Southern banner. (Athens, Ga.) 1832-1872, August 31, 1832, Image 1

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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, is PUBLISHED IN THE TOWN'OFATHpNS, CEOBGIS,, EVERT FIUDAP, J|Y ALBON CHASE. Three dollars per year, payable in advance, i, r four dollars if delayed to the end pl'Uie year”. The Walter amount will he riu[dly exacted of all who fail to ineet their payments in advaned. . No subscription received for leas than one year, un less the mmtey id paid in advance; and no paper will ho discontinued until all arrearages are paid, except at the option of the publisher, defailure on the part of subscribers to notify us of their intention of relinquish- m eot, accompanied with the amount due, will be con sidered ns equivalent to a new engagement, ami pa nel. sent accordingly. ^Aosr.a /ISBMKVTS will be inserted at the usual rates. ..--p\|| Letters to the Editor on matters connected With the establishment, must be post paid in order to secure attention. Notice of the sale of Land and Nceroeaby Ad ministrators, Executors, or Guardians, must he publish ed rlrlj toys previous tothe day of sale. The.alo of Personal Property, in "dhc manner, must bo published My days previous to tire day of sale. Notice to debtors and creditor’s of a.) estate must be ''"Notice ihat^Application will bo made to the Court of Ordinary for Leave to sell Land or Negroes, rnuat be publishird/.ur months. , - . , Notice that Application will bo made Tor Letters or Administration, must bo published thirty days, and fur 'Letters of Dismission, sir months. 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 by I wo students, Use of the library and public rooms ■, Fees- ifjtns Professor bo attended, 650 - if two, . each $30—if more than two, each $25, 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. issued in quarto forhi, every alternate Tuesday, on o fine medium sheet, with a fair type, at $2,(!0 per an- numin advance, or 83,00 alter the expiration of the ytar. 'Holder* of subscription paper* aro requested to re turn them as early as the Hist of October next, shortly 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, Ao be able to give full satisfaclinn to all who may la yor them with their orders. The introduction of niaehi.iery,iii the place of the te dious and unhealthy process of casting type by hand, long & desideratum by the European and American Founders, was, hy American ingenuity, and a henry ex 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 ried in by the parties before named, under tho firm n 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. ... WHITE, HAGAR, & Co. are agents for the salo ■the Smith and Rust Printing Prases, which they can -furniah to their customers at Ilia inanufaclorers’ prices- Chases, Cases, Composing Sticks, Ink, and i vary arti- xle used in the Printing Business, kept on sale, and fur nished on short notice. Old Typo taken in exchange -for new at 9 cent* par pound. 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: TO TANNERS# A W experienced TANNER of sober and steady habits, may meet with encouragement by apply ing to me. Letters directed to J» ffcisnn, Jackson county, postage paid, will meet with prompt attention. W. D. MARTIN. Jefferson, August *24 - 91—It. ONE CENT REWARD. 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 will pay .no debts of h|s contracting, and the utmost 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