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“The lli'inml of a free, is preferable to the torpor, of a despotic,, government.” .
ATHENS, GEORGIA, AUGUST 31, 1832.
NO. 24.
The Southern Banner,
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University of Virginia.
SH2HE next Session will begin on the.JOlli beptem-
B her, and end on the 20th July. following.
The expenaea of the whole Annual Session are as
follows: ^
Bowl, washing, lodging and attendance,
.Ael'and candles, at cost and 5 per cent, corn-
. mission; consisted at
Rent of a Dormitory 816—for half, if occupiod
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8100
20
JFor the publication of a Literary und Miytel-
laiuous Journal in .ithens, Geo.
to be entitled the
SEMI-MONT BELY 1 MIAOAagWB. ,
BY JAMES A. WRIGHT.
UN issuing proposals for t ic publication of u poriodi-
1 cal like the one contemplated,.the Editor is aware
of (ho difficulty which must attend it,, but having been
long convinced tlidt the entire absenco of inch works
in the South, and particularly in our unit State, arises
moro from a want of literary energy than lllarary re
sources and capabilities; he has consented with the
advice of a few intelligent friends, to issnu this pros-
pectus.
It is considered entirely useless to enter into a parti
cular course of reasoning, to demonstrate to the pub
lic that a paper devoted to literary and miscellaneous
intelligence, published in this Slate, will not at least bo
of as much utility as other works of lliesamo order,
published in distant parts of tlto Union. It must, how-
ever, be obvious to every reflecting individual, that the
most strict and general reliance (with few exceptions)
an each and all our native resources as a people, in un-
Bswcring lUosc demands unavoidably unsinn Iroin the
social compact, must ever rc3ull in tfcneral as well ng
spcci.il ben. Ills. IVhy is it ihal our •• sister states” of
the North, nnd to aoinu extent the West a'so, have gone
so much farther in the developement of genius thou
ourselves? This question .can i l"l be solved without
tat in— into the account the fact, that there there are
mediums thro* which the effusions ofgcnius can with
out difficulty or delay meet the public eye, and receive
ils aprubatinn, wbilo hero no such outlet exists. If an
individual in our own State should feel n desire to com
pile and arrange a fow* incidents which accident had
thrown in his way, well calculated “ to point a morul
or adorn a tale, 1 ’ he haseillter to-pay Its postage ton
distant state, or perchance see it gadding to the cabi
net of u statesman in the polumns ol some political
newspaper. This reflection will atonco produce ihe
conviction in the mind nl’nvcry thinking individual, that
tho establishment hf a lilersry nnd miscellaneous pen-
odical in this state, will bo yvel! calculatedI to call lorth
the productions of individuals possessed ofgenius the
mere scintillations of which, have heretofore been con
fined to the immediate community in which they reside.
The general circulation of a periodical containing
amusing and instructing information, will be of greal
utility in numerous other resp. cts; it will create a
taste for miscellaneous reading, which 'when satisfied
to some extent, will induce ihe individual to turn to
something of a more (olid and useful nature; and when
conducted cautiously with a view to its-moral influ
ence, may be made to produce a .disposition (particu
larly m juvenile minds) inimical te Vice and corrcspun-
dingly attached to virtue. ....
The M agazine will be made up of Tales, original and
(electee, (but all of very recent appearanco) of a moral
and instructing nulure. Original and selected pieces
on various subjects of general interest, both in prose
and verse. Extracts from the papers and periodicals
of the day* No pains will he spared to render it useful
and instructing to its patrons.
TERMS.
!U»THE SEMI-MONTHLY MAGAZINE will lw.
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'Holder* of subscription paper* aro requested to re
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after which, if the list will warrant it, the publication
will be commenced.
■ Athens, July 9-1,1882.
73
Total, exclusive of clothes, books, and pocket
money, 8218
The Faculty is composed of the following Professors:
1. Of -Indent Languages, Dr. Gesner Harrison. •
2. Modem lautguages, Dr. Geo. Blffltterniaiin—Tu
tor, ,\lr. Merve.
