Presidents -- United States -- Messages; United States -- Politics and government -- Sources
It appears from the proceedings of that body that on the 31st May, 1787,
the clause "authorizing an exertion of the force of the whole against a
delinquent State" came up for consideration. Mr. Madison opposed it in a
brief but powerful speech, from which I shall extract but a single
sentence. He observed:
The use of force against a State would look more like a declaration of war
than an infliction of punishment, and would probably be considered by the
party attacked as a dissolution of all previous compacts by which it might
be bound.
Upon his motion the clause was unanimously postponed, and was never, I
believe, again presented. Soon afterwards, on the 8th June, 1787, when
incidentally adverting to the subject, he said: "Any government for the
United States formed on the supposed practicability of using force against
the unconstitutional proceedings of the States would prove as visionary and
fallacious as the government of Congress," evidently meaning the then
existing Congress of the old Confederation.
Without descending to particulars, it may be safely asserted that the power
to make war against a State is at variance with the whole spirit and intent
of the Constitution. Suppose such a war should result in the conquest of a
State; how are we to govern it afterwards? Shall we hold it as a province
and govern it by despotic power? In the nature of things, we could not by
physical force control the will of the people and compel them to elect
Senators and Representatives to Congress and to perform all the other
duties depending upon their own volition and required from the free
citizens of a free State as a constituent member of the Confederacy.
But if we possessed this power, would it be wise to exercise it under
existing circumstances? The object would doubtless be to preserve the
Union. War would not only present the most effectual means of destroying
it, but would vanish all hope of its peaceable reconstruction. Besides, in
the fraternal conflict a vast amount of blood and treasure would be
expended, rendering future reconciliation between the States impossible. In
the meantime, who can foretell what would be the sufferings and privations
of the people during its existence?
The fact is that our Union rests upon public opinion, and can never be
cemented by the blood of its citizens shed in civil war. If it can not live
in the affections of the people, it must one day perish. Congress possesses
many means of preserving it by conciliation, but the sword was not placed
in their hand to preserve it by force.
Public-domain text, read in full here on John Shaqi.
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