Constitutional history -- United States -- Sources; Constitutional law -- United States
It is sometimes asked, with an air of seeming triumph, what inducements
could the States have, if disunited, to make war upon each other? It
would be a full answer to this question to say—precisely the same
inducements which have, at different times, deluged in blood all the
nations in the world. But, unfortunately for us, the question admits of
a more particular answer. There are causes of differences within our
immediate contemplation, of the tendency of which, even under the
restraints of a federal constitution, we have had sufficient experience
to enable us to form a judgment of what might be expected if those
restraints were removed.
Territorial disputes have at all times been found one of the most
fertile sources of hostility among nations. Perhaps the greatest
proportion of wars that have desolated the earth have sprung from this
origin. This cause would exist among us in full force. We have a vast
tract of unsettled territory within the boundaries of the United
States. There still are discordant and undecided claims between several
of them, and the dissolution of the Union would lay a foundation for
similar claims between them all. It is well known that they have
heretofore had serious and animated discussion concerning the rights to
the lands which were ungranted at the time of the Revolution, and which
usually went under the name of crown lands. The States within the
limits of whose colonial governments they were comprised have claimed
them as their property, the others have contended that the rights of
the crown in this article devolved upon the Union; especially as to all
that part of the Western territory which, either by actual possession,
or through the submission of the Indian proprietors, was subjected to
the jurisdiction of the king of Great Britain, till it was relinquished
in the treaty of peace. This, it has been said, was at all events an
acquisition to the Confederacy by compact with a foreign power. It has
been the prudent policy of Congress to appease this controversy, by
prevailing upon the States to make cessions to the United States for
the benefit of the whole. This has been so far accomplished as, under a
continuation of the Union, to afford a decided prospect of an amicable
termination of the dispute. A dismemberment of the Confederacy,
however, would revive this dispute, and would create others on the same
subject. At present, a large part of the vacant Western territory is,
by cession at least, if not by any anterior right, the common property
of the Union. If that were at an end, the States which made the
cession, on a principle of federal compromise, would be apt when the
motive of the grant had ceased, to reclaim the lands as a reversion.
The other States would no doubt insist on a proportion, by right of
representation. Their argument would be, that a grant, once made, could
not be revoked; and that the justice of participating in territory
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