The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1851-07-02
The Alleged Grievances Of South caI
cltna.
BY CHIEF JUSTICE cRANcH.


been had, both 10 snd out C'ngres-, 10 'ri-.
ton to The complaints of Scu'h taiIlii.r. Il
has become mSn,i, 81 that ,he has tDls p,.-
tended grievances TO complain e ngsloe, the
Unred States I; and ha, is, thai the basses
OF political power hiss changed sId 3 n'h
Carolins fiucs her.ef IN the minority, 90 h;
she can no longer weld the power ot,tr Y ~.
ted Safes to the accomphshment OF bar fs.
urular ve~s. She finds that 50 psTi ui -
Unred Sts,es. she has duties 10 perfcfa, ".
de, .hs Consluutron ard Lave. WHICH shs
may be- courrllrd TO refioEtn While she ear
riuues III The Unon. She therefore thiestfna
to ~utd'ss ard claius right TO rcessume
The poslnon shr oecD p.eG before she adopted the
Constitution OF the United SIOtee, snt even
before the Cd ees Ul Coufedei s,iOu that
Is, to be an lndepe udeut sovereign States wuh
out control Tins she claims to be sno %
such, to be capable of forming new sssocia.
tons, domestic and foreign. for the :paiu,eu.
ance Of her Independence. The question then
arlses. Can she do 20
The grievance Is that she can 20 ersei
weld he poWer 1i the United States because
he is ~ the m'pottn. Size demand. present
protection from the acts # the niaJoruy, ana
security iOi tie tusule. There never was a
',u,e when she vos perfectly independent
sovereign Safe. She pI,er had The poser
TO form foreign alliances or 10 Ialse end main
tain armies aud ou,i,s. She had 90 such
power under the RyaI Government; spd i
she had, she transferred II, sih ali her ,ighls
of war and peace, aud her right 10 fotu iot
elgn associations 10 he Congress Of ihe Coz.
Federation; bJ'. however thh, may be, her
grievance is, TINT according 10 the great re,
publican rule eod MAXIM, without which lhefs
can be 10 repUbhCah Government, she ls
bound 10 submit 10 the will Of The maj1rily,
cunsutuucnaIiy and lawfully expressed. II
she fepudIs'es The maxim, as in practice she
proposes 10 DO, "ha eou ol Government will u
be Ii mus, be minority Government. hnd
~ha. Is monarchy or an nrlstOCracy bu, .
Governmen, = d minority
There is no provision n the Constitution
by which South Carolina can repuois,e or o.
hondon lht Uron he doctrine OF Rspub.
licanlsm =, har The ma luty can do no wrong,
~ he sane sense IN which II is ssid 10 Eng
land tha The King can do no wrong, end
Tor he sane trasoD because there can BE-
no lesul femedy. The ultimate sovereign.
y RS des IN the mfjmiy. Republicanlsln
hlso suppo,es that The ajor,ty will saetti.e
II. power d,scr ely, aud tor the public good
aud, Il the nuorIy should be OF opinion TINT
II ls not So exercised, IhelT remedy is only at
,he ballot box or BY revolution. Bu. resoIu
uon can ons be Justified by InsufIernbis irlu
RES. Such injuries have not ye, been iIfllct.
ed nor, 5N he Constitution and Laws Of the
Unaed States, as construed by the Judciary,
can hey be / hcted by the Uuited States
The cen pln,n IS ~hat he lawyers call qua
'imet. South Carolina pfeteuds ths. shs feGrs
tha' Con- tess vii do what i, has not The pow.
er tc do, and she CLAIMS 10 have security fer
'he iuhurs. She is not content TO welt untl
Congress shalt II eaten to do her some gree,
and 'nsDfy abe rjury, but upon a suggestion
nuls that as the balance Of political power in
'he United a,es is changed, or Is sbou, to
be changed the now majority may disregard
the Constitution and Laws, and trsmple upon
tie rights ot the minority. Alarmed at thu
possibility Of such course of proceedings.
she nov rushes medly from the Union, ard
plunges INTO ne sbs IS Of political anarchy,
without reasonable hope thereby Of obtain
'ne rehst from the evils she anticipates. In
a parosysm Of fear she throws awoy her only
shleld aesirs, the iaratacsm Of The North,
which is he most powerful foe with whom
she s coott ndlng.
For his she has no color Of right under The
Constitution, nor under the Virginia resou.
uous Of 1898. drawn up by MIR. Madison, the
father and advocate OF the Conslluion.--
I The qJestion which drew forth those resou.
tons, nas whether portion of the people OF
the Unned States less Than a majority could
decide sud declare Tor itself an act Of Con.
gTess TO be unconsltuilonal and thereby refuse
to obey II aCd to that extent the resolutions
20, nnd no further. They do no, say that by
such refusal the Union is dlssoIves, or tha,
the tecussrt portion OF the Unried States may
therefore withdraw from the Union snd aban,
don the Constitution, which It's friends. aod
MIR. Madison al the head Of them, labored so
hard and struggled SO long 10 obtain. At ihst
time 10 one for a moment entertained the
lhough that every Stale, ss soon 90 she found
herself III minority a, the ballo, box, bad
right 10 withdraw from the Union. The
remedy for the passing Of on uaconstituiisnsl
act oi Congress ls, by those resolutions, sup.
posed 10 be The right 10 refuse 10 execute it,
The right of notification emily, aot the dissoin.
,ion Of the Uolon +; aad even this righ, of nu.
ltfcstlon does uot arise, according TO the
terms Of the resolution, but 10 case Of I" a de.
/" llberare palpsbe, aud dangerous. breach Of
g The Consiution, by the exercise Of powers
" not granted 10 II. |, mus, be case not OF
|" lteht and transient nature, but Of nature
" dangerous TO the great purposes for which
" the Constitution was established." alt
. must be case. moreover, not obscure or
" doubtful, IN its construction, but PLATO
:" sud pulpabie. Lastly, it mus, be q case
g. mt Je fran s,0etcoI