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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