The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be MetStreight, Abel D.
History
The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be Met
Streight, Abel D.
Secession; United States -- Politics and government -- 1857-1861
"The next most palpable defect of the existing confederation, is the
total want of a SANCTION to its laws. The United States, as now
composed, have no power to exact obedience, or punish disobedience to
their resolutions, either by pecuniary mulcts, by a suspension or
divestiture of privileges, or by any other constitutional means. There
is no express delegation of authority to them to use force against
delinquent members; and if such a right should be ascribed to the
federal head, as resulting from the nature of the social compact
between the States, it must be by inference and construction, in the
face of that part of the second article, by which it is declared,
'that each State shall retain every power, jurisdiction, and right,
not _expressly_ delegated to the United States in Congress assembled.'
The want of such a right involves, no doubt, a striking absurdity, but
we are reduced to the dilemma, either of supposing that deficiency,
preposterous as it may seem, or of contravening or explaining away a
provision, which has been of late a repeated theme of the eulogies of
those who oppose the new constitution; and the omission of which, in
that plan, has been the subject of much plausible animadversion and
severe criticism. If we are unwilling to impair the force of this
applauded provision, we shall be obliged to conclude that the United
States affords the extraordinary spectacle of a government destitute
even of the shadow of constitutional power to enforce the execution of
its own laws. It will appear, from the specimens which have been
cited, that the American confederacy, in this particular, stands
discriminated from every other institution of a similar kind, and
exhibits a new and unexampled phenomenon in the political world.
"The want of a mutual guarantee of the State governments, is another
capital imperfection in the federal plan. There is nothing of this
kind declared in the articles that compose it; and to imply a tacit
guarantee from considerations of utility, would be a still more
flagrant departure from the clause which has been mentioned, than to
imply a tacit power of coercion, from the like consideration. The want
of a guarantee, though it might in its consequences endanger the
Union, does not so immediately attack its existence, as the want of a
constitutional sanction to its laws.
Public-domain text, read in full here on John Shaqi.
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