The answer is federal law has more authority then the state.
Answer: The Treaty of New Echota
Explanation: Negotiated in 1835 by a minority party of Cherokees, challenged by the majority of the Cherokee people and their elected government, the Treaty of New Echota was used by the United States to justify the forced removal of the Cherokees from their homelands along what became known as the Trail of Tears
<span> “</span>And thereupon the said lords spiritual
and temporal and commons . . . do . . . declare that the pretended power of
suspending of laws or the execution of laws by regal authority without consent
of parliament is illegal.
That levying money for
or to the use of the crown . . . without grant of parliament for longer time or
in other manner than the same is or shall be granted is illegal.
That it is the right of
the subjects to petition the king and all commitments and protections for such
petitioning are illegal.
That the raising or
keeping a standing army within the kingdom in time of peace unless it be with
consent of parliament is against law. . . .
That election of
members of parliament ought to be free. . . .”
According to Cornwallis he would have either endeavored to escape to New-York or would notwithstanding the disparity of numbers have attacked them in the open field. This was what he said in a letter he reported to Sir Henry Clinton when he failed to defend the York and Gloucester posts. :)
