Constitutional history -- United States -- Sources; Constitutional law -- United States
Suppose the difficulties of agreeing upon a rule surmounted, and the
apportionment made. Still there is great room to suppose that the rule
agreed upon would, upon experiment, be found to bear harder upon some
States than upon others. Those which were sufferers by it would
naturally seek for a mitigation of the burden. The others would as
naturally be disinclined to a revision, which was likely to end in an
increase of their own incumbrances. Their refusal would be too
plausible a pretext to the complaining States to withhold their
contributions, not to be embraced with avidity; and the non-compliance
of these States with their engagements would be a ground of bitter
discussion and altercation. If even the rule adopted should in practice
justify the equality of its principle, still delinquencies in payments
on the part of some of the States would result from a diversity of
other causes—the real deficiency of resources; the mismanagement of
their finances; accidental disorders in the management of the
government; and, in addition to the rest, the reluctance with which men
commonly part with money for purposes that have outlived the exigencies
which produced them, and interfere with the supply of immediate wants.
Delinquencies, from whatever causes, would be productive of complaints,
recriminations, and quarrels. There is, perhaps, nothing more likely to
disturb the tranquillity of nations than their being bound to mutual
contributions for any common object that does not yield an equal and
coincident benefit. For it is an observation, as true as it is trite,
that there is nothing men differ so readily about as the payment of
money.
Laws in violation of private contracts, as they amount to aggressions
on the rights of those States whose citizens are injured by them, may
be considered as another probable source of hostility. We are not
authorized to expect that a more liberal or more equitable spirit would
preside over the legislations of the individual States hereafter, if
unrestrained by any additional checks, than we have heretofore seen in
too many instances disgracing their several codes. We have observed the
disposition to retaliation excited in Connecticut in consequence of the
enormities perpetrated by the Legislature of Rhode Island; and we
reasonably infer that, in similar cases, under other circumstances, a
war, not of PARCHMENT, but of the sword, would chastise such atrocious
breaches of moral obligation and social justice.
Public-domain text, read in full here on John Shaqi.
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