Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-07-06
POLITICAL.
,, From the Augusta (Geo) Constitu,onaIist.l
THE DOCTRINE OF MULTIPLICATION EX
AMINEn


who are entrusted with authority, OF the highest duties
oil the citizen In such cause, some excuses of
zeal are not without apology But occasionally happens,
those who are engaged in repelng the
oil power, themselves advance eXhobitant pretensons
which endanger social order, and bring scredit on the
very cause OF liberty itself To anayze expose such
professions, therefore, becomes also duty of no incon
derabe Importance
The Federal Constitution is a compact by which the
thirteen sovereign states that adopted it, renowned GER
tain portion of their powers and also delegated certain
portion TO be jointly held by ell the parties under form
oil general government The additional members of the
conederacy, which embraces -four states are
all on the political footing with the original thirteen
According to this constitution, the Legislative power ex
ercised by moes OF both houses of Congress- with the
concurrence OF the President or by two thirds OF both
houses without his concurrence The Supreme Court OF
the u States is the ultimate depository of the judicial
power OF the general government and when the question
is duly bro before that tribunal, has right to decide
whether an act Congress is constitutional Such
brief summary oouregatve system in its course
But is contended that extraordinary has
red-ha the majority abusing the advantage of numbers
has enacted an unconstitutional law, oppressive to the mi
noty-that the judicial department no
redress-and that some CORRECTIVE more eFicacoms MT
consequently be employed. The remedy, which has
hitherto most zeaously recommended is that denomna.
ted Nullcaion the merits of which, it present
purpose 10 examine. The following, believe are SUBJ
stantially the doctrines comprehended under that
I'm all cases oil compact among parties having common
Judge, each party has equal right Judge for itself as
Wen OF attractions as OF the mode and measure of redress
The Federal Constitution is of such a compact
hen state considers act of Congress unconsttuton
al, it has right to nuy that act within its own limits
The other states have right enforce the nued act
within those limits. general convention of states must
be called Tor the purpose of proposing amendments to the
constitution, and thereby testing question of constitu
onality The states in favor of the nulled act must
propose amendment, comforting on Congress the now
er to pass such law That power be regarded as
having never been delegated unless three ourths of the
states in separate conventions, in their respective
gislatures, ratiiy the amendment so proposed"
III we designed TO exhibit precise theory i'm re-
aion TO the subject in dispute it would be necessary to
urge several very important qualifications even of the
two first of these propositions but as our object is simply
what has been sated-to examine merits of nulfca-
ton we shall admit for the sake of argument that "inla
cases OF compact, among parties having Judge
each party has equal right Judge itself as well
OF iniactons OF the mode and of redress and
That the Federal Constitution is a OF such a com
pact We shall also in the manner, admit the third
proposition concerning the right to nullify with
plantations however of the term right as will presently an
pear All the remaining propositions totally deny.
Let us endeavour in the first place ascertain what
Will be the state OF things Produced by the
equal right oil interpretations, which has been admitted
Parties enjoying equal rights 10 interpret contract may
have the perfect right speculative
is TO an opinion concerning its impor because
more persons may entertain different opinions without any
necessary interference. But the right i'm this
discussion is obviously the right of practical
me gh OF The paries to give an effect to the contract
comfortable TO their respective opinions of its meaning
The right OF none therefore be perfect the right
oil each is quahed by the right of every other For if
any had perfect right, of practical
OF giving effect TO his opinon the rights of all the
others must yes 10 III and all those Others from en-
Toying equal rights, would practically possess right at all
For example-two persons placed in situation where
they can have common Judge agree TO build a house
jointly, specified plan During progress of the
works, they differ in their explanation of the original de-
sign Each has perfect right consider his own ex-
PLANTATION the true one; but neither have the perfect
right to execute the work. according his OWL Judgment;
SINCE such the the other who theory has an
equal right, would i'll practice have at all AS a
mouse cannot be built IN two at the time
practical rights unavodably conflict and each i'm maintain
ing his own must necessarily oppose that OF the other
Unless, therefore, voluntarily yields there com
promise, force alone decide between them In SINH
lar circumstances the result would be the same the con-
tract consisted OF reciprocal promises Each party would
whole he
promise made by HIMSELF but the promise made by the
other-Ifin a wilderness where no civil law exists IL il
stipulated between A and b that at a certain time
shall deliver TO Is number of iurs, on SUBSEQUENT
day. receive in exchange number of bushels grain
should dispute ultimately arise concerning the quantity
OF grain which to be delivered, only would have
right to judge how much had been promised by him.
but likewise would have equal right to Judge how
much mad been promised to him. would have a right
TO withhold any excess which he thought was uniustv
demanded and to seize what he thought was uniustly
withheld. If there compromise the strongest
must necessarily prevail
Foreign nations having no common Judge, are on the
same footing with individuals in a of nature and
dispute between them concerning the Interpretation of
contract treaty. would be governed by the same prnc
pes and attended by the same Supsose at
The end OF between the u States and Great Britain
that the American post of Niagara should be in
of the British and the Canadian post of Maiden posses
sion oil the Americans Suppose that the Americans,
dersandng by the treaty of peace posts were to
be mutually restored should deliver Maiden to its former
masters IL the British asserted that according their
Interpretation OF the treaty. they not bound restore
Niagara, and should finally refuse eyacuate that post
would the Americans acquiesce? Assuredly not. Thew
would claim the right interpreting both sides of the treaty
ot judging how much they ought TO regain, well as
how muchthey ought TO restore and Niagara not
surrendered, they would either by direct attack or
other means, very speedily recommence hoslities.
Thus far II is apparent, that full exercise Of the right
OF each party TO Judge foritse results in neither more nor
less, than decision by force. Let see, whether the
exercise OF equal right of Interpretation among all the
parties to the federal compact, would tend to SINH
lar issue. Every state entering the Union delegated
portion OF its original sovereign power, and thereby sub
jected itself TO the legislation of the general
TO the extent of the power coded But this delegation was
time, acquired share Of the legislative power the gem
era government; she acquired the right in conjunc-
ton with her cOniederates 10 enact laws operating all
the other states TO the very extent, that she had
conceded the right TO enact laws operating herself
This the consideration the gUid pro the very
OF the bargain. To exercise state any pow
which she did not delegate, is violation of the com
pactto resist delegated power Of the general govern
ment, which she has exercised conformity with others
by act Of Congress, is equally violation Of tie com
pact. She is as much wronged, when her Just power
OF legislatng others is Obsiruced as when the
unjust power of legisatng over herself is usurped-
She possesses equal right 10 Judge, whether she has
suffered the wrong the otheror, n different words
IL state in the minority has right TO Judge that an act
of Congress il not cOnsUtuiOnal IN the majority
has equal right 10 Judge that is constitutional Since
both parties according the Fundamental rrncipIe as
suned would possess also equal right to Judge of sthe
and Of redress the one might select its
of resisting the other its own means Of en-
forcing law whose constituOnality was disputed Par
ties in this position, evidently arrayed against each
other, with the unqualified icence Of mutual hostility
II both parties have free choice the mode and naea.
Of redress, states IN the minority, without doubt