Page:Debates in the Several State Conventions, v4.djvu/642

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626
APPENDIX.—Digest of Decisions in the U.S. Courts.

1842—"An Act to provide revenue from imports, and to change and modify the existing laws imposing duties on imports, and for other purposes." (This bill was afterwards revived, with alterations and modifications; and, thus amended, finally passed, and received the President's signature.)

Recapitulation of Vetoes

By George Washington, 2
"  James Madison, 6
"  James Monroe, 1
"  Andrew Jackson, 9
"  John Tyler, 4
Total, 22

Such is a plain history of the veto power. As it respects the several stares, the executives in some have the power, in others not. Those which possess the negative power, such as is given to the President, are New York, New Hampshire, Massachusetts, Pennsylvania, Georgia, Louisiana, Mississippi, Missouri, and Maine. The other states do not have it at all, or the bill, when returned by the governor, may be repassed by a mere majority.

Of the ten Presidents, five have made use of the veto power and five have not.

Number of acts approved, upwards of 6,000.


DIGEST OF DECISIONS

IN THE COURTS OF THE UNION,

involving

CONSTITUTIONAL PRINCIPLES.

1. The individual states have a constitutional right to pass naturalization laws, provided they do not contravene the rule established by the authority of the Union. Collett v. Collett, 2 Dall. 294. But see United States v. Villatto, Ibid. 370.

2. The 2d section of the 3d article of the Constitution, giving original jurisdiction to the Supreme Court in cases affecting consuls, does not preclude the legislature from vesting a concurrent jurisdiction in inferior courts. United States v. Ravara, Dall. 297.

Every act of the legislature repugnant to the Constitution is, ipso facto, void; and it is the duty of the court so to declare it. Vanhorne's Lessee v. Dorrance, 2 Dall. 304.

3. It is contrary to the letter and spirit of the Constitution to divest one citizen of his right, and vest it in another, without full compensation; and if the legislature may do so, upon full indemnification, it cannot of itself constitutionally determine upon the amount of the compensation. Ibid.

4. The constitution of England is at the mercy of Parliament. Every act of Parliament is transcendent, and must be obeyed. Ibid. 308.

5. In America, the case is widely different. Every state of the Union has its constitution, reduced to written exactitude. A constitution is the form of government delineated by the mighty hand of the people, in which certain first principles of fundamental law are established. The Constitution is certain and fixed; it contains the permanent will of the people, and is the supreme law of the land; it is paramount to the power of the legislature, and can be revoked or altered only by the power that made it. The life-giving principle and the death-dealing stroke must proceed from the same hand. The legislatures are creatures of the Constitution; they owe their existence to the Constitution; they derive their powers from the Constitution. It is their commission, and