University of South Carolina Libraries
pi'1 1 *? By D. W SIMS, State Printer. COLUMBIA, S. C. FEBRUARY, <K 1820; Vol. XV ?No. 0. PUBLHHRi) KVP.RV FR|4MV MORMKG TERMS?T*rte DtUart |WS Unii, nayei/c mi mitwnet, tn ?wr IMtffcifyMt Jli? ?wl thr y tar. ?-?? i .-?r4 JIDVKRTISKMEJfTSin?trM*atlit wtritu. Columbia F?ranle Academjr" flMIE Wmilt and patrone of the Columbia JL Frmair A??*?v ere i especially Informed, I hat il (till caNlwtdanndrr Ihf uprtriirtNRliiiw of the lli-v John TUnnk; aided by aide and r Iperl ? nerd tracker*. Thr trlnlrilrrn will einnmanc? on thr Ant Mondav In January. From lb* attain tnrnii of the prtpetpnK who brinjrato I be oMco nil ike advantage# *4 a poblic education, na wall a* tb? eomplrfcsneas ol wr) deportment In this In dilution. k h believed, that parents will not regret ney confidence (hay way |i>ar# In It 3bo gov crnment of tfen school fc mild. consisting solely ofmoral lnfln?M?* II U the aim of the ?neten?; In all their inlercotMran With the pupils, to cherish and i>mmote that fimpliclty and |Mirlly ot n?i?y 'tliW-h conrtitules, Hie ornament aad nrowit of all Liimm eicrlbnce, and without wi cili-rnnl or iutt'l|ecH|pt vain*. , Tha course oClnilmqllon i t nt I- ir i embraces all the lirar taiixht In tha most, appro ^ United Stat*-*. Provision la i course of inuruistton, not on departments of literature aaJ *c.lrnr'e,"IWJW ah thou-11' ttmii eocotapHshntanta which are dammed iif r---?aiy In Ilia higher muks nfllfe. Thr iiit?lf?tlon of mind and vagianey of Inta glr.atlon peculiar In larjy towns, are altogether removed trom thl? institution. Itrtl-emafll, rvery facility for study, im traction In *11 departments of nstful knowledge. and tha auliaiahfiel rewards appropriated to Industry and regularity of conduct, form such an wm mhtage iff advantages as W rarely to lie found in P< male Aenilnnrlet Mr*.flmilh stilt continues in charge of Ilia board Inr department. Hit character nod .ptalifications are loo well kownto nerd any.coounrndallon. RATES OF BOADD ANIX *tU|riON. Board, |U0 p>r annum. F.iitiUh Tuitl >n, ? ** quarter. W1M1 F. mlisii Grammar or Oeopa phy, , ? * ?. ? Willi EueUsh Grammar, Ge irgrapby nod Arithmetic, 10 " " Thr luro uihht flaws, with the uif? of Maps,Globes, fee. 19 ?? ? Frem-h. Spanish and llellan Lan *uarrs,each 10 u H Mu?ic (Piinn) 18 " + Entrance to thr Music Department ft " M Druwlnr and Painllug, 10 41 " VHirt Paintini) 10 w M Hoard nod Tuition, as heretofore, payable in advance , ^ C hmbja. WH. December, I82P. IW II mUCHANTttibTFA.: 1 PT HK mWrHnr itmtefnl for tn* many Uvni* r hr Hhi rrerlv d, retpei-tfnllv Inform* l.t* Xrirn.d* *nd the politic gam rally, that ??* !<#? la ?nvH tn tbal wrlluilMl?lM aad tommoditttii Bri. k Building, loimrHy o?cupird l?y Hr t*tplth, eftnnt* on the north w**t eonmr of Richardton and Taylor ?!??<(, diagonally nppo*|tr hi* former *itu?tioa Hahaaapared no pain* in fitting up thr b<tuM forth* cvor p<l?n of hi* friend* and rtpi r.lally private fnmitlr*. Hl? Table will br fitrnUh?d with thn brit the BMrkH afford*. hi* Bar with llw cbni*e*t Liquor*. Room* with ibn lirM ol Bcd*, SinMn ?*Ub tUr hc*t ol Provender, and faithful Hi* Ball Room U100leaf lon|an4 iMiipocloui and well calrnlatrd na any in tba *lat*. Tlie *nb*rilVr bop?-i from hie nnmmltta^ iimi in pi?wf, (bat he will ba enabled to cive prii. ml aailtfuettoa to aH wbo may favor him with their company. GEO A. HILLKUA8. October 24 A'i it Q7 Th? Charleston Mcieanr. AntfHta ChmnV ?le and Y .rkvilh Ad v nettle, \vfll pohthh tin- almv. nor* a w**lffor tnm.? w^eka, and forward tbrlr ncrminli for OliSEItVi: THIfe The *al?rril*er will attend on the folio" my .lay* and nt Ihn following plree*.to racrWe TAJt KF.TUHN9 for the year IfltR.nameJy, on the nut. of February nest, at Mincrvavillt. Ou the 19th at Gaflaay'* Store, TomV Creek. Ou the ^Qth at Oaioert Mill. On th* 2l*t at Abraham B Hieg'n* On tkafBib at WatkintM'll. On tlia ?7?h at tfaml. ^ogramV Oa the 28th at Harmon KintlerY And on the flni Moaday ami Tue?d>.y InMareh.attbaConrt Ifouta in Cotamoia; alio during tho enaoing r.onrt. All whajlo not wl?h tn p?y a do*hle tea. Will do well to attead and make tbelr return*. Aud all who do not With to pay the eortaof an excretion. Will d? Well to hare nil laxee paid within the month of April n?xt. HKNJAMIN TRAPKWr.LL.T C R. f) Jf. B Th* Mt e( (Im lateatwlwi <*taawk of thr Colter.