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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