Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-09-12
FOR MONROE WARn-
Saturday Eren5s,s, !Sees. 10.
Fns rBE CoN,rirurioNAL WHs
STRUCTURES ON "MR CALHOUN,S SEN.
TINEN'PSn


"ihc utmost extent of the power (Mr Cal
houn says, is, that State acting in its sovereign
capacity, may compel the General Governments TO
submit a question touching. an alledgsd infracton
81 the constitution, 10 the States" He is certain
~ mistaken This is not the utmost extent OF the
power; ana eren thts pQ,7er, l Will shew, cannot
| be claimed by State.
The power extends much farther, than he suppo-
ses or is wiling to admit il does. Its natural con
sequence viii be resort to force-its exercise toiit
an Itself be a rotation Of the Constitution-Gnd ii
'oiH require Of the Government Of the u. States to
ITO az act tchich piH be infraction Of The Con-
stitutiOn.
First, its natural consequence will be a resort to
force Congress claims under the Constitution.
authority to pass Il law. The law has been made.
\ Stale nuiiities it. The Federal Judiciary says
that the law is valid. The President is bound to
take care, that the laws arc faithfully executed
III matters not, in what particular manner, the is
sue is made up between the paries-there is an is
sue--a conflict between the Federal and State au-
thorities. A friendly compromise founded on mu-
tua concessions, (Which is hardly to be expected
must take place; one of the parties must yield;
(whlch is somewhat improbable, after they have
gone so tQr)-or force atUst be rcaOrted to- Mir.
calhoun thinks that the objectionable law ought to
be suspended until the opinions of three ourths of
the States can be had ia IFS tar0ur In principle
this IS the same with nullifiation They are both
founded on the assumption of a right, which is not
among the reserved rights fthe States and which,
dCCOiuHS " Interpretation OF Jnc Con-
sttuion, does not appertain to the States In ope-
ration and effect, they the same. They lead to
u conflict of authority and force.
I'd. The exercise OF tiis power Will TIC itself, a
violation of the Constitution
Article V. of the Const tuition provides, that
''the Congress, whenever two-thirds of both Hous-
es shall deem ii necessary, the applications
OF the Legislatures of trO-thirde r. ~ ecsorai
States, shall call Convention for prOpoSjng n
mendments; which in either case, shall be valid to
all nents ahd purposes part of this Constitution,
when ra' dcd by the Legislatures of three iourths
of the several States, By ConUent5onS in three
fourts Mereof, or tie other mode Of ratifcg
tiot may be prOpoSed By Congress-"
Two thirds of both Houses Of Congress, or two
thirds of the Legislatures of the several States
mast propose amendments, which will become parts
OF the Constitution when ratified by the L"gisla-
lures of three fourths of the several States, by
Conventions in three fourths thereof The Con
stituton has pointed out these modes of proposing
and ratitying amendments, and only these modes:
al! others therefore are prohibited. There is no
provision made for submitting question OF CON
struction Interpretation of the Constitution to
any TRIBUNAL other than the Federal Judiciary
The Constitution expressly gives to the Judiciary
cognizance of all cases in Law and Equity arising
under the Constitution and the Laws of the u
States. Therefore, the exercise of the power, of
deciding question of construction interpretation
by any other tribunal, is be considered as pro-
hibtad by the Constitution
Now, what is it that State does when it de-
cdes that law of the United States is unconstitu-
tlonal, and follows up that decision by nufifca-
ton of the law The law has been enucted by a
majority of the representatives of the people; 10y a
majority Of the representatives of the States in
the senate; and approved by the President, who
represents ma orty of the People OF the Union.
Ii has been solenniy decided by the Judiciary, who
represent majority OF the States in the Union to
be valid. TIE State, by its decision and act robs
all these departments of the Federal Government
of the powers delegated to them by the people of
the States III the constitution: and all this done
by single STATE, vino has no right under the
tConsttutlon to propose amendments, much less
to ratify them-whlcn has tight, under The
Constitution, 90 decide question OF interpretation
or construction of the Constitution, and thereby
render law of the L States imperative; in cf.
feet repeal it, before it shall be regularly and
additionally repealed by Congress- single State
too, which has no right, uuGer the Consultation,
TO submit dispute between it and the Federal
Government to Conventions of the States
But, this IS not all. The exercise Of this power
by State will produce the following strange state
J of things, which never can exist whilst the Con
shiu!ion stands unimpaired. One State nuilies an
act Of Congress- and will suppose, for the sake
! Of argument, that the dispute between it and tho
General Government mas IN some tornl, bceh sub
\ lnittcd to conventions OF the States 4 fraction
! less Than th.co iourths Of the States believe the
4 law 20 be constitutional and valid, and say So
fraction than onc-lourth, say that If rs IN
! constitutional and void This extraordinary result
takes place-Thc single State VIII have nuIhcd
1
fraction moro than onc-fouTth of TIC States will
rive the law AID the constitution to the large ma
\ orty Of the States, which is but fraction less
than three fourths-To speak IN numbers-ouc
State will rule the whole twenty four, or tie con-
sliulcd authorities Of the twenty-!our-and seven
States viii finally rule seventeen. This IS indeed a
striking cxcnpiEcotion Of Mr.. Calhoun's theory OF
/ the just Government Of a miporitg end fully ex
plaiss his reasons for arguing so ngcniously ~
favour of Inc rights of ininor:tics. This state OF
things cannot be III accordance with The provisions
and spirit Of the Constitution.
3. The full exercise Of the power Of nuih
ton, claimed by Southern Statesmen, viii
quire Of The General Government of She L. stat
to do act, which will be an infrac,len Of O..
4 Constitution-that is to call conventions OF t''
States and submit TO them the whole matter
controversy bctween il and the State. The Consi
tuition, where gives to The General Governneu
or to any department OF it, this power. There
provision of the Constitution in The fifth article
which just quoted to tn efect-tha
Congress shait, on the application NJ tioothirds Q
the seueraL Suites, mot on the application Of on
State,) cali n contention, mot conventions Of In