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JAMES THOMPSON CALLENDER. 873

If this exposition of this solemn obligation is substantially
correct, I cannot believe that any person having the same
understanding of it, will maintain that a petit jury can
rightfally exercise the power granted by the Constitution to
the Federal judiciary.

From these considerations I draw thie conclusion, that the
judicial power of the United States is the only proper and
competent authority to decide whether any statute made by
Congress (or any of the state legislatures) is contrary to, or
in violation of, the Federal Constitution.

That this was the opinion of the Senate and House of
Representatives, and of General Washington, then President
of the United States, fully appears by the statute, entitled
*made at the first session of the first Congress (on 24th Sep-
tember, 1789, chap. xx, sec. 8}, which enacts, ‘‘that the jus-
tices of the Supreme Courts, and the district judges, shall
take an oath or affirmation in the following words, to-wit:

“J, A. B., do solemnly swear or affirm, that I will admin-
ister justice without respect to persons, and do equal right to
the poor and to the rich, and that I will faithfully and im-
partially discharge and perform all the duties incumbent
on me as such judge, according to the best of my abilities
and understanding, agreeably to the Constitution and laws
of the United States.”’

No position can be more clear than that all the Federal
jadges are bound by the solemn obligation of religion, to
regulate their decisions agreeably to the Constitution of the
United States, and that it is the standard of their determina-
tion in all cases that come before them.

I believe that it has been the general and prevailing opinion.
in all the Union, that the power now wished to be exercised
by a jury, properly belonged to the Federal courts.

Tt was alleged that the tax on carriages was considered by
the people of this commonweaith to be unconstitutional, and
& case was made to submit the question to the Supreme Court

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