Constitutional history -- United States -- Sources; Constitutional law -- United States
This may be considered as the violent death of the Confederacy. Its more
natural death is what we now seem to be on the point of experiencing, if
the federal system be not speedily renovated in a more substantial form.
It is not probable, considering the genius of this country, that the
complying States would often be inclined to support the authority of the
Union by engaging in a war against the non-complying States. They would
always be more ready to pursue the milder course of putting themselves
upon an equal footing with the delinquent members by an imitation of
their example. And the guilt of all would thus become the security of
all. Our past experience has exhibited the operation of this spirit in
its full light. There would, in fact, be an insuperable difficulty in
ascertaining when force could with propriety be employed. In the article
of pecuniary contribution, which would be the most usual source of
delinquency, it would often be impossible to decide whether it had
proceeded from disinclination or inability. The pretense of the latter
would always be at hand. And the case must be very flagrant in which its
fallacy could be detected with sufficient certainty to justify the harsh
expedient of compulsion. It is easy to see that this problem alone, as
often as it should occur, would open a wide field for the exercise of
factious views, of partiality, and of oppression, in the majority that
happened to prevail in the national council.
It seems to require no pains to prove that the States ought not to
prefer a national Constitution which could only be kept in motion by
the instrumentality of a large army continually on foot to execute the
ordinary requisitions or decrees of the government. And yet this is the
plain alternative involved by those who wish to deny it the power of
extending its operations to individuals. Such a scheme, if practicable
at all, would instantly degenerate into a military despotism; but it
will be found in every light impracticable. The resources of the Union
would not be equal to the maintenance of an army considerable enough to
confine the larger States within the limits of their duty; nor would the
means ever be furnished of forming such an army in the first instance.
Whoever considers the populousness and strength of several of these
States singly at the present juncture, and looks forward to what they
will become, even at the distance of half a century, will at once
dismiss as idle and visionary any scheme which aims at regulating their
movements by laws to operate upon them in their collective capacities,
and to be executed by a coercion applicable to them in the same
capacities. A project of this kind is little less romantic than the
monster-taming spirit which is attributed to the fabulous heroes and
demi-gods of antiquity.
Public-domain text, read in full here on John Shaqi.
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