Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-10-09
POLITICAL.
from Mr. Cheres's Occasional Rerie,cs
NCLLlFICArIoN-STATE CONVENTION soI,Tuppv


ence IN their origin nature are absolutelv
WIN uervahve power under compact with other soyc
relgns. Any constitutional power TO nulHfy Tho i,ys =,
the compact OF Union called the Constitution must he lu
expressed or implied, in that instrument au the execution
oil the power must be by runcionary of tbo, Constn
uon by whatever name, State or denomination that flnc
uohary may be calledThus by the very arguments used
IN support OF Notification a constitutional remedy i,
me structure demolished why then continue mis- mr..
gument: Alas il is 10 remove anv bjnr sbs,ati
la assigned us as task very little labor we have
seem mas uone all the work OF this that stood in our
way It's delusion, baseess fabric tat we have TO
usspae; aud Is only by repeated efforts that the sanity
oil TIE pubic mind, which has become diseased under =
long course OF unw carried, unwontcd and d.nytous
clng action upon II, is be restored We must cal il
again aud again TO wholesome exercise az Il. oI ~ a
sooer faculties, until ii shall, by habit conquer the dclu-
sion oil ieellng, AMI passion, and party excitement which
now eh'hrals It, Let thcn proceed aud lot US next
Pu. !ogeher The dYectd nienlJI0, the scattered limbs
oil this doctrine, and give it something like connect
co Iorn This shall 10 in the words Of a very
o writer VINO mas already relu'ed every thing Of argu.
e' ""icn nas Decn brought forward in support of y al
nhc alton This writer, whose accuracy and fairness in
uenlng the doctrine, has believe been denied
s''es s sum oil II to be the following: "Whcn State
considers an act of Congress unconstitutional II has
nsn' 10 hulhiy that act, within its limits The other
States have no right enforce the nullfed act ,i,hi
those limits. General Convention of the Stptos n,,s,
0e called Tor the purpose of proposing amendments TO The
and thereby testing the question of consti;u-
uo"a"y' Inc States in favor Of the nuiled act must
propose an amendment comforting on Congress the poor
10 pass such law. That power is to be regarded as ne
yer having been delegated, unless reei ourths of the
sues, III separate Conventions orn their respective Lee
SlsIatuIes, rauy the amendment so proposed
On UMs definition we have some preliminary remarks
"aAe or the purpose OF sustaining Should be denied
when found TO be unteHablc) the assertion by the avo
Gates OF Modification, that the right is consiitnopal
right and therefore, we contend incompatibe Win H.
reserved or sovereign rights Of the States We know,
may De conlended that the act OF Modification is
sovereign right but that would be evading the question
oy verbal quibble which shall not anticip1te t,ot
would mol be OF much value those who shall eupI,, !,
The doctrine OF South Carolina according to the njvo
Gates OF Notification, has all its merit in the constitution
character OF TIC remedy, which is said will give il
paclhc character and which alone has cvenianv roun
among the people oi"he State. So far as this scheme il
rounded on the sovereign power of the State the above
definition fairly states, aud couples il az isry Win ito
leading claim OF constitutional character Let Ms NOW
state features o? that character Thus the til,1
OF construction or amendment is alleged to be General
Convention oil the States for the purpose of pronosin nm
amendment conierring the power in questions and that
is amendment IS TO be ratified by three iourths of the
states The power OF calling the Convention as well as
the proportion OF States which shall affirm IT, is deie
or supposed TO be derived from the fifth article of the Con
su'uoh MS article indeed conicrs power to nuiify
were II even proved 10 give The power of
yer perVeslon OF power TO amend: But we now BRING
ecossay 10 give uciiSru, ~ ~ GS s!aI when ne ee-
lect all support from the reserved or sovereign rights OF
the State We speak of the Modification of South Caro-
lima; for deny that all akin the Modification of
Virginia, Kentucky Mr. Jefferson. Their Modification
was the exercise of the natura rights ''the reserved
rights hc sovereign rights of the States respectively
and this Interpolation the Constitution belongs TO our
State and avery recent time The doctrine of south
Carolina stands alone unsusaned and unshccrcd by any
