Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-08-18
MIR. CALHOUN.


development of public opinion through tho Jour
nails of the country in reference the character of
Mr.. Cahoun's cxpose-whethcr according to that
opinion, he must be classed with the Nullifyers or
otherwise. The National Intelligencer of yester-
day. puts the affirmative construction. 1t says
''We shall! not conceal from our readers our CT,
treme surprise and deep modification ut finding tho
doctrine of notification receiving countenanco
from quarter whence we have, in times past
been accustomed to hear promulgated sentiments
OF very opposite nature Mr.. CALHOUN still
thinks, az he says, that he is national politician:
but, carried away by the contagion of example, he
comes out the supporter of doctrine purely anti
national; u doctrine under the prevalence of which
return to the mbecility of the old Confederation
If not to the dangers and horrors of anarchy and
civil war.
building upon false premises, it could not be 9TH
erwlse than that he should erect an erroneous and
dangerous theory. He sets out with considering
the constitution as a compact between the States
IN their separate capacity; as n sort of Treaty n
mong number OF Foreign Powers; whom in fact it
Is Convention of all the People of the u. States
by which form of government for the whole SUI
preme over the whole, is provided. The language
OF tho Constitution is conclusive on this point:-
We, PEOPLE OF THE UNIrRp SrArrs &c do
ordan and establish this Constitution for tho Unit
ed States Of America"
Having room, however if we had the dispo
sition, TO comment difusively on this most unex-
pected disclosure of the views of Mr. CALHOUN wa
content ourselves with adopting as our creed in
this great debate the doctrine of the following OK
tract from the speech delivered by Mr.. CRAWFORD
twenty years ago. which we have recently had oo-
casion to bring to the notice of readers:
Permit me, Sir to make one or two OBSERVE
tons upon the competency of the State Govern
ments TO resist the authority or execution of law
of Congress. What kind of resistance can they
make which is constitutional I KNOW OF BuT
ONE KIND; AND THAT BY ELECTIONS. The
People and the States have right to change the
members of the National Legislature, and in that
way, AND in THAT ALONE, they effect
change of the measures of this Government. It is
true there is another kind of resistance which NAV
be made, but it is UNKNOWN TO THE con-
STITUTION. This resistance depends upon ply
steal torce-lt is appeal TO the sword and bu
the sloord must that appeal be decided and not by
the provisions of the Constitution"
The Globe more unequivocally donounces Mr..
Calhoun and his doctrine.
From the Globe.
MR. CALHOUN'S SYSTEM OF NULLIFI-
CATION.
| The doctrine of Notification is at last openly
acknowledged by the parent to whom it is indebted
for its origin. 1t is monstrous and unnatural
birth, all things considered. Mr.. Calhoun was the
father of the Tariff of 1916, which his printed
speech in its favor shows he cherished as sysfen1
o. protection to manufactures. Out of the uneon-
st'futiondl 'notiue, Ohat of protection with which
he advocated this measure, he begets tho right of
nuillflcatlon, which asserts right any one State
| OF the Union, to set at naught the power of Com
gress exercised in passing law, for instance that
Oh levylng duties upon the ground that it was
passed with an unconstitutional intention, although
the power given to levy duties is absolute and is
not made to depend on the motives of the Iap;sIa
ture. Thus it appears that Mr.. Calhoun has begot
ten the notification system to destroy another of
his own creation, and what is still more unnatural
he derives the efficacy of his last offspring out of
the iniquity of the intention in which he engender.
ed the first.
Mr.. Calhoun asserts the Estate RroHr" to be-
the FRIGHT OF INTERFosrT1oN" by "vEro, OR NuLLI-
FIcATIoN, OR by ANY OTHER NAME" to arrest tha
| operation eft any act Of Congress which it might
choose to consider unconstitutional. The law SO
Uetoed or nullied, by single State is utterly ex
tinct, or, as Mr.. Adams would say, 'exanimate,"
unless three fourhs of the States shall hold con-
vention and re-essert the power in Congress
to pass the law. The result, therefore, is that
when any one State may choose to question
the constitutionaiity of law, convention of
the States will be rendered necessary to make a con-
stitutional article to authorize the making of the
law In the particular It is well known that
whenever law is obnoxious to an individual or
state, the party aggrieved almost uniformly do
nounces 1t as unconstitutional. If the power to
pass 1T be express and unquestionable, then as In
the present case, oflevying duties merchandise,
1t is declared unconstitutional, the Of the
consttut'onaL intention with which it WINS enacted
| by the Legislature. This simple assumption by
any one State, according to rfr Calhoun's system,
would be sufficient to nuilify the law; and
consequence, no law, unless passed by the unsni-
| NOUS consent OF Lne DLateP5 COul0 stand. Ihun
the Legislation of Congress would, in effect be
but recommendation to the States; and If anv OBJ
iocted, then it would become necessary to make
constitution to authorize the making of the law
A Morse predieament than that Of the old eoafedc.
ration.
Mr.. Calhoun has left no doubt rs to the practical
operation of his theory. He assimiIates tho power
of Notification with which he clothes zach particu-
State to the power of the veto in the several Le-
gisiative Departments; and nc gives to State the
same power to arrest the operation of a law, that
the Constitution oonfers the Senate (Which 70,
presents all the States) to arrest the passage of
| bill from the other branch of the Legislature
| This system is maintained by Mr. Calhoun
on the ground that IT WINS contemplated by the
Framers of the Constitution, as enabling the mi,
Hority to defend itself from being subjected to the
rule of the majority forgetting that the rights Of
the minority are carefully guarded by variety Of
checks in the Constitution; forgetting that among
all these checks, this Insufficient one Just discover
ed by himself, is where mentioned; and forget
ting, ALSO in his great Of the rights Of the mi
Dorify, that he annhotes those Of the majority,
and subjects the dearest rights and interests of that
T1djorityto the control of The minority.
MI. CalhOun's publication Is but effort 10 illustrate
ann recommend by argument the system FIRST displayed
~ the "Protes and Exposition" which he submitted
through committee the Legislature Of South Carolina
we are glad to the real author step out rom lis
Disguise and the responsibility Of h own work
we Terigiat brcanss 1t Szouerates many excellent neB
from the OdiUn Of having originated an nsidious scheme
VIII Ch, i'm embryo, has produced discord and embsJ-
rsssment TO the Government, aud which, ncaTrsl into
effect, would at destroy the Constitution and dis
solve the Union.
The Telegraph resists This construction, chiefly