ture-the Missouri compromise. It sits not merely as the interpreter, but as the judge of the law.

It has been argued that the present Constitution differs in principle from the Articles of Confederation, in enabling the Federal Government to act directly on individuals, instead of doing so through the State governments. The inference is drawn that the sovereignty of the States has been surrendered by this concession. Had such a right been committed to a foreign Government, or to any substantive power, this might have been a natural inference. But the Federal Government has no substantive power, and is only the joint agent of the States. These act directly on their own citizens, each through its special government or agent, in the great majority of cases. They agree to act on them through the Federal or common agent in certain other specified cases. This is simply a more effective manner of procedure, a question of detail, greatly improving the administration, but affecting in nowise the question of sovereignty. Further, it was pointed out by Madison in the Convention that the principle itself was not new, but existed under the Articles of Confederation, in several cases which he specified.

A federal republic is a partnership of republics. It has been argued that, admitting this to be the case, still, when once formed, it could not be dissolved by one without the consent of the others. But a very common form of partnership, in this and other countries, is partnership at will; from

this any one party may retire without consulting the rest. And it seems to have escaped observation, how much wider are the powers of a sovereign State than those of a private individual. To a partnership of States the words of Madison apply: "When resort can be had to no common superior, the parties to the compact must themselves be the rightful judges, whether the bargain has been pursued or violated."

It has, indeed, been contended that the principles of a partnership at will could not apply, because this was to last for ever. On the point of duration the Constitution is silent, except in what is merely the expression of a desire, in the preamble,"to secure the blessings of liberty to ourselves and our posterity." On this subject there is no enactment or injunction. But on turning to the previous "Articles of Confederation," we find in the title the words " perpetual union," and in the body, the express injunction"And the union shall be perpetual." On this point they clearly possessed greater force than that of the Constitution; yet, notwithstanding this, they were terminated at the end of a few years, and that, too, with liberty to any State to leave the Federation altogether. The Union has, therefore, proved, by its own act, that terms of this nature have no force of law, but simply indicate the intention and the desire of the parties at the time. We find, too, that the Federal Government entered into a close alliance with France, the

terms of which strongly enjoined that it should last for ever; yet these terms were held to be no obstacle to annulling it, without the consent of the other party."

17

On turning to the Constitution, it causes surprise to find that no prohibition of secession exists in it. Those who framed it were men well versed in public affairs, surrounded by angry passions, employed in the very act of breaking up a Constitution, if, indeed, it may not be said, of seceding from one of the States, for Rhode Island continued to adhere to it. They provided for a State dividing into two or more-for several uniting into one-for the admission of States yet to come into existence. Why, then, this remarkable omission? A contingency far more probable than these was that of a State becoming dissatisfied, and desiring to separate. Was such an omission the result of negligence, of inability to foresee so probable an event, or was it the result of design?

It has been contended that it would have been improper to forbid a State to withdraw-that it would have been "futile and undignified" to have added to a law, "And be it further enacted that the said law shall not be violated." But this is just what all law has to do; and that which does it not, is not law. Who had the powers of a lawgiver over independent, sovereign States, entering into a compact of their own free will? And where is the law, either to be violated or obeyed?

17 See Notes in Appendix.

There is a provision for a State separating into pieces, and this appears quite as undignified as to provide against a State, whole and intact, separating from the rest. There is provision against the treason of individuals; and if a State can also commit treason, it would be strange law that provided against crime on a small scale, omitting to deal with it when on a large one. The men who framed the Constitution were eminently practical men. It cannot be supposed that they would slight so formidable a danger. Why, then, the omission? For the soundest and wisest reasons, which we have on record from their own lips.

In the first place, had there been inserted in the Constitution a compulsory clause of this nature, it would have been impossible to obtain the ratification of the States. Very difficult, at the present day, would it be to obtain the assent to such a clause even of the Northern States. Theoretically nothing would be easier, but when it came to the point, it would hardly be possible to prevail upon Massachusetts, even at this day, to abandon, for ever, her often-asserted independence and sovereignty, and accept, in reality and truth, that position in which she is said now to exist-that of the province of a wider power. And if there would now be such practical difficulty, with the State whose present professions are those most favourable to the step, how great would have been the obstacles when all the States were to be included, many hostile to, and jealous of, the rest,

and when the task was regarded, and proved to be, all but impossible, without this further and strong element of repugnance?

In the next place, the framers of the Constitution perceived, that should they forbid the retirement of a State, they must provide means to prevent it; otherwise it would be an idle precept, a mere solicitation to remain. Other questions might be referred to the Supreme Court, but a retiring State withdrew from its jurisdiction. Other forms of delinquency could be visited on individuals, but here was the action of a whole community. Goodwill must have died out before it could occur; argument would be vain; there could be no appeal except to force. But no force was to be created, adequate to an undertaking of this nature. The first act under the Constitution for regulating the military establishment, provided for a standing force of only 1,216 rank and file. True, in case of need this might be increased; but a cardinal principle with the people was to distrust standing armies; a subject on which their feeling was jealous in the extreme. It was impracticable to run counter to this, even so far as to provide the framework of an army equal to such an object. The only possible force would be that of the remaining States, to be employed in coercing those that desired to secede. On such a proposition the views of the two chief framers of the Constitution are on record. In the Convention, on the 31st May, 1787, Madison declared that "the use of