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Congressional Edition Volume 1483


This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 Excerpt: ...important in the actual administration of public justice. If they are supreme laws, courts of justice will enforce them directly in all cases to which thcycan hi: judicially applied, &c." (Story's Commentaries on the Constitution, J 1838.) In the case of Foster rs. Neilson, (2 Peters R., 314, ) the Supreme Court of the United States said: "Onr Constitution declares a treaty to be the law of the land. It is consequently to be regarded by courts of justice as equivalent to an act of the legislature whenever it operates of itself without the aid of any legislative provision." That the present treaty with Russia is of this character seems to be quite plain. It is a supreme law, which executes itself; that is to say, it provides of itself a rule fur levying duties ou Russian merchandise, limiting the duties thereon to the same rates as are levied on the like merchandise of other countries; and for the operation and efficacy of this rule no further or other legislation is needful. Such being the character of this treaty, the only embarrassment that arises now in regard to the cases of the claimants arises from the fact that there are two laws on the same subject: one, the law contained in the treaty, which provides that the duties on Russian merchandise shall be levied by a certain rule; and the other, the law contained in an act of Congress, which provides that they shall be levied by another rule. Thence a doubt has arisen, whether the act of Congress, being the later expression of the legislative will, is not to be regarded as having taken away the privilege or right created by the treaty; or, in other words, whether the treaty is not repealed by the act. The majority of the committee are of the opinion that the true answer to this suggestion... Hide synopsis

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