Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-08-31

IN has
81 Ms doctrine Of Modification. Ii is drawn bv the
hand OF master; and though he has given to il no color
my YET the features are presented in such strong bold
ele that II Is impossible 10 mistake will be difficult
TO forget them And strong must be the nerves and
the apathy of that friend OF the Union and Cons,s,;on
who contemplate them with indifference, But what
ever nquetude we may feel this subject how we
may be astonished and lament that such doctrines are said
70 DC oy men pre-eninent for talents and dis
ngushed Tor their stations, sacred duty not TO shrink
ron e nVesuSahoh OF Them and from exhibiting them
TO the people in their true coors
Inc asciipuon oil the power States in the Union
cohtfoi the acts oil seventeen strikes at the very ln
dalton oil Republican government IL il difficult Ia con
eeiVe that the able advocates for notification should not
nave perceived, i in,,e that their scheme was ,be IN
this plain objection insensiblc TO the incongr;, -,
such pretension Tor a small minority of States Win
nose doctrines oil Tree and equal rights, which they claim
as the basis of their theories. The Constitution of The
United States after distributing the powers il meant 10
confer amongst the different departments of the govern
nen and providing for its general organization sensible
INA. experience might deveope unforeseen defects in
their system, prescribed several modes i'm which amend,
ments might be made. One of these was that two
uirds oil the States might propose amendments which
when ratified by three ourths of the States shoILi
become part OF the Constitution. Here the trainers
OF our form of Government proceeded ON the idea a,
uhul The hna act OF three-tourhs OF the States the
Constitution should remain il was The doctrine of
nucaion reverses this rule, and taking granted
mat the minority will be right and large majority wrong
enables any one State 10 nuify suspend a law until
three ourths shall sanction by their decision To use
Mr. Madisons pithy expression, it empowers small pro-
Poruon oil states 10 eNpunge parts OF the Constitution,
partcularly valued by large majority" The ineya.
Ole elect would be- that the functions OF the
IN the exercise oil some OF its important powers may
be suspended at the will of d single State In time Of
war the speedy and certain attainment of supplies NAV
be necessary defence, indeed 10 the very xstenco ri
the nation. At such time difficulties might be made
(and we know actually made) as 10 the constitutions
amy the mode adopted by Congress, for calling out the
puOhc iorce and If the action of the j. o he
suspended In these and many other which may be
suggested, until three iourths OF the States could he in
duced TO disannu the inerct of the Directing State in
c''Sulaole mlscheis may result This power, imputed to
each State, is like the of the Roman tibunes which
III ae'ou' 'lmes was not untrequemy applied prevent
sanitary measures, essential 10 the public safety Ac
cordng to this theory, each State can stop the wheels of
Government and arrest the of the whole ma
chime The Immediate object which this mower il In
DC appned, Is AN act oil Congress imposing duties will
be recoeced that Congress under the confederation had
oer mode oil raising revenue than by acquisitions Oh
The States, but they had of euorciup comnIi-
ance with them. The consequence was that TIE iuan
cal system OF the United States became exceedingly do
ranged, Congress unable count on or indeed In OH
@ revenues euaI TO the eXigenccs OF the country pub
lie credit was at low ebb il extinguished and there
was prospect oil general anarchy and embarrassment in
our affairs This was OF the strongest motives which
Induced the adoption of the present Constitution which
substituted Tor the necessity of calling on the States by
inc inadequate mode OF requisiton the power OF an i'm
mediate action on the people, for raising revenues Tn.
