the powers vested in the marshals by this act, 

 shall be lawful for the President of the United Stat 

 to call forth the militia of such State, or of any other 

 State or States, as may be necessary to suppress such 

 combinations and to cause the laws to be duly exe- 

 cuted, and the use of the militia so to be called forth, 

 may be continued, if necessary, until the expiration 

 of thirty days after the commencement of the ther 

 next session of Congress. 



"In the third section it is provided that 

 Whenever it may be necessary, in the judgment 

 of the President, to use the military force hereby 

 directed to be called forth, the President shall forth- 

 with, by proclamation, command such insurgents to 

 disperse, and retire peaceably to their respective 

 abodes, within a limited time. 



"Then, again, in a further provision of that 

 act, which I shall not stop to read, it is pro- 

 vided that the militia, being called out, nndei 