* or to reqqireall return* to be made oa outh. January 14,llttf. <. 39 ^ew Saddlery Ware-Houso. SMITH & WRICiHT, Br.O leave (<? Intorm I heir friend* and the pah* Hn that 'hey ltnvc a^ln catatdWhed ilient eelv*' In the Baddhry hn?ln**a, nt tkelrnld atand, on the corner n? Klti? and Oforif afreet* Charfe*. ton, nno door atiova Mr C. Chbholm'a Hotel, where they have momently on hand a compbtw and r.anotftl e*enrtm<-nt nl all kind* of BaddlOa, Bridie*, llnrn?*?, Whip* and Tnin> r, al*o Girting, Bridle, and fuddle I.raiher. Mnrorro hkin>, Biii-cp and Calf ?lo, together nltho roiaplete e?- i rortmrnt of plated, gill, and laoannert Saddlery XVare; Com* Leon and ( oaeh frlmmineanf all] kind*. A* they are eonnerted Uhli ane*ten?lvei manufactory at th* north, they feel ronfid'ni In aMii.injr the (tnl'lic that they ran fnrnWIi pond* In |h?.ir lin^of a ?tijn-rior ?illr, and on a* giotlirrm* a* ran br* proonr>.d at any (iiallar a*taMl?hiurnf In iba United fttaiea. All onlrn will It* thankfnlly rerelved, rinr! promptly attended lo, they r?*|ie.ctfuily tollrlt r itiare of the poMin patroaan*. Oetolwr 2-1, IIW1. 4.1 if *? fcKNTlSTilY. AMBLKlt rr^r,foi.> .1/ five* aotlee, that hr ti mater thr na.-r*nty?< %atnx ahmal from Cotambta almat two wa#>h?. t ena^eqoene* of e?w profr*?h?nal enjraKrm' ??t. r Camden, aflar frblab ba may agalmba a*| rrtr Ht Columhbi. Any JWftN Vaff wlfl) P^ltoa.at hi* r# (be flr.rk ftenae.wtllbf eUeadcdteoo hit u turn <{oiumhia, 4aa. 14. ? ti HTATK RIpllTS MK. I%AYblS hl'EKCH. Dtla>ere4,i? the Jlo\t* of MeftretenUittveo of XOIUA Carolina, In JUtcember 182de fore the committee of the whole, on oundry ISSSzJSgSLF*'* nU,ji .Nir. l'layer sahlr Mr. C|uuB]ft**~-My purpose io detaining dl?cu**iofl with statements of what should be presumed to be trite and common piice to the member* of the committer, is I. Ml-1 ccivc, the Most effectual way to embarrass, if not to frustrate their d*libc rations. When the question concern* rather the nature than the extent <ft the injury sustained, an. end the responsible Inouirjr/ whut to the mode and measure of rcltrft If, Mr. Chairman* 1 were so far to forget my wit <?s to become an advocate for-r??4btrt ve justitf, instead 9f the word rrfltf TOtould have used the In return for ot>r reiterated wrongs. But' air. It to impossible that 1 should forget the nttitudc proper to the emergency, when the tone of our deliberations perpetually remind me that thh is a trlbunul organised lor rcibf, not ion* rrfirieal, and that in* utmost scope which our view%?ah embrace, would be de fence against fu.t if};?*, and. not ?k^*Jactlon for I wfif not stop sir* formally V> inquire whether the delicate and |>erplcxiftg relation! which it is ouralfyost peculiar hardship ?t this time to occupy ,40 the federal govern ment, is. properly referable to nn abuse or flood of Vlght which has been Incessantly shed upon then* topics, throughout the able and convincing argument of the Hon,, Speak er (Mr. Harper,) to attempt to treqjd in hto footstep*, would Ijc like following the sun with a taper to increase his eflhigcnce; a fiitiful <?ffort of conceit and vnnit), us foreign rum cvety sense of propriety, ns insulting to the judgment of the committee. It gentle men still remain uninstructcdon these points, revelation and not reason mu^t inforn. them. Indeed sit, I do not deem It materia) to a concerted plan of resi>tance, or to its correct and consetentlou* adoption, that the com mlttce should fully determine for Itself, whether the tariff >? an abuse or an usurpn tion ol power. The same disfranchisement of states and individual* attends the pursu ance of unlawful endt,i\% the use <>t" unautho rised meana by .the federal government, and it is enough for usto know that our '* resciv* ed rights" us a sovereignty, and our liberties an men tiro insidiously assailed, to liarmonizc our movement* toward n point of common wflerintorcoipmonsecurity. Treat inathese K(tints tlun, as proved or assented to, 1 shall riefly suggest and answer aigMincnts us to the modie ami time of "basing ourselves bn our sovereignty" for relief. It seems to Iks conceded on all hands, that relief, if administered, must c?me fram the state M in her highest sovereign capaci ty/'and the inquiry therefore, hoto this array of sovereignty isto lie obtained,%*cms natural ly t??take precedent c of the quo *t urn when its exercise wnuldb'.