Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-06-16

ZONE rlpIlng softly TO the shore
Or rave and roar
AND thunder in their solemn caves
Change rules the world. The Infinite One alone
No change has known
Who trusts in Him need fear no change:
AS man pods through his threescore wears
~ VI smiles and tears
Nought can his heavenly Fathers love estrange,
#.
We are indebted to the New York Ecpress for a ma
per the Right of Secession, lately written bv Chet
Justice CRANcH who has happily so far recovered from
an illness OF six months with occasional though para,
resorations as to be able to his pen He IS lust
upon the evening OF his eighty second year, saws the
correspondent OF the EIpreSs and but for temporary
bodily ntrmities, which may confne him for some
time to his room, he would now be upon the BENCH I
have the manuscript of this brief argument upon an i'm
poftant public question which is causing So much
anxiety here and at the South. Here is the article
which, though not written for publication am sure
will meet with public acceptance"
The Alleged Grievances of South Carolina
BY CHIEF JUSTICE cRANcH
Sincethe elaborate discussions which have been had
both in and out OF Congress, in relation to the COM
that she has only pretended grievance to complain
OF against the United States; and that u.s. that the ba
lance OF political power has changed, and South
Carolina finds herself in minority SO that she can no
longer WELD the power Of the United States 10 the ac-
compshment of her particular views She finds that.
as part OF the United States, she has duties perform
under the Constitution and laws, which she NAV be
compelled to perform while she continues in the Union:
she therefore threatens to Withdraw and claims rqht
to reassume the position she occupied eore she adopt
ed the Constitution of the United States and even he
fore the old articles of Confederation-hat is to be an
independent sovereign State, without control. This she
claims to be, and such to be capable of forming new
associations omestic and foreign for the maintenance
| OF her independence.
| The question then arises, Can she do sol
fine grievance Is that she no longer WELD the
power OF the United States because she in the inor
~. She demands present protection from the acts Of
the majority, and security tor the future. There never
was time when she was perfectly independent SOW.
eregn State. She never had the power form foreign
alliances or to raise and maintain armies and naves
She had no such power under the royal government.
and she had, she transferred it, with all her rights
OF war and peace and her right TO form foreign
cations to the Congress OF the Confederation; but
however that may be- her grievance is, that, according
to the great republican rule and MAXIM without which
there can be no republican government, she is bound
to submit to the will of the majority, constituionay
and lawfully expressed II she repudates that MAXIM
as in practice she proposes 10 do what of govern
ment will il be? Unjust be a minority government;
and what is monarchy or an alistocracy but gov
eminent by MINOR y!
There is no provision in the Constitution by which
South Carolina can repudiae or sbandon the Union
The doctrine OF Repubiicanism is, that the majority
can do no wrong, the in which it is said
IN England that the king do wrong, and for the
same reason; because there can be no legal remedy
|
publ lcansm also supposes that maorIy will exer-
else its power discreety AID for the public good; and
it he minority should be of opinion that it is SO ex
ercised cir remedy is only the ballot box by re-
voiution but revolution only he justified by insuffe-
rabe injuries. Such injuries have yet been inflicted
nor, by the Constitution and laws OF the United States
as construed by the Judiciary they be inflicted by
the Uned States. The complaint is what the lawyers
call quia tinet South Carolina preiends that she
fears that Congress will do what it has the power
toido, and she claims have security for the future
She is not content to wait until Congress shall threaten
to do her some great and nsuerable injury but upon
suggestion only thai as the balance OF political pow
er IN the United States IS changed is about 10 be
changed, The new majority may disregard the Const-
tuition and laws, and trampe upon the rights OF ire
minority. Alarmed at the possibility OF such course
of proceedings, she rushes madIy from the Union
and punges into the abyss of political anarchy with
out reasonable hope OF thereby obtaining relief from
the evils which she anticipates Ina paroxysn Of lear
she throws away her only shield against the tanat-
csm Of the North, which is the most powerful foe
with whom she is conend ng.
For this she has color of right under the Consti-
tuition, nor under the Virginia resolutions OF 1898,
drawn up by Mr.. Madison, the father and advocate Of
the Constitution. The question which drew forth those
resolutions was whether portion OF the people of the
United States less than majority, could decide and
declare for itself an act OF Congress be unsonstu-
tonal and therefore refuse to obey it, and that extent
the resolutions go, and no further They do not say
that by such etusua the Union dissolved or that the
recusuant portion of the United States may therefore
Withdraw from the Union, and abandon the Consttu-
ton, which its friends, and Mr. Madison at the cad of
te, aDored SO hard and struggled so long to obtain
AT that time no one for moment entertained the
thought that every State, she found herself
in minority at The balO,box, had wright to with
draw from the Union. The remedy tor the passing of an
unconstitutional act OF Congress is by those resolutions
supposed to be the right TO refuse it. the right
of notification only, not the dsolu ion of The Uncn
and even this right OF notification does not arise
cording to the terms OF the resolution but in the case
OF "a deliberate, papable and dangerous breach OF The
Constitution, by The exercise powers not granted to it,
1t must be case not OF light and transient nature,
but OF nature dangerous 10 the great purposes for
Tor which the Constitution was established" ut must
be case, moreover not obscure or doubtful in lis
'struction but plain and papdbe. Lastly, it must be-
"a not resulting from partial consideration or
'hasy determination, but stamped with final
consideration and deliberate adherence"
These are stated in the resolutions, themselves (of
I799 not as Unsuitable grounds OF dissolution of the
tutona act; resistance not Incompatible with the ex
lsience and Integrity Of the Constitution. No such Gaze
however, has yet occurred, and by no means certain
that ever will 1t the fanatics of the Moth
pass law aboshing slavery in the United States, there
be no doubt thai it would be petoed by the Pres:
dent, who is bound by the Consti Cart q sec 81
and his oath TO take that the laws be faithfully
execued; and there Is no probability that such an
constitutional law can be supported by twothirds of
both Houses OF Congress, by the Supreme Court of
The United States South Carolina therefore, has no
reasonable ground 10 apprehend the evils and injuries
which she 10 fear, much less make her fears
ground of complaint against the United States where
the Constitution and laws ofthe United States are the
only barrier against the horde of fanatics who are seek
ing to overrun the country.
that Madness therefore, is it to surrender Il AT bar
rer, in the hope OF forming new government strong
enough put down these fanatics, control the slaves,
compete wi h the Government which will remain as the
Government ofthe United States, and maintain its own
responsibility as of the nations oflhe earth,
A dissolution of the Union can give South Carolina