th the due acknowledgment of its difficulty. The remedy, of course,
is Nullification; but he is far from using a word so familiar. There
is but one mode, he remarks, by which the majority of the whole people
can be prevented from oppressing the minority, or portions of the
minority, and that is this:
"By taking the sense of each interest or portion of the
community, which may be unequally and injuriously affected
by the action of the government, separately, through its own
majority, or in some other way by which its voice can be
expressed; and to require the consent of each interest,
either to put or to keep the government in motion."
And this can only be done by such an "organism" as will "give to each
division or interest either a concurrent voice in making and executing
the laws or _a veto on their execution_."
This is perfectly intelligible when read by the light of the history
of 1833. But no human being unacquainted with that history could
gather Mr. Calhoun's meaning. Our studious foreigner would suppose by
the word "interest," that the author meant the manufacturing interest,
the commercial and agricultural interests, and that each of these
should have its little congress concurring in or vetoing the acts of
the Congress sitting at Washington. _We_, however, know that Mr.
Calhoun meant that South Carolina should have the power to nullify
acts of Congress and give law to the Union. He does not tell us how
South Carolina's tyrant Majority is to be kept within bounds; but only
how that majority is to control the majority of the whole country. He
has driven his problem into a corner, and there he leaves it.
Having thus arrived at the conclusion, that a law, to be binding on
all "interests," i.e. on all the States of the Union, must be
concurred in by all, he proceeds to answer the obvious objection, that
"interests" so antagonistic could never be brought to unanimous
agreement. He thinks this would present no difficulty, and adduces
some instances of unanimity to illustrate his point.
First, trial by jury. Here are twelve men, of different character and
calibre, shut up in a room to agree upon a verdict, in a cause upon
which able men have argued upon opposite sides. How unlikely that they
should be able to agree unanimously! Yet they generally do, and that
speedily. Why is this? Because, answers Mr. Calhoun, they go into
their room knowing that nothing short of unanimity will
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