Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-09-12

~, " cen thc General Government and a State.l-
A"S is inc only case, in which authority has been
gwen, by tire Constitution, 10 CouDres2 70 cau !,
|""OehtfoH III is true, that Congress auU DroB0se
'dt'hcet'0n of amendments (Which have .Leen
Pi'poseo In one or the other of the prescribed
ihoueS) by conventions of the States. Pint il has
no power TO cali these conventions. Ali that il car
40 is TO fropOSe the mode of ratiGcatiou: which
must he, either by the State legislatures thru e.
ioor'is OF which must ratify; or by conventions OF
The States, three fourtlls of whom must r;tify-
me power TO cal Convention, for any other pur-
pose than lhat already mentioned, has been del
es"teu 10 tonSresS-andn not having been delegated,
cannot be exercised, ut the instance of a
state 1t is presumed that this power will not he,
ei''ned as belonging TO the Federal Judiciary, or
To the President
think it has been satisfactorily proved-tlat
the exercise by State of the rirLt or -uoyvcr of
""i,!hcaf!"h will naturally lead TO the use of force
that 1T will i'll Itself, be violation of the Con-
sinution--and that it viii require of the General
government to do an act III contravention of the
Constitution
The reasoning on this part of the subject seoms
CONCLUSIVE. State has 10 right TO pui is reio ON
an act OF Congress- or decree OF the Federal Court
or act oil the Federal Executive and rendor it void
and OF 30 effect. Such a rirht in tho several
S'"teSl ana Tue Federal Compact, cannot exist
togetssr' There is ne right in the several States
TO compel the General Government 30 ca. Eunyer
tons of the States Tor deciding which is ripbt
qua wlich is wrong, in an actually existipr con
troversv between the General Government and 2
as to make such demand ON the General Govern
ment; that Government Las no power delegated to
IT. to act; ana ought TO act in obedience to the
call or demand.
Thy arguments says Mr. Calhoun which prove
that they thc States possess the power of nulli-
lying an act of the General Government, equally
go TO prove, that they are, in the language of NJ
JeVerso"-tde fighDM ipages OF ihc haDdc 0.id
n!eFS"fe ~ redress" The arguments in support
OF notification will not bear scrutiny. TLcy can
not be relied on for any purpose, Hr. .jcBersoq ia
the language quoted, spoke of imfractions of Inc
constitution, for which the States could obtain no
remedy or redress, III the ordinary Constitutional
mFde, and 'ohich lsere gross, Daiyajie atd Gaat.r
oNs. IN these the State OUGHT TO look st,sJ
tie Constitution; and is the rig!l.ill ,dsc of the
'lhode and measure" of redress, even should thcy
amount TO Rer0tutioH He spoke Of measures
not "Ads' tie Constitution; but cairo and uLtrs
The state right OF multiplying an act of the zen
eral government is On Mr.. Calhouu's opinion
IAN element not as supposed By some, of weak
ness but OF strength not of anarchy and civil war
but oi peace and safety" He docs not frankly SO
state this proposion-Hc SAYS, that the riuh of
astate to coRpri tie general gorcranleRt Ia a9aeai
10 the states and submit n question, sc is an ole
menl' &c itut, as this right, TO compel the gene
raj government TO appeal 80 the states can o cXcf.
csed only by resort to qualifications his statement
OF the proposition and mine arc substantially tho
same.
1t Is really wonderful, that such IL NINA rs Mr.
Calhouns, should he mised by party spirit sec.
tona prejudices, Geographical" interests and d.
visions, and State synpatGics and pride, to have
adopted an opinion parudoxcul * self DESTROYING
as that expressed in his last quoted language. TO
oppose, Is TO support. 10 resist is TO obey, 10
strengthen the general government, bv annullinr
It's acts! viii render it respectable by bringing il
into contempt! Will perpctuutc the union Of these
states, by inlIsng into t the spirit OF cIscor mud
dissolution IS we'll might he saw, that the naocc
breaker, the ous9burnci The rcbGcr, and the man
slayer, are the most pcaccublc and orderly mem
hers o! society, and more tian all others support
good government. 1t is really an insult to the
people, ~ mold tins language TO them.
m JcBcrSoH'S opinion, AT a late period of his
nc, mas been used by MIR. Calhoun, in support OF
ms scheme OF, compcliing the general govcrnr.le
to call conventions of the states TO decide dis
putes between 1t and state. .Nr. Jr1cyso.'s
words are-Whcn contest shall arise between
state and the General Government (which can
not be avoided compromised, a convention of
the statcs must be called to ascrbe the doubtful
power to that department which may be best
Titled to It," This opinion is probably relied on
to support the Who'll" doctrine of Modification. IL
operates against II, because Gr. JeBcrsga does not
rec mmend suspension or Modification of The act
which gave rise TO the contest. The correct
understanding of his words is that me thought
that the obnoxious act of the General Government
would remain in full force, until the states had an
nulied 1t. His opinion does not even 90 so FAT as
10 shew, thai he thought state could under any
circumstances, c0HyetMs EeHtrdl Government fp
submit contest 10 ihe suites He knew. That the
General Government hut ~ p5,rer 10 call Conreu-
toHs Of the S,atcs, to settle disputes, or for any
other purpose. Eic knew, also, that the states
had the power, under the Constitution, tO call con
ventlons 10 amend the Constitutions whenever
Congress should propose that mode of ratification;
and be, probably, had reference 90 this p0arey cj'
tie states, and expected them submit the matter in
dispute, by resortng to OF the regular and pre-
scr.hed modes Of amending the Constitution. Such
is my respect for HT. JeJerson's understanding,
that cannot give any other than this, Iujerprctu-
ton 20 his ords. ONE Or TIE PEOPLE.