* expedient. To the decision of this point, as it involves the locality of a power* It becomes us to know what is the power neccssary to be executed and what the organ of its deposite. As it must be ob vious to tho committee that the powers of protecting, /petitioning and remontirullng, are worse than nugatory, 1 shall proceed at once to what Mr. Jefferson calls the " right ful remedy#** In cases Of deliberate outrage; a '* nullf/l'gtiun of the law.** Is there the power touullify adeputed or re served power, & if deputed where is the evi dence of itsdelegation.&w hat the department of nveretggly to which i^ belongs ? As the committee will perceive that the answer* to these questions depend on tne apportionment of sovereignty nnder our complex adjustment of political control, they will Indulge me In a hasty review of the nature and extent of derivative and original powers in the consti tuted authorities of the state and federal governments resirectively, and in the people. The powers rightfully exercised by a gov ernment mwt Ik* freely aided, formally at testcd.and regularly conferred. The grants ' which powers are convened, and of course e muniments authenticating their tran?fcr, under our government, arc written con stitutions i ami hence the quest ion wheth er a power be ceded or retained, must Ire settled by reference to the parch ment. To inquire gravelv If the pow er under debate were in the federal gov ernment itself, farther than as involved In a discretionary or even arbitrary tight tore view and reverse its own lays, would be lit tle less than inockery and insult to the good seme of the committee 5 for unices managed with a ivonplete dl cretion, it would be weapon for Miiride ip th<? hands ??f govern ment. and as such repugnant to the end* of Its creation. It 1% true that the power of veto I'tdged in one department of th ?t government (so far as the mere suspension of a law hears a resemblance to it* complete reversal) In Z ? la writing nlf loo* eifsmpore argument II ? dint th* fume Unhung* run ho awil. <r thst wards wlH ?er?r In th* Mm* prnMoa, <lm? in lb# wmc ard*t as slwii delivered M? U (?? ??nd yon th? srjtnmt-nt tn titbtlarrt ? 11 ?honld I# ilKi'uglii to ?rwlk from s re?pon?l I -Illy * Melt other* *1# n+oimiag, hy listing th#! (wrfwiuMril; sod I e?a?*lv* that tfcl I jori l? ihm roaiert'dly foHfwred hy thMraatpo ; '10a of n word,the varied ?rr?ar*m*al of a ss?? f ? 01 ??, or the enfsrgsfsont or rifonmibn of s view. ?omewhst analogous to the power under de bate; but this power M w> pa rail teed when antagonist interests array the rWfle functions lit Mi undivided front kg?lnit vereignty, m to be??me, for of tRp rights, of thflTatter, jr nugatory tfWRitftvellftfer e power to nullify hs own lew* then, 1 then by n tlegUI stive ptoceee; not being specially ceded-to, end In truth being repug nant ts the, exUteuce of the f mentt It folloifr* thet It must the people as an ori|pnnl power,* M ceded by them, to the government W the etete, or some one of its breaches. To de termine tills point understandingty, If will be necessery to analyse the nature tod dlsth necessary to analyst the nature ami dietino ' taracters of t lie grants snd llmitation* eeteblleh and restrain the federal nnd etete sovereignties resi>ectlvr1? lat with the exception of tne smell teifctoary mp*? still left in the people, each government Is res pectively the reservoir of *uch powers aatw long not to the other. T|?