y 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.
Even in those confederacies which have been composed of members smaller
than many of our counties, the principle of legislation for sovereign
States, supported by military coercion, has never been found effectual.
It has rarely been attempted to be employed, but against the weaker
members; and in most instances attempts to coerce the refractory and
disobedient have been the signals of bloody wars, in which one half of
the confederacy has displayed its banners against the other half.
The result of these observations to an intelligent mind must be
clearly this, that if it be possible at any rate to construct a federal
government capable of regulating the common concerns and preserving the
general tranquillity, it must be founded, as to the objects c
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