Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-07-06

and clearly states in the majority NAV endeayor 10 en-
force it, by whatever considered most expedi-
nefectua the next resort will be those which are vio-
lent, and civil war is the inevitable result
The nuiiiers indeed contend, that if law were multi
fed presumption would be created against its constu
uonaly; and that the majority would be bound, if did
not yield by repeating it, call convention states and
solicit formal grant of the power pass such law, in
order that the question might be tested This
eriy untounded In the first place, il the majority the
states believes law TO be constitutional and persists in
maintaining il TO be the contrary opinion of tie mnor-
cannot create presumption OF its unconsitutonalty;
unless adopt the very extraordinary superstition that
smaller number is likely be right greater,
In the second place. the Of notification jus
hed only the ground that all the parties on equal
right TO interpret the Federal Compact their
own mode and measure of redress when they believe that
violation oil it has occurred The right OF the parties
must be the same, whether the violation supposed TO
s in exercising power which has not been conferred
or in resisting which has actually been delegated
attempt therefore by the minority of states prescribe
any particular mode OF proceeding to the majority, weuld
be wholly absurd- would be debating the mode and
measure OF redress TO their opponents who possess
own acknowledgement the full privilege OF choosing for
themselves The very first principles of nuification
would justify the majority, in the immediate employment
of such means, deemed conducive, the ac
complishment oil their purpose
But let suppose that the majority suspending ali
measures of coercion should gratutously 10 calf
convention, for proposing endmens 10 the constiu
lon and that the parties accordingly assembled
The nulhers would say TO the majority ''we deny that
passing the nuied acPropose TO the states an amend
ment granting that power and shall see whether
would of course reply: eve assert that Cor1,cs' @
possess the power which it has exercised in passing the
nuihed act Propose TO the amendment taking
away that power, and we shall whether Congress is
to lose it no' What then would have been Satned>
The votes OF majority of the convention, must necessa-
riy constitute the acts OF that body and amendment
which rejected could be submitted the states for
adoption The parties would end where they began.
But it may be argued that although the majority would
possess formal right, TO re ect the proposition of the
nuihers the latter would have equitable considerations
| to urge, which ought 10 its adoption Let us
hear them.--They would say-"The meaning of the
parties rs the spirit OF compact. When we ratified the
Constitution believed that it did not confer on
Congress the power in question If the null6ed law
| eau be enforced, we live under government exercis<
ing "a power winch we DID not delegate, or suppose
others to delegate it is not the government which
signed III you propose the amendment suggested by u.s.
and it ratified by three fourhs of the States, Congress
,oH undend6y possess the poacer But if you reject
proposition, the result be- that majority may
assume for Congress, power which constationaiIy can
be conferred only by three fourhs OF the States These
arguments, plausible perhaps first view abour under
this material objection; that they only qnite as
good but even considerably better the opposite side
For the majority without hesitation could reply" Yes
we with that the meaning of the parties the
spirit Of compact when tcs ratified the CONSTITUTION
believed that it did confer Congress the power in
question. If the nullifed law be enforced we
live under a government deprived of a power which
did delegate, and understood all others 10 deceae il
is not the Government which designed. If YOU pro-
pose amendment suggested by US and il is raiiGed NV
three iourths OF the Sstes Congress ,ci be andeuiab
diueSfed Of the potcer. But if accede to your promo.
stion, the result must be, that minority barely exceed
ing one fourth may deprive Congress of power which
can constituonaly be taken away, only by
OF the States satisfactory reply this answer would
ry OF nullihcaon pressed TO its ultimate consequences,
would amount to thsha three fourhs of the States are
necessary to coniera power Congress- while any num-
oe oeyohu one iour'h may take II away Whether such
system would be ex?edent shall at prese Mt en-
quire-most certainly it is that of the FEDERAL Consi
tuition In the article relative TO amendments the word
potcer does not occur-it declares that amendmen,s
shall be valid "wben ratified by the legislatures OF
three ourhs OF the several states or by conventions t
three iourhs thereof Rerenchnp mower of Conoress
is as much an amendment comforting power; and
therefore, to be Valid must require the number Of
votes. When convention is called, TO propose amend.
ments relative to power claimed by the majority and de-
MED by the minority is evident that the final decision
must depend altogether the form which the amend
ment is submitted TO the states. If amendment pro
posed to give the power, the power Will he lost
small minority is sufficient reject il; and for the same
reason the power will be sanctioned, if the amendment
proposes take il away The form of the amendrncn,
then being absolutely decisive and each party having an
equal right TO support its construction Kit is the height
OF extravaganza to expect, that majority maintaining the
constuonaty of the power, would agree to incur GER
tain defeat, by soliciting grant, which they knew that
minority exceeding fourth predetermined to re-
fuse.
Iii already think sufficiently proved that ninori.
y exceeding onefourth has the constitutional right to
impose its construction a majority But there is a
farther evidence which appears TO us striking, that
would be improper to pass it entirely without notice. II
the trainers of the Constitution designed that such i-
noy should have the right Of laying nterdic the
exercise OF which il considered unronstituon-
all why did not those trainers plainly say Why did
they not Indicate the in which that Fight was TO
be enforced! There was motive, apology for mys-
erious silence. They might have simply provided hat
the declaration oil this minority, through their respective
state legislatures or convention, should be sufficient for
the purpose Instead of making this obvious provision or
any other equivalent TO it, they did even grant to-
such minority the right Of calling conventions
privilege which belongs only Congress, acting on
the application OF two-thrds of the States Here then
il admit the pretensions Of the nulli6ers is the
most astonishing anomaly witnessed in govern
ment. The constitution intends that momentous power
shall be possessed by certain proportion of the states and
though obvious mode might have been provided ils
safe and easy exercise mode whatever designated
and hitherto better has been devised, than the open
resistance ola whole State, TO general law of the landl
IL will be difficult indeed to believe, that tie sage authors
ofthe constitution, guilty OF such bundcr--one
which would disgrace the barbaOus legislation OF Tar
tar horde, Hoenot kraal. The necessity and The
facility OF prescribing regular means, for the exercise
such power supposng II TO exist, both manifest
tat the absence OF all provision of the kind alone
elusive proof that the existence Of the power itself never
was contemplated.
Thus have shewn, that even if the majority should
assent 10 he calling Of enton, the nuffyng mino-
ty must nevertheless fail in the accomplishment of their
purpose since they could their construction
to be recognized. Each party according The principle
originally assumed, would remain the ground Of its
equal right TO "judge for itself, well Of infacons
Of the mode and Of redress. In such position,
there would be impeachment to hostilies, and unless
side the other fecedod they must necessarily
II this is evident In the abstract II is
nles in the Of the existing tariff law, which
proposed that the experiment OF notification shall be tried
Suppose, that by the operation Of such a measure, the
ports South Carolina made free they remain So
and the state IS sill be considered a member of the
Union the principal impoations Of the whole country
must be concentrated In those ports. Congress could