< charter of aov relgnty In the federal gnvernmtnt Is a deed conferring enumerated /tenure by special claufesercession,,u?d the mean*to their ex ecqtfcto bv general clauses of cession} the tlriiUationr in which powers,tho' sometimes special, ere finally rammed ??p In a general restraining claute retiring such powers as are not therein grantrd to the states or to the people respectively. This Indeed Is the only mode by which .a government intended1 to be liihitea In the sphere of Its operations, could be effectually controlled; for special limitations without being followed op by a clriusc of general restraint, presuppose n clause genets tions. at grant, to which the* eerve as excep tions. Not so however, the constitution of the state- commencing tinlike the federal constitution, it-holds a coarse directly an tipndtl* throughout Proceeding ** the functions of sovereignty, tlteg dolled, out, with a jealous pArsiutj the former case, but dealt out witl almost, a lavish hand; not count grains, but *own broad raft tthon i ment. In the state constitution th Instead of being special, or* /fe* the rntraiHU upon state, unlike those u|>on federal power, are iflcclat. ThescTacts are strictly wi unison witli ttie neccu.tti, gave rise to the different Insit whether we regard the federates as the sill (stratum of n new govern* as remedial - f detects in antecedent) ment, It was still intended to coxj /towers; or else it would have failed pair tlio*e defects which IV *us d< ' rcmeny. me Mate constitution, 4'i.Hif con trary, instead of being destined lit mvliutc f;oveVoment, nr confer |?o?ver, was merely ut ended to art/vat, arrange, and w tomr in ?tancca, real ruin fire-extatrnt wverfignty, uud hericc ill every case that the general declarations of antecedent sovereignty, tlcnigh expressed in th.e loim of gr ..nt* were rnthi-r intended topcrfcct the symmetry tli.m tilt: energies of the instrument, while the nr ranging mid test raining clauses were main ly remedial. In thin conclusion, Mr. Chair man, I am fully sustained by the fact* that under the colonial ^hatter, sovereignty ex jsfed \t\anffirtmt quantity ir. the constituted authorities; or the royal charter would not have been continued for nei-r 1* year* after the revolution, or which i* the same, be tween the declaration of independence and the addition of our state constitution, and by the strong analogies of many of our sister states having but recently nifrmt^d con stitutions, and <>f their retaining their charter to thi? day. If then the power of nullifica tion would have been in tlie constituted au thorities under the colonial establishment; or if it would pass under the general granta in the state constitution, and faa tithe caar J there is no special restraining clause to In hibit it* exercise; a* it i? conveyed to no oth er government, it follows that it is not in the people by their hill of rights, out in the efficknt aoverrignty of the atutc; those in vested with actual dominion. It will be remembered, however, by the committee, that 1 have admitted that relief j can only he afforded by the Mute, acting in i liar *'uigheat sovereign capacity}** and 1 mention it now, because at tins time of the debate I am confronted with a propositi"?* which if true, will render this admission fatal to the argument I nmenforcing,to prove the Lcgislatip-e competent to administer the remedy. The proposition to which 1 refci Is this, that so far from any dep ?rtiueut of established government being the deposi tory of the supreme |?ower, the aoyerrignty 1 ef the 4tate, instead of being contained in, :.s. /laramount even to the vjhvlc array of con aHtuled authority! As this position forms j auiniporta.it preliminary point, thro'an af-l Urinative decision of which we can alone ef-1 ftcieutly reach the merits of the debate, it ; becomes us not to evade but to examine it. This brings its to an inquiry which I think It high time should have been regularly made before the committee, to wit: Vv iiat is sove reignty t I know, Mr. Chairman, it Is be neath the dignity ol the discussion to de scend to verbs! criticism, or to attempt to convert it into a tilt alxait words; but it wc intend to labor in concert, it is important, that we should know the tools to be used in the work. It In Impossible to commence in !u "banel of iniquities," and we do not ap proach our end ?? whit thentgher, by imitat ing some learned Kent I e mm pi " gabbling a leash of languages." To como to the point ? TNrro Is perlisiw ihttMnft which ran better cltsraeterkn tlinse Instrument* Nad Hm spirit ot llirlr funanlioallisnlha Wry Introductory worrft <*"??