3. Malhehnalics, Charles Bnonycastle, Esq.
4. Natural Philosophy. I)r It. M. Patterson.
5. Chemistry and Materia Medic a, Dr. John P. Em
met. '
6. Medicine, Dr. Robley Dunplisnn.
7. Jlnatomy and Surgery, l)r. Tit imos Johnson.
8. Moral Philosophy, George Tucker, Esq.
9. Law, John A. G. Davis, Esq.
There are also separate teachers of Elocution, Music,
and Fencing, who are permitted by tho Faculty to give
insti uelions in these ornamental branches of Educa
tion.
The offices of Proctor and Patron of the Students, are
now united, and have been confetrcd on Wm. U. Pen-
dleb-ii, Esq.
Profcsor Tucker has been appointed Chairman of the
Faculty for the ensuing session.
The attention uf Parents und Guardians is particular
ly requested to the following piovisions in the Enact
ments :
No Student can be admitted under sixteen years of
age, except where he has a brother in the University
aver sixteen.
Every Student must, befere matriculation, deposit
with the Patron all the money, drafts, kc. in his posses
sinn; and ihe amount must beat least sufficient to pay
his fees, rents, &c. and three munths’ board. All funds
subsequently received by him must also bo deposited
with Ihe Patron, who has charge of his diaburseiuents.
He is required to wear, on all occasions when out of
hit dormitory, a uniform dress, particularly described in
the enattiiieiits, which is al once clienp and becoming,
and which may be procured on moderato terns in Char
lottesville.
The student may select the Professors lie means to
trend; hut if he is under tn-entj-uue, ho must atiend
a! least thru of the.unc sclio Is, unless, when In- inalri-
ulates. his guardian prescribe in writing the schools
he is to att- nil, or unless tho Faculty, for good cause
shewn, allow him to attend a less number.
On 'proving his proficiency, the Student may obtain
a diploma ill one or more of (lie several schools. The
graduatein the school of Ancient languages, Mathema
tics, Natural Philosophy, Chemistry and Mor-I Philo
sophy is entitled to tho degree of Master of diets.
GEORGE TUCKER,
Chairman of the Faculty.
MEDICAL DEPARTMENT.
Tho Lectures will commence wit|i the session on the
10th September, and be regularly continued till the
2Uih July following—a course more than Iwico as long
as at any Medical College in Ihe Union.
The arrangement of subjects is as follows:
Physiology, Pathology, and Medical Jurisprudence,
Roblbt Dunolison, M. I).
Chemistry. Materia Medico and Pharmacy, John P.
Emmet, M. D, *
Jlnatony and Surgery, with Dissections, Thomas John
son, M. I).
Dr. Dnnglison will a sn deliver a course of Lectures
on Ihe Philosophy of Natural Ifiltoiy.
The Anutoinicul Museum is already in n condition to
elucidate the Lectures on Anatomy and Physiology,
and is daily receiving additions. The surgical appara
tus is believed tube equal to any in the Union, dll Ihe
other facilities iur the study uf Anatomy tire also pus-
sensed here as amply as in any other Medical College.
A courso of Lectures in the Medical Department
here, is eonsidered in Ihe University of Pennsylvania
as equivalent to a course in that institution.
August 24—23—31.
% WRITE and WB- HAtiAB
R espectfully inform, the printer* nf the u.
States, to whom they have long been individu
ally known as established Letter Founders, that they
have now formed* co-partnership in said business, and
-hope from their united skill, and extensive experience,
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The introduction of niaehi.iery,iii the place of the te
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penditure of time and money on the pan of our senior
partner, firat successfully accomplished F.xtentivi
use of tho machine cast letter, has fully tested and cs
tablished ita superiority in every particular, over Dial
cast by the old procea*. . '■
The Letter Foundry business will hereafter be car
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WHITE, HAGAR, fie Co. Their specimen exhibits
a complete series from Diamond tq 14 lines Pica. The
book and new*, type being in the moat modern light
and style. ...
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E. WHITE,
. WM. HAGAR.
New York, August Id—21—8l
Tq Stage Proprietors*
W AY-BILLS constantly on hand and for
aalo at ihe Office of the South. Bauncr.
IJoUtiCvTl.
if
1 fri:
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W. D. MARTIN.
