Southern planter., 1832-11-17

w, ,ii, ,,s a., cannoi eoncluie vitb,nl naking
80 ,,l,ai If , 4iW uimarks paritcsAes as
'eag '. .llEbe caleulAic,l 10 throw much 'ight on
,v,.'. Y. rs been alrci''s sad
y, h, ,l,e impedinienis uppnsed to just Con.
i se sor ,le nature Of oar political system, the
Nv WV ...on ,r,i the righi OF a Sale, TO arrest an
So, e.,,talional act ofihe General Goecrndonl, Is
N. n ..~,eni with the great and fundamental pm
Il n E sfsl liee States, that majority has rlght TO
~ ~ me atea'esi Thus regarded, Nulifca.
.V y w;ihout further reflection, denounced rs
W ". dangerous aud monserous Of all political
~ ~. asin truth it would be- were the objection
if,unded as, IN fact, II ~ destitute of all loun-
~ q Il. ss shall now proceed 10 show.
c f.,S who make the objection seem 10 suppose
~ III M ophi Of maiority To govern is a principle
IA ole 10 admit Of any distinction and ye', lf
Z, ~ mistake, It Is susceptible OF the most i'm
.'uN y, dsnncton- deeply into TIE con
as', .,rn Of our system, and, may add, into TINT
~ I'm fee Staiesin proportonto the perfection Of
NY, n. ,s.ituons, aud is essential 10 tho very uyis
lpos ofll6eriy.
M sAen iheu, 1t IS said that majority has The right
.e Fl .e,n there are two modes Of estimating uie
g., Y .,v. 10 either of winch the expression Is ap-
| 49, the 1he one, In which the whole community
aoa sned in the aggregate, and The majority is es
~ II reference 10 the entire mass. This may
po. allied die majority OF the whole, or the absolute
lid The other, in whchit Is regarded ~ re-
.,.Af oet, is different political interests, whether
49, y .,sod of different classes or different cominun-
.,aed in Or. general comiederaed Community,
W (. vghch the uaiofy is estimated, not IA refer
49,. q "a he whole but to each class or community
ncS1 3 fN,chit is composed, the assent Of each taken
vos .niely, and the concurrence Of all constituting
smrl minority A majority thus estimated may be
sl6 Hsd ihe concurring majority.
lon Rken il is objected, 10 Nuliilicehon, that Il H
dop,i used to the principletltat majority ought to
ue0i, ,i he who makes the objection must mean the
|eniai tnlaie as distinguished from The cOncurrng It
M nTn the sense Of tie former the objection eau
shp~ Nsoied In that of the concurrlng, It would b.
ms.i ~ as the concurung assent OF all the paris
o. uhus all the Staies) OF the very essence OF
IN "a IA maiority sgan u Is manifest, that, IN the
g. n. .pit would be good against Nulhhcatlon, II
fnis va c equally against the Constitution tselI
n. \ M whatever liah. that instrument be regarded,
|a IN eary nni tie work of the absolute, but Of the
~ hruring. majority. Il was formed aud raufed
in b h6 concurring assent ofall the States, aud not
damn s maiority Of the whole taken IN the aggregate,
einl hhas been already stated. Thus ihe.acknowedg
edia trhl of each State in reference to the Constr
al Ton, is unqucsiionably the same r'ght winch
rd nllfcation attributes 10 each IN reference 10 the
ID reonstiiutional acts of Government; and II the
ac eb be opposed TO the right of majority togovern,
s a. former is equally so. go farther. The OBJ
e zion might. with equal truth, be applied TO all
INA M States that have ever existed mean States
re q .rin0 the name. and excluding, ofcourse, those
hma ch after factious and anarchical existence OF
eanc 10 wears have sunk under the yoke tyranny oT
svis.lk, doninion of some foreign Power. There IS
gnd Nth this exception, single free state, whose
ny sisnious were not based on the principle Of the
d bncuning maoTy-nOt one ~ which the con
mu unity was not regarded in reference to ITS diiler
| ul nl political interests and which did not, M som'
I'D Ban or other take the assent Of each IN the opera
a4 boo Of the Government.
ea Ia support Of this assertion might begin viii
,urown Government, g. 90 back to that Of Sparta,
am sow conclusyely, that there is not one on the si
r uhose institutions were not organized on the prn
he dpe Il the concurrng majority, and IN the opera
|g-4|Bn ofwhch the sense of each great interest wa
bgat|ld separately consulted. The various device
1di Iuhich have been conirived for this purpose, vii
90 hepecullar operation Of each, would be cuTiou
he ''nd highly important subject Of investigation
hq |oaonly allude to some Of the most prominent.
nt The principle o. Inc concurring mJori'y hl
- rmemes been incorporated ~ the regular an
s sdinary operation of the Government, each inle
aa4I Ist having ndisinct nrya nlzlton a. acombinato
Of lhe whole forming tho Government, but still r'
n quidhgthe consent ofeach, within is proper spher
10 give validity TO the measures OF Goyernmen
'N Ofths modification the British aud Spartan Go'
snments are by Far the most memorable and pc
NJ e., eAaiil5us, Ia olners, the rght of acting
eei making aud executing the aws--was vested IN on
Interest," and the right Of arrestng, or nulliiyng,
. P5t saolher Olthis description, the Roman Cover
aid ment is much the most striking instance. In other
IN he right Of originnling Introducing projects
So hUs, was in one, and of emo ing them IN anoihc
Hat Athens, where the Areopagus proposed, az
nf The General Assembly Of the People enacted law
i'd These devices were ali resored to with the intention
~ consulting the separate interests Of which the several e'
nj mues were composed and against all OF which the
eclion to Notification, that il opposed to the wan oi
ny Majority could be raised, with equal force, as strong
ono add lmay say So against the unlimited, unqnNh
M nd uncontroabls veto, Of single tribune out OF ten
hnne all laws and the execution OF laws, as aga
he same right Of a sovereign state, lone OF the twen
~ tour bunes Of this Unon,l limited, the tight y, 10
- unconstitutional acts Of the Government, aud liable, as
p elect II s to be controlled by three-ourths OF the
A States; and yet the Roman Republic, and the other sta
II 70 which have referred, the renowned among y
" States, whose examples have dused the spirit o libe
e osa the world, and which, If struck fom the llst Mo
cal e,Ye behind but little to be admired or initiated Inc
i ndeed, would remain class, deserving from us part
hnoce as ours belongs to il; mean eontedeacies-u
W. aeass heretofore far less distinguished for power
Prosperity than those already alluded to- though t'
"a with the improvements have made, destined to be