*?t?. '< Afl I* gisUtlv* powers htttim gr*nl r4," ??y*th*r?i4#ml constitution, sad thenen pro > to detail tnent, while the constitution ?d Ho, "a begins, ??The Irrtstalivn i?lko(H|r of Mh aad ili?|M?n? s alike wHlt detads sad word of ''aaJloo. The c.ie enamen?t*? powers even ti-bordlasta snd Hfrhrstory, whllo the other huHly pauses fo know what it is di?|*BNng. I .'I I ticwien to ttiw? a aennjtion of cut wi in^ ?Unco of its actual or poattb)* ?*erchwt whrthet; embraced In iU origin*!, deputed, or fc)t)mate forms; whether absolute or m?dl fted* that I* not In itrkt, accordance with raent i electing, instructing, conpniesloning, or dUifraachising Ift ngcatalJramtn*, pre scribing, expounding, or executing Ia?p,? preserve* It* Identity throughout; and every jtufictlaoary of. government from the highest magistrate, to the merest menial of power* Is to aq extint^a participant Hi the common ttockf 'Whether w< contemplate It* volean ta energies roused In & tempest of; revolution c/ u mighty and indignant people, todejwpl* ish with forre established systems nr survey it* more benign and temperate Influence, lit , arranging the element* of Mtciety into lur monloo* motion; In it* more eccentric ?nd an gry, ov ita rrgular and pacillc n>ood, the wmc great characteristic stilt prevail* the tr&r4 in/ft of an overruliffjf tfnd controlling fiow^r. Blat-k*tonc(46<9) treat lag of the nev er;* I form* of government holda this language t ** However they began, or by' What right so ccer they subsist, there i*ni?q muit be in nil ot tbem a supreme, irresistible, absolute un controlled authority, in which the *jura jftumnfl irojxrii,' or rights of aovcrrfgnty [reiMe." If examined! Thia observation, will be found to correspond, or at farthest not to [conflict with thp definition 1 have"jiven-r i When speaking of the authority intrusted wltlv thc*e sovere-gn right* a*'*? supreme." the meaning is, that to the extent of It* do minion, it it witlicwit an actual superior; when u*M irresi?tible"that it* power* are of com potent energy to their owij. infotrcment; when it* " absolute," that It* mandates arc' of positive obligation within It* jurisdiction; When a* "uncontrolled!" that It* functions rvU/iin their aeo/:r, are without controls and it I* worthy of remark, that in enumerating all Uie^e properties, lib doea not nirntion or Jwen hint as an attribute of sovereignty,tliut t 1) unlimited ojf in^oftable of control', the word "nncontroled," convey ing neither the 'idea that it Is incapable oj restraint or with out limit, hut merely that within it* limit? it U without restraint. The definition of sove reignty therefore, which designates it a* I ??tjiat power in a >;overnincnt which l*tvith o ut Itmi'," is faulty; power for being limited, | being n >t the kxs supreme, within its pre scribed hounds: nncl there being no power in a government without limit, utiles* the government be a de*:>otisnt fnower lit uti other forms of government being Mid out mtd1 marked by distinct ir<rs and bounds,} it fol low* that <t powct witho.it limit. us t'ottll oth er form*, must b?* a powch above mid not **ii" or under government. Sovereignty then being jtynoM-imais with power, with ?ut uuv reference'to limit* or extent, it fol low* that wherever the powi-r' reside* in n i;ov< rnmcnt, there alw>, in the sovereignty, mot ?. r wot ill, govrrnment h sovereignty, or nt least the medium or Instituted organ of control, and it* origin having no effect U|?on th?* extent of it* power*, but merely upon i^> right to exercise tlirm, it follows tint wheth er ?? de jure" or " de fact"," it in actually sovereign to the extent of its function*. From this identity between sovereignty and government arise* lift distinctive appella tions; as when the supreihc power is in one man, the government Is n monarchy; when i* h council compose^ of select member*, an aristocracy; when in the people, a pure demon at)', and in their agents a represen tative democracy, ?T republic; each being further distinguished according to the mix ture or modification of these forms. In tlii? then, a* in other republic*, that sovereignty wlii^h emanated from the people, being transferal to thtir agents, it follows that m> on ground* of sovereignty, the |>owcr of nullification belongs to the state government, or at least to one of its departments}' and' hence if it does n?