Sh section OF the first article the Constitution declares
That Congress shall have power 'o lay and collect
dues lpoSs, and excuses; TO pay the debts and provide
Tor ,ne common defence and general welfare of The Uni
ted States but all duties, mposs excuses shall be
unborn throughout the United States" This power IL
mIted, though admit (ndeed contenD by IFS being con
hned TO objects enumerated in the specified powers CON
fered on Congress- and those necessary and proper TO the
carrying those powers into effect was very Nensivc In
It's nature Now, II this power of Modification ex-
lists IN any State, species OF tax IL ,,J;rs
equally to any other and may be readily seen tbst il
might DC SO exercised, entirely TO disable the General
Government 10 perform its essential functions Be
Sides the Constitution expressly declares that all duties
nposts ana excuses shall be uniform throughout the United
states IL one or more states have right TO nullfy
law imposing any OF these taxes how this provision of
inc Constitution to be satisfied! Could Congress connvc
at or acquiesce in the practice or more States i'm
this regard and If it did could the other States be called
upon nghfully, 10 furnish contributions which can only
be constutonay enforced, when the burhens fall equal
ly on all the States? Ii State has right to nu6v ,x
law, throws the back OIL the principle of the
Confederation which made the agency OF the States in
dSpensable To the procurement OF revenue In,esd
places the government looing because under
me confederation, the revenue though came in SLOWLY
ana lnadequately, paid at time But under this
ne" d'cuhe any one State can prevent the collection
the revenue in the first instance and if seven States M In
may nave sympathy IN ntcrcs concur, can prevent il
atoSe'heT III state has right tn nulhfy time
IT has AN equal right any other Now suppose one OF
the States had nuliied imposing duties a, the end
OF the when national debt amounted 10 more nan
hundred millions of dollars Although pavmcnt o ,,
debts oil The naon is OF the enumerated objects for
wh'h taxes may be imposed, could the multiplying State
have Withheld Its share of the contribution towards the
payment OF the public debt and current expenses of the
Onon and yet have received all the benefits of the Co
vernmcnt, and thus throw the whole burthen of debt
mostly contracted for the defence OF the nullyng State
as well as the rest upon the States not nulhfvg Or
would according to the other part of the alternative Con
gress have been compelled 10 suspend functions i'm col
ecung duties and paying the public debt until it could he
ascertaned whether the refractory State would comply
with its duties VI State nullies an act of Congress- Inn.
posing taxes, should be glad TO be informed whether
according TO the multiplying SYSTEM if it took some wears
(Which might well do) TO obtain the decision of three
Ourths OF the States, that the law was constitutional
would the State be Tree from the payment the taxes din
ring the intermediate time would she be liable for the ar
rears! Ii the law attempted 10 be nullifed was law inn
posing duties would the goods coming TO the obiectnp
State be free OF duties, and would her ports he open TO ali
carriers so as TO enable persons smugge goods to any
extent into all the States, and thereby destroy the eve
nue., not only in the nuliyng State but in all the res,
Questions OF this kind might be multiplied TO great
tent; aud the subject is susceptible of variety of illus
auons, showing the mischieis which will from the
principles of notifications when carried into actual prac-
tce.-Bu the time which has been already employed i'm
this investigation and the necessity shall be under 10
sent some other and important views of Mr. Mad
son, viii obge TO dismiss this subject for the present.
in the aspect in which considering under be-
lief that what have said and heretofore, bat much
more what MIR. Madison has said ought TO convince
ny man that notification is incompatible with the exist
OF the General Government, and if carried into e
feet will produce dissolution Of the Union and lead to
consequences the most caamitOuS, which befd our
beloved country. AGRlCOLA
TO THE EDIroRs.- This is the first article have pub
lished in your paper; for BEFORE except bt
siness, have | troubled your columns. Henry Clay
IS nailed by Benton TO the counter counterfeit
politcian-though in all other respects gentleman.
Private character and public character synoni-
nous terms. The adjourned question" If reraci-
fy'-Gye That adjourned question: Of :. UeTGcifu' -
What the Fisheries and the Navigation Of the Mssissp-
p sc. &c. &c, and moreover that "ddj0THed question
John q. Adams and III. Clay! What incongruityl-
In what situation would the development of that adj
iOurned question Of Ghcn secrets place these two po-
| liticiansl
In our section Of country we cry aloud long live and
bp od that gho