Constitutional history -- United States -- Sources; Constitutional law -- United States
Insurrections in a State will rarely induce a federal interposition,
unless the number concerned in them bear some proportion to the friends
of government. It will be much better that the violence in such cases
should be repressed by the superintending power, than that the majority
should be left to maintain their cause by a bloody and obstinate
contest. The existence of a right to interpose, will generally prevent
the necessity of exerting it. Is it true that force and right are
necessarily on the same side in republican governments? May not the
minor party possess such a superiority of pecuniary resources, of
military talents and experience, or of secret succors from foreign
powers, as will render it superior also in an appeal to the sword? May
not a more compact and advantageous position turn the scale on the same
side, against a superior number so situated as to be less capable of a
prompt and collected exertion of its strength? Nothing can be more
chimerical than to imagine that in a trial of actual force, victory may
be calculated by the rules which prevail in a census of the
inhabitants, or which determine the event of an election!
May it not happen, in fine, that the minority of CITIZENS may become a
majority of PERSONS, by the accession of alien residents, of a casual
concourse of adventurers, or of those whom the constitution of the
State has not admitted to the rights of suffrage? I take no notice of
an unhappy species of population abounding in some of the States, who,
during the calm of regular government, are sunk below the level of men;
but who, in the tempestuous scenes of civil violence, may emerge into
the human character, and give a superiority of strength to any party
with which they may associate themselves. In cases where it may be
doubtful on which side justice lies, what better umpires could be
desired by two violent factions, flying to arms, and tearing a State to
pieces, than the representatives of confederate States, not heated by
the local flame? To the impartiality of judges, they would unite the
affection of friends. Happy would it be if such a remedy for its
infirmities could be enjoyed by all free governments; if a project
equally effectual could be established for the universal peace of
mankind! Should it be asked, what is to be the redress for an
insurrection pervading all the States, and comprising a superiority of
the entire force, though not a constitutional right? the answer must
be, that such a case, as it would be without the compass of human
remedies, so it is fortunately not within the compass of human
probability; and that it is a sufficient recommendation of the federal
Constitution, that it diminishes the risk of a calamity for which no
possible constitution can provide a cure. Among the advantages of a
confederate republic enumerated by Montesquieu, an important one is,
“that should a popular insurrection happen in one of the States, the
others are able to quell it.
Public-domain text, read in full here on John Shaqi.
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