* exist concurrently In sohie other department as an incident to sovereignty existing elsewhere, no other au thority is competent to its exercise. 1 have | shown that it is not in the federal govern j ment, and iih the only remuining body' in which sovereignty could reside is the people, 'let u* see if tliey have hoy and what sove ! rcl^nty remaining, nod if any, whether this ! po?\tr would follow as an incident. | Of actual sovereignly the people, c? Indl j vtduats, have none, unless it be contained in | i the democratic rights or more correctly ' privileges* of suffrage and Instruction,?I ? l?lcction however is but a modification of the' I appointing power; and the Kleetoml C'-ol-j 1 lege but a collecttvr functionary of govern I ment, so tliut suffrage must be exercised by the citlxen, not as an individual but a civil, oigsn or agent of government. Hojpf in- j struction?it is a power heloiiAiug to^onrrrS-j ed majorities and always beating i elation to J a civil trunt. Both however, as fioirrh* o/j government, could not be ?xcicised by tliej citisen in Ins lndrvldu<it cun>H,lty, for rov- J eminent is a substitution of a civil in the stead of a social state i an cxchang* of the] l/roweroj Individuals for the fiomr of majo rities, aiid the sets of the eititen are a* se parable from tho*e of the Individual, a* ore hi* civil frian his domestic relation*. He may enjoy private rights or personal privi lege*, under the projection of governmentt but lie can exercise no privilege or function connected with the government tut as it* agent for that fturhw, mi other words in the case* mentioned, he sets as a drhen not as sn individual. He the relation however what it may that the people have to the go vernment in executing these trust*, the pow er of nullification oantiot folh.w us an inci dent to thcmt and these being their only known power* under govern ment. It follows that If the power in debate belongs to the people, their right to cxcrci?c it must acctoe ? They a?e itricllv prWilfdf, Mn* e?ertl?*<l by the w?srte*y ase permhtloa of the majority. ir'* from aome power/>?rtfjwo??rt to fovtmmeitt The only power of this ?ort, mid In troth-, the only power properly belonging to tl?e people at Iniftvktua/i, la the rrvolttfonnri/ fiovter, or the exerctae ot their ^w(i ? ftouVU ?rvtrttfnty. / I have we?er denied to the people tliia right oflgt^t?<ttct1pn; whew arrayed In tar-' ganiaed, majorities end If that which le merely /lotiAle nnd' tm/ientfed, a mere In-' clpete, nnptrfcrtcd right fan be eeld to exiat, and not merely, to have a power of ex-' isteace, I urn. willing to concede to them pa ramonnt sovereignty { for wt\en thU stnpen-i |dou? power la premised for relief, Intheuh tetoof of protection hv the regular *trlbunala,. It certainly Is supreme alike ovea the gov ernment on# the law*.' K the right to nol lify be an appendage of the revolutionary power, (and not of vine power under gov ernment) the people are at least potentially entitled to Its exercise} for ao far na this r.ukrdfiouslbituij extends they m y subvert1 a government ??f their creation ot any mo fpent. Conceding however, for the aak*'cf argument that the right to nullify might fimow the exercise of this i'neon summit cd (tower of revolution, yet until it la becomc complete by aetua\ convention, it would no n>4ie rtcatroy a concurrent power existing In Ute government, than the right which the people unquestionably have to make law, would atop their agenta from tnuuici/ial hgUlatfan An unexecuted right in a per son civil or natural, in a body politic or nn individual, dependant for its existence upon a dlsjtotfvrssloq' ?f * IMf? powtr in another! can alone <;xNt to the prejudice ol the latter, by actual consummation* as incomplete can n^ver supercede complete powera. Be tills aa it may however. It hi'* been conceded that this revolutionary power, " the