Southern planter., 1832-11-17

lcondi,ion of the country, which would require cor
responding changes 10 the Consituiion ihai ihe
irregular and conflicting movements OF ihe bodies
composing 50 complex O system might cause de-
ranoelnenis reaurnp correction, and that, TO Te'
ouire The unanimous consent Of al the STATES, TO
meet these various contingencies, woula be placing
the whole 100 much under the control Of the paris
to remedy which, this great additional power was
given TO the amending, or repairing, power--'hls
vis Snsdicafri1 file system.
To understand, correctly, the nature of Tbs con-
cession, VIC musi not confouad il with The delega-
ted powers conferred on the General Government,
end 10 be exercised by IL, the joint agent Of The
States. They are essentially different. The for.
mer is, in fact, but a modification Of the original
sovereign power rosiding in tho People OF the sever
al Saies--of the creating or Constitution. max
ling power itself, intended, as stated, TO facilitate
and strengthen its action, and not change IFS chat
acicr Though modified, il is not delegaicd-ii
still resides in the States and it's still 10 be exercised
by then. and not by the Government
propose, next, to consider this important mod-
fcaiion Of the sovereign powers Of the States, IN
connection with the right OF Modification.
II is acknowledged, on oil sides that the durn
ton and stability Of our system depends maintaiu
ing the equilibrium between the States and the
General Government--the reserved and delegated
powers. We know that the Convention which
ormed the Constitution. and the various State Con
yonions which adopted IT, as far as we are Informed
Of their proceedings, felt the deepest solcnde on
this poini They saw g. felt there would be an inces-
sani conflict between them, which would menace
the existence Of the system ITSELF unless properly
guarded The contest between the Saics & the len
eral Government the reserved and delegoted r9his
will, in irutb be a conflict between the great pre-
dominent interests Of the Union on one side CON
trolling and directing the movements Of the Gov
eminent, and seeking 10 enlarge the delegated pow
ers, and thereby advance their power aud prosper
ity; aud on the other, the minor interests rallying
on.the reserved powers, as the only means Of pro-
tccting themselves against tho oncroachment and
oppression The other. In such contest, with
out the most eheciua check, the stronger will alb
sorb the woakerinierests; while, on the other hand,
without an adequate provision Of some description
or other, the efforts of the weaker TO guard against
encroachments and oppression ofthe stronger might
permanently derange the system.
Ont the side ofthe reserved powers, no check more
etiectuai can be found, or desired, than Nulli6ca-
ton, or the right ofauesting, within the limits Of a
State, the exercise, by the General Government of
any powers but the delegaied--a right, which, if
the States be true to themselves and faithful to tho
Constitution, will ever prove, the side Of the re-
served powers, an eiieciual protection TO both.
Nor is the check on the side of the delegated less
perfect Though less strong, it is ample to guard
against encroachmenis--and IS as strong as the ma
iuro Of the system would bear, as will appear in the
sequel. II is TO be found IN the amending power
Without the modification which il contains Of the
rights OF selfgOverDment the part OF the States,
as already explained, the consent Of each State
would have been requisite t6a any additional grant of
power, or other amendment Of the Constitution.
"h'ie' Then, Modification would enable State To
arrest the exercise of power not delegated, the
right ofselfgovernment, ifunmodifed, would ena.
bic her 10 prevent The grant Of power not deega-
'edi aud thus her conception of what power ought
to be granted, would be as conclusive against The
coSiaies, as her construction Of The powers granted
Is against the General Government. In that case,
the danger would be on the side ofthe States, or re-
served powers. The amending power, IN effect, cor
reefs THIS daHger. In virtue Of the provisions which
u contains, the resistance of a State 10 power.
cannot finally prevail, unless she be sustained bv
one'iourih ofthe and, in the same degree
lllat her resistance is weakened, the power of the
uencTal Government, on the side of the delepa-
ted powers, IS strengthened. Il is true that the
right OF State 10 arrest an unconstitutional act
Is, oil liseli, complete against the Government; /;
but 1t IS equally so, that the controversy nav IN
eject, be terminated against her, by grant of the
contested powers, by threclourth Of the States
II Is mus, by this simple and apparently incidental
conlrlvance, the right Of State to nullify an un.
constitutional act, soessenta to the reserved rights
but which, unchecked might too debiIiiaie tho Gov
e'nmeni, iaoouniorpoissd. not by weakening. the
energy OF Stale in her direct resistance to the en-
croachment Of the Government or by giving 10 the
aiera direct conifo over the States as proposed in
The Convention, butin a manner infinitely more safe.
and, Il may be permitted so to express myself, sci
en'ihc, by Strengthening the amending or repairing
power; the power ofcorrecting all abuses or deranqe
menis, by whatever cause or from whatever quarter
10 sum all in a few Words The General Gov
eminent has the right, in the first instance, of con-
STRUNG its own powers, which if final and conclu-
sve, as supposed by many, would have placed the
reserved powers at the mercy ofthe delegated, and
thus destroyed The equilibrium Of the system. A.
gansi that, State has the right of notification.
This right, on the part Of the State, if not counter
IeFpoIsed, might tend too strongly to weaken the
General Government, and deange the system. To
correct ihissihe amending or repairing power is
strengthened. The former cannot be made too
strong II the latter be proportionably so. The in.
crease OF the latter is, in effect, the decrease of The
former Give 10 majority Of the States the ripht
oIamendment, and the arrcsiing power. on the part
OF the State, would in fact be annulcd The a.
mendlng power and the powers Of the Government
IN f Nur