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R ANAWAY from the subscriber on the 29lh ult.
an indented apprentice, named JOHN LITTLE,
aged about 17 years. - All patrons are forbid harbor
ing nr trustinn said apprentice on my account, aa I
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penalty of the law will be inAicted on any one who
shall be found harboring him.
WILLIAM VERONEB.
Athena, August 17—22- 4t.
WANTED,
A S an apprentice lo the Tin Manufacturing business,
an intelligent young man, from 14 lo 16 yeara of
age; to serve not Iota than four years. The beat re-
commendatinna as to honest v, industry anil sobriety
will he required, WILLIAM VF.RONEF.. '
Athens, August 17—22—41.
WANTED
A S apprentices to tlia Tmloriug'Business, two inlet-
Cm ligent boys, between the ages of 14 and 16 veers.
None need apply but those who can coma well recom
mended for industry and sobriety,
A. BRYDIE.
Athens, August 10—21—4t.
LAND LOTTERY.
r l’ON enquiry, wa understand the returns of the
Surveyors will be completed in about two weeks,
and as the Commissioners aro now convened al this
place, making arrangement* fur the drawing, »e have
determined to print the list of fortunate drawers aa
heretofore, which will be senl in sheets weekly, or in
kny other way directed, to such as may beenma sub
scriber*. Aa the drawing will occupy double the rpoci
which it lias done hitherto, the least price to subset,
bets will be $j in advance. All letters on Hie subject
addressed to ihe Recorder Ofli. e, will he promptly at
tended to. GRIEVE £c OUME.
'MONEY TO LOAN.
(CftVERAL HUNDRED DOLLARS may be obtain-
CT *d on loan, by application at tbia Office.
Aug. 17.——if.
(f ^ Wc* nre mitliorive.l to an
nounce SAMUEL UILLHOUSF., aa a candidate for
Tax Collector for the county of Util, al tb* next elec
tion.
August ID—21—w3m.
From the Augusta Constitutionalist.
THE DOCTRINE OF NULLIFICA
TION EXAMINED.
The maintenance of cnnstitiitiunul freedom,
is the first interest of civil society, ami a jeal
ous vigilance over those who ure eiitnsied
wills (minority, one nf the highest duties nftlie
ilizen. In such a cause, even some exces
ses of zeal are not witliAul apo.ngy. But it
occasionally happens, that those who nre en
gaged in repelling tho encroachments of pow
er, themselves advance exorbitant prcfeiH
ions, which endanger social order, mid bring
isrredil dll the very cause of liOeriy itself,—
To analyze and expose such pre-tens ions,
tjieralure, becomes also a duty, of no incotisi-
dcrnhle importance.
The Federal Constitution is u compact, hy
which the thirteen Sovereign states iliul adop
ted it, renounced a certain portion of their
powers; and also delegated a certain purl ion,
lo be jointly held hy all the parties, under the
form ufa general government. Tile additional
members of the confederacy, which now em
braces twenty-four states, ure all on (he same
political fooling with the original thirteen.—
According to this constitution, Ihe legislative
power is. exercised by majorities of belli hou
ses of Congress, with the concurrence of the
President, or by two thirds of both houses,
without his concurrence. The Supreme Court
of the United Stules is tho ultimate depositary
of the judicial power of the General Govern,
meat: and when Ihe question is duly brought
befere that tribunal, it has a right to decide,
whether an act of Congress is constitutional
or not. Siu-h is a brief summitry of our legis
lative sysiem, in its regular course But it is
contended, that an extraordinary case has oc
curred— that ihe majority, abusing ihe udvan-
lage of numbers, has enacted an miconsiilu-
linnal law, oppressive lo tho minority—that
the judicial department promises no uih-qiiiint
redress—nnd that some corrective, mure effi
cacious, must consequently he employed.—
The remedy which has been hilherlo most
zealously recommended, is Hint denominated
Nullification, the merits of which, ii is our
present purpose to examine. The following,
we believe, are sobsluniiitlly the doctrines
comprehended under that term. “ In nil ca
ses of compact among parties having no com
mon judge, each pnrty has an equal right to
judge lor itself, as well of infractions, as of
(he mode and measure of redress. The_ Fe
deral Constitution is a case of such a compact.
