Columbia telescope. (Columbia, S.C.) 1819-1821, February 06, 1829, Image 1
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.