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but it is not indispensable to any one of them. Several of them might break the federal tie without compromising the welfare of the others, although their own prosperity would be lessened. As the existence and the happiness of none of the states are wholly dependant on the present constitution, they would none of them be disposed to make great personal sacrifices to maintain it. On the other hand, there is no state which seems, hitherto, to have its ambition much interested in the maintenance of the existing Union. They certainly do not all exercise the same influence in the federal councils, but no one of them can hope to domineer over the rest, or to treat them as its inferiors or as its subjects.
It appears to me unquestionable, that if any portion of the Union seriously desired to separate itself from the other states, they would not be able, nor indeed would they attempt, to prevent it; and that the present Union will only last as long as the states which compose it choose to continue members of the confederation. If this point be admitted, the question becomes less difficult; and our object is not to inquire whether the states of the existing Union are capable of separating, but whether they will choose to remain united.
[The remarks respecting the inability of the federal government to retain within the Union any state that may choose “to withdraw its name from the contract,” ought not to pass through an American edition of this work, without the expression of a dissent by the editor from the opinion of the author. The laws of the United States must remain in force in a revolted state, until repealed by congress; the customs and postages must be collected; the courts of the United States must sit, and must decide the causes submitted to them; as has been very happily explained by the author, the courts act upon individuals. If their judgements are resisted, the executive arm must interpose, and if the state authorities aid in the resistance, the military power of the whole Union must be invoked to overcome it. So long as the laws affecting the citizens of such a state remain, and so long as there remain any officers of the general government to enforce them, these results must follow not only theoretically but actually. The author probably formed the opinions which are the subject of these remarks, at the commencement of the controversy with South Carolina respecting the tariff. And when they were written and published, he had not learned the result of that controversy, in which the supremacy of the Union and its laws was triumphant. There was doubtless great reluctance in adopting the necessary measures to collect the customs, and to bring every legal question that could possibly arise out of the controversy, before the judiciary of the United States, but they were finally adopted, and were not the less successful for being the result of deliberation and of necessity. Out of that controversy have arisen some advantages of a permanent character,