When a slate considers an act uf Congress
unconstitutional, it has a right to nullify that
act, within its own limits. The other stales
have nu right to enforce the nullified act with
in those limits. A general convention of
slates must be culled for the purpose nf propo
sing amendments to the constitution, and
thereby testing the question of constitutionali
ty. The states in favor of tho nullified act,
must propose an amendment, conferring on
Congress the power lo pass such a law. That
power is to be regarded as having never been
delegated, unless three-fourths of the stutes,
in separate conventions, nr in their respective
leg'slatures, ratify the amendment so propo
sed.”
If wc designed to exhibit our own precise
theory, in relation to the subject in dispute, it
would he necessary to urge several very im
portant qualifications, even of the two first of
these propositions; but as our object is simply
what hns been stated—to examine the merits
of nullification, we shall admit for the suko of
argument, that “ in all cases of compact,
tnong parties' having no common judge, each
parly has an equal right to judge for iiself, ns
well of infractions, as of the inode and mea
sure of redress,” und that “the Federal Con
stitution is a case of such n compact.” We
shall also in the same manner, admit the third
proposition, concerning the right to nullify,
With such explanations however of the term
right, ns will presently appear. All the re
maining propositions we totally deny.
Let ns endeavour in the first place to ascer
tain, what will he the slute of ihmgs produced,
by the exercise of this equal right of iutr-rpre-
talioh, which lias been admitted. Parties en
joying equal rights to interpret a contiaci, mat
have Ihe perfect right to n speculative inter
pretation—that is, to an opinion concerning
its import; because two or inure persons may
entertain different opinions without any ne
cessary interference. But the right referred
to in this dtsrussiun, is obviously ihn right of
practical interpretation, the right of the parties,
to give an effect to the contract, conformable
to their respective opinions of ils meaning.'—
The right of none therefore cun bo perfect,
stnre the right of each is qualified by the right
of every other.' For, if any one had a perfect
right, of practical interpretation—that of giv
ing etfect to his own opinion; the rights of all
the others must yield In it; and all those
others so far from enjoying equal rights,
would practically possess no right at all. For
example—two persons placed in a situation
where they can have uo common judge, agree
lo build a house jointly, on a specified plan.
During the progress uf the work, they differ in
their explanation of the original design. Each
has a perfect right to considerhis own expla-
nutioii Ibe true one; but neither can have the
perfect right to execute the work, according to
his own judgment; since, if such were the
cose, the other who in theory baa an equal
right, would in practicp have none at all. As
a house cannot he built lit two ways at the
same time, their practical rights unavoidably
conflict; and each in. maintaining his own,
inns' necessarily oppose that of the other. Un
less, tlnTofore, one voluniurilv yields, or therfe
is a compromise, force alone can decide ho-
tween them. In similur circumstances, the
result would bo the same,'•if the contract con
sisted of reciprocal promises. Each parly
would Imva h right lo interpret (he whole con-
iraet—not only the promise made bv himself,
Iiiii the .promise made by the oilier. If in a
wilderness, where no civil law exists, it is
stipulated 0lg«<!en A and D that lit n cnrluin
time, A shall deliver to B a number of furs,
mid on a subsequent dav, receive in exchonge
it number of bushels of grain, should a dispute
ultimately rise, concerning Ihe quantity of
gram which was to be delivered, not only B
would have a right lo judge how much had
been promised by him; but A likewise would
have an equal right to judge how much had
been promised lo him. B would Itnve a right
to withhold any excess, which he thought was
unjustly demanded, and A lo seize what ho
thought was unjustly withheld. If (hero were
no compromise, (he strongest must necessurily
prevail.
Foreign nations hnving no common judge,
are on tree same fooling with individuals in a
state of nature ; and n dispute between them
concerning ihe interpretation of a contract or
treaty, would be governed by Ihe same princi
ples, and intended hy the same consequences.
