Constitutional history -- United States -- Sources; Constitutional law -- United States
This exceptionable principle may, as truly as emphatically, be styled
the parent of anarchy: It has been seen that delinquencies in the
members of the Union are its natural and necessary offspring; and that
whenever they happen, the only constitutional remedy is force, and the
immediate effect of the use of it, civil war.
It remains to inquire how far so odious an engine of government, in its
application to us, would even be capable of answering its end. If there
should not be a large army constantly at the disposal of the national
government it would either not be able to employ force at all, or,
when this could be done, it would amount to a war between parts of
the Confederacy concerning the infractions of a league, in which the
strongest combination would be most likely to prevail, whether it
consisted of those who supported or of those who resisted the general
authority. It would rarely happen that the delinquency to be redressed
would be confined to a single member, and if there were more than one
who had neglected their duty, similarity of situation would induce them
to unite for common defense. Independent of this motive of sympathy, if
a large and influential State should happen to be the aggressing member,
it would commonly have weight enough with its neighbors to win over some
of them as associates to its cause. Specious arguments of danger to
the common liberty could easily be contrived; plausible excuses for
the deficiencies of the party could, without difficulty, be invented
to alarm the apprehensions, inflame the passions, and conciliate the
good-will, even of those States which were not chargeable with any
violation or omission of duty. This would be the more likely to take
place, as the delinquencies of the larger members might be expected
sometimes to proceed from an ambitious premeditation in their rulers,
with a view to getting rid of all external control upon their designs
of personal aggrandizement; the better to effect which it is presumable
they would tamper beforehand with leading individuals in the adjacent
States. If associates could not be found at home, recourse would be
had to the aid of foreign powers, who would seldom be disinclined to
encouraging the dissensions of a Confederacy, from the firm union
of which they had so much to fear. When the sword is once drawn, the
passions of men observe no bounds of moderation. The suggestions of
wounded pride, the instigations of irritated resentment, would be apt
to carry the States against which the arms of the Union were exerted, to
any extremes necessary to avenge the affront or to avoid the disgrace
of submission. The first war of this kind would probably terminate in a
dissolution of the Union.
Public-domain text, read in full here on John Shaqi.
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