ultima ratio,'^as gentlemen have styled it, to which I the power cf nullification has been supposed 'appendant, can only he exercised by the fieo/ile in Convent Ion', and I think I am pre | pnrcd to show to the snti?f.tctlnn of the com-' 1 mittee, that a convention a?'tuch, and exer- . vising its appropriate function*, cannot flrc teed to nullify a law. The presumed necessity for the enU of ?? Convention Is not to nhMtl'veus from the ob ligation* of the law, as one ground is that It Imposes no obligation. It is to promulgc to the citizens of the state that rue law is void; ami Instead of absolving them from nn ob-', ligation which has no existence, to Hi-rettilft unrighteous enforcement. Before however | the Convention can pronounce the l*w mill with their countervailing ^unction* Append ed, they muit co vipce theintelvee that tt It *?, arid to this end tltcjr n\v?t test it l>y the only criterion, tiic Constitution of tlie U? nited Htatcs, end Judge of its conformity nr' non-conformity to that standard. The Convention then is cxpectcd to exercisc judicial fionrrf titit in not judicial power a branch of govapftmrntf Cjoveromcntnl powers tine first legislative, second judicial,* ?ml third executive. Is a Convention as Mich, exercising lowers proper to it in that character only, competent to the exercise of fitherol these powers? What it a Conven tion ? A representation of the people a* the elements of eoeiety. Wh?t its province aritl legitimate pur-p'oae? To destroy, innlttitr ??? modify government?deciding judicially U neither deat toying, instituting or modify ing, lmt exercising government, and presup poses that the Convention have first consti tuted thfmselvea a government, and then proceeded te exercise Ha powers. Admit that a Convention may constitute themselvea itie government, and tlienct proceed toex crcise functions of sovereignty, what follows? Aa 1 before mid, thai they 'must have first made themselves the government, before they can proceed to exerclte Ha powers. Then why poll down the state sovereignty, as already subsisting in the state govern ment, when H must be aofcnowledgcd that,* an to the question under delrat^the Convent tion could do no more than fcntatHute them selves 'aa a efteelal government in their stead? Why when vou have general agents whose power and duty it Is, among other ?lung* t;i admlnintrr the contemplated re lief, shMtldyou creatv *p<cial deputies, who tan do no more?' In fine, if expediency does not demand ft substitution of authorities, | ivhut It gained by /lulling dovttt a sover eignty, competent to ait the endt of, govern ment, to put u/t In Ut tread another, no more competent7 | A Convention called to institute gr.v>m mtnt is intended to confer or create the poxo tr of enacting, re/tralltig, expounding and executing Ittws; the exercise of either of these function*, oi.ee created, belongs regu larly to the constituted authorities, ffenco If a Convention proceeds to exercise either of them, it Mbnli?hc* ** pro tsnto," existing; sovereignty, and vests for the time the gov ernment indifTcrent agents If not, thb anom aly trt',|ow*,tltjit, to the extent of Ihe powers [exercised by the Convention, there are two co-rji*ttnt sovereignties, when one would | n?>t only be sufficient, but greatlv preferable. I Now, thW, t?? my the least of it, would ho unnecessary?-For If they should exeiclse. the s'ime powers 'n the same manner, and for the ?iimc purposes, the act of one would tie as good asthe act of both: Imt shonfd they n?T h.?rmot?ire inthe c.^crcisc of their j?o\v ?;*, their acta would V"u?r>.te each other mutually?'Cumulative irgitlation Is at best unprofitable i and conflicting legislation a virtual subversion of gmierumenti for eon finf/d the canons of department, & you suh vrrt the obligation to obcdlrnee. In such a rase of accidents and cross- put poses, w? uid it not seem strangely like the will of the people, reflected tnruttgh both the Legisla< tnre and Convention, was coofi'erhig with itself? In such an event, whicU hi to givt) way? If the constituted authorities are not the sovereignty of the state, then Is the p:?rt\ governing inferior to the patty governed.