Suppose al the end of a war between the U-
Stutea and Great Britain, that the Ametican
post Niagara should ho in possession of the
British, and the Canadian post of Malden, in
possession of the AmerictitiB. Suppose that
Hie Americans, understanding by the trenty of
peace, that die posts were lo be mutually re
stored, shiitiltj deliver Malden In its funner
musters. If the British asserted, llint, accor
ding tr, their interpretation o) the treaty, they
were not bound to restore Niagara, and should
finally refuse lo evacuate that post ; would Ihe
Americans Bcqttiosce 1 Assuredly not, They
would claim ihe right of intnrpreting both
sides of the Treaty—of judging how much they
iin.hl tu tegain, ns well us how much they
might lo restore; and if Niagara were not
surrendered, they would, either hy a direct at
tack or some other means, very speedily re
commence hostilities.
Thus Iur it is apparent, that a full exercise
of Ihe right of ouch parly to judge fur itself,
results m neither more nor less, than a deci
sion by, form. Let us sec, wlmther the exor
cise ol an nqiinl right of interpretation, among
all Ihe purlins to the fedurul compact would
ant tend to a similar issue. Evnry slate on
entering the union, delegated u porliun of ils
original sovereign power, and, thereby, sub
jected itself lo the legislation of lbs General
Government,,to the extent of the power co
ded. But this delegation was not mudn with
out an equivalent. The state, nt the snme
time, acquired a share nf iho legislative power
of the General Government, i. e. shtt acquired
the right in conjunction with hor confederates,
to onaci laws operating on all the other slates,
to the very same extent, that she had conce
ded Ihe right to enact laws operating on her-
self. This was the consideration, tho quid
pro quo, the very essence of thn bargain. To
exercise over u slate any power which sho did
not delegate, is a violation of the compnct to
resist a delegated power of the General Go
vernment, which she lips exercised conjointly
with others, by act of Congress, is equally it
violation of tho compact. She is ns much
wronged, when her just power of legislating
over oiltors is obstructed, ns when the unjust
power of legislating over herself is usurped.
Sim possesses nn equal right In judge, wheth
er she has suffered tliooke wrong hr ihn other
—or m different words, if a state in Ihe minor
ity hits e right to judge, that an ant of Congress
is not constitutional; a state in the Majority
has an equal right to judge (lint it is constitu
tional. Since both parlies, according-to Iho
fimdumentul principle Assumod, would possess
ulso an 'equal right to judge of " the mode
and measure of redressthe one might se
lect its own means of resisting, the other its
own means of enforcing n law whose constitu
tionality wus disputed. Parties in this posi
tion, are evidently arrayed against each other,
with the unqua ified license nf mutual hostili
ty. If both parties have free choice of “ the
mode und measure of rcdress,”stulcs in tho mi
nority, without doubt,may nullify the law whose
constitutionality they deny; nnd us clenrly
states in the majority, may endeavor to en ;
force it, by what ever means ora considered
most expedient. If neither party recedes,
Bud gentle measures are ineffectual, the next
resort will be to those which are violent, end
civil war is the inevitable result.
The uullifiers indeed contend, that if a' law
were nullified, a presumption would he created
against its constitutionality ; and tlmt Ihe ma
jority would be hound, if it did not yield by re
pealing it, to call a convention of states, and
solicit a formal grant of the power to phss such
a law, in order that tho question might be tes
ted. The notion is utteily unfounded. In
the first place, if tbe majority cf states be
lieves a law to be constitutional, and persists
m maintaining it to be »n; the contrary opin
ion of the minority cannot dreate a presump
tion of its unconstitutionality; unless we
adept the very extraordinary supposition, that
h smaller qumb'et is mure likely to be right
than a greater. In Iho second place, the act
of‘nullification itself is justified only on the
ground ffiat all the parties have an equal right
to luterpPot the Federul Compact, and lo se-
loet their own mode nnd measure of redress,
when they believe that a violation of it has oc
curred. The right of the parties must be the
name, whether ihn violation is supposed to
consist, in exercising a power which has not
been conferred, or in resisting one winch has
actually been delegated. An attempt there
fore Ivy the minority nf states, to preserdte any
particular mode nf proceeding tothe majority,
would be xvtiolly absurd—it would be dicta
ting the mode tnd measure nf radiess to their
opponents, who possess by their own acknowl
edgement, the full privilege or choosing for
themselves. The very first principles of nul
lification would justify the majority, in Ihe im
mediate employment of such means, as worn
demited most conducive to the accomplish
ment uf their purpose.