OF these high authorities, though the deluson has gone
forth and perv4ded too crcdulous community that il is
nigm authorities we have just named The contrary we
shall July prove hereafter Our principal object OF pre-
sent Is to make 1t walk forth in propria persona. lis
peculiar inirnty we shall hereafter shew. Our exam-
nation, thus far proves, think cOncu.iyeIy Ist That
the Modification of South Carolina the constitu-
uonai,y of the right; 2dly That constitutional right
whether express implied, under the compact Union
Is not sovereign right reserved from The operation Of a
instrument nor an independent sovereign rnht of lie
State; and that, consequently, If found ALL must be
in the provisions of the Constitution express implied
as an inherent right being part aud parcel OF the powers
comprised i'm and by it, Before proceed further, we
bescech the reader TO examine these propositions and
satisfy his mind Of their truth and fairness and if he be
satisfied Of these, to put the question himself whether
would he al all more correct to assert he thing
to be and not to he'than to assert the advocates OIL
Carolina Notification do, that the right is constitutional,
ana that tie sovereign powers OF the State sustain that
right. And we entreat that il may he always kept in
mind, that the basis OF the South Carolina doctrine is that
there is power, under the provisions IF The Consiit
ton, 10 decide points in controversy between the States
and the United States, and therefore, at the measure
peaceful one. Let il now be task TO inquire, whe-
Their there is any such power in the Constitution The
only part Of the Constitution which has been named or al
uded is the 5h article that instrument The mean
ing OF that article must he taken from its terms its oh
Ject and the OBJECT must be collected from It's terms from
the nature OF the power and from the history of tie ar
tice. But, before we consider the application Of The
article the case let inquire what the case under con-
sieation is and we shall find ID 10 be question affecting
the meaning OF the Constitution nor sfdnda uues-
ton of consirucion-o give il more precision or direct
the question is, whether the Of Congress
monty called Tie tariff laws, be or be not constitutional
der the Constitution it is written? The article Of
ing TO the ordinary meaning Of words amendment means
alteration Of something aud the establishment OF some
thing and distinct from that which exists The qucs.
lion a, issue is question Of construction The object Of
tie article Of The Constitution is question Of netO enact
nlent. They are directly opposite. The is a q,cs-
ton Of what Isl The other Of, what ought 10 bel The
question OF construction belongs 10 the present The
question Of amendment 10 the future They differ as In
the time Of their operation 10 their object and their
nature - Can any things differ much more? Yet such
the analogies Of the logic Of Modification This ana.
ogy is disavowed by the ablest advocate of The measured
who says expressly owe do not attribute three. ourhs
three iourths Of The Staes] has been supposed by
some, any constitutional power OF constituting the consti
tuition" lie adds, indeed, They have The power Of
amendment, however,o making what they please, and
This in cflsc, will amount 10 the same thing" Now we
beg leave 20 deny this conclusion ia f0f0 10 will
There will he all Tho difference ha uxiss between dis
similar things, between right and wrong, between the
due execution OF the Constitution and he perveraon oil
IL, VI IL shall the first purpose of Carolina NuiGca-
ton. which proposes to stop thc operation Of Government
G tie question decided We have already shown the
difference iu the nature Of The power, aud this learned
gentleman has admitted IT, We shaU little further rs
trae this distinction We sh1ll suppose the learned judge
10 be on the Bench Of ppeas which he aiorns and dqn
fcs by hs learning and intellect, and that thc fitc Of
fellow .cizan depended upon tc law of treason "a name
which we not long since heard, With Indignation applied
in our national council. Uhe resistance of % SOVEREIGN
State ard more recently, with ear snd horror held forth
as the means of enforcing thc doctrine against which ,gc
arc contcndng) shall suppose the fate OF fellow CHI.
zen to be depending before this amac and learned Judge
on tc construction Of The laws Of treason that hap
PLY exist n character Of g'ca mldncss We are sure