But Id us suppose that the majority, sus
pending all the measures of coercion, should
gratuitously consent lo call n convention, for
proposing amendments to the constitution;
and that tho parlies wore accordingly assent*
bled. The nullifinrs would suy to the majori
ty, “ We deny that Congress possesses the
power which it has assumed, in passing Ihe
nullified act—Propose to the states an amend
ment granting that power, and we shall see,
whether Congress is to acquire it or not.”—
To this the majority would of course reply :
“ We assert llint Congress does possess the
power which it hns exercised in pussing the
nullified act. Propose to the stales aft
amendment taking nway that power, nnd we
shall see, wholhur Congress is to lost it or
nor.” Wliut then would have been gained?
The votes nf n majority of the Convention,
must miressurily constitute tho ads of that
body ; and nn mnendmnnt which it rejected,
could lie submitted to the stutes for udoplton.
The parlies would end where they began.—
Bui it may be argued, that although the ma
jority would possess it formal right, to reject
the proposition of tho nullifinrs; the latter
would have equitable conaidernliuns to urge,
which ought to ensure its adoption. Let us
hear them. They would say—“ Tho moulting
of the parties is tho spirit of a compact.—
When we ratified tho Consiilotion, we believed
that it did not confer on Congress the power
in question. If the nullified Inw ran be en
forced, we live under a government exercising
a power which we did not delegate, or suppose
other# to delegate: it is not the government
which we designed. Ifynit propose the amend
ment suggested hy us, und it is ratified by
three-fourths of the states, Congress would m»*
deniable) possess the power. But if you reject
our proposition, Iho result must bo, that n mere
majority may nssume fur Congress, a power
which constitutionally can be conferred' only
by threejourths of the Slates.” These argu
ments, plausible perhaps nt a first view, labour
under this material objection ; that they nre
not only quite as good, hut even considerably
better, on the opposite side. For the major
ity without hesitation could reply—“ Yes, we
agree with you, that Ihe meaning of tho par
ties is the spirit nf a compart. But when we
ratified the Constitution, we believed that it
did confer on Congress, the power in
question. If the nullifiud law cun not be en
forced, we live, under a government deprived
of a power, which we did delegate, ami under
stood all others to delegate ; it is not the Gov
ernment which we designed. If you propdso
the amendment suggested hy ns, and it is rati
fied hy three fourths of 'he Slates, Congress
will be undeniably divested of the power. Bill
if we accede tu your proposition, the result
must he that a minority barely exceeding one
fourth, may deprive Congress of n power,
which can constitutionally tie taken away, on
ly hy three fourths of the States.” A satis
factory teply to this answer, would, we appre
hend, he somewhat diffi 'oil. In truth, Ihe
theqry of nullification pressed to it. ultiniato
consequences, would aitiount to this—ths\
three fourths of the s'uie, are necessary lo con
fer a power in Congress, while any number
beyond one lourth, may take it away. Wheth
er such a system would he expedient, we shall
not at present enquire—1most certainly it is not
that of the Federal Constitution. In the arti
cle v.htlivo In amendments, the word power
doe- t.oi occur—it declares that “ amend
ments” shall be valid,” “ when ratified by
the legislatures of three fourths of the sever
al states, or hy conventions in three fourths
thereof.” Retrenching u power nf Congress,
is ns much nn amendment as conferring b pow
er ; and therefore to tic valid, must require the
same number of votes. When a convention
is called, to propose amendments relative to a
power claimed by tho majority, and denied by
the minority,it is evident that the final decision
must depend altogether nn the form in which
tho amendment is submitted to Ihe states. If
the amendment proposes to give the power,
the power will be lost, because a small minor
ity is si.ffi -inn! lo reject it; and for the same
reason, the power fill be sanctioned,if the
amendment proposes to take it nway. The
form ol the amendment then being absolutely
decisive, and each patty having an equal right
to support ita own construction; it ia the
height of extravagance to expect, that a ma
jority maintaining the constitutionality of the
power, would ugreo to iogur certain defeat, by
