Open main menu

Page:United States Reports, Volume 2.djvu/430

This page needs to be proofread.


424 Cases ruled and adjudged in the l';93· be lzelicved. The crel! of war is next raifed; the Federal VV*heatl cannot remain unmovetl amidll thefe lhuclts to the public harmony. Ought then a nrrjry to be created for drawing out the general force on an occalion tb replete with horror ? ls not ` an adjuiiment by a judicial forrt far preferable ? Are not peace and concord among the States two of the great ends of the Conllirution? T o be conlillent, the opponents of my prin- ciples mall (ay, that a State may not be fued by a foreigner.- ¥h:tt? Shall the tranquillity of our country be at the mercy of every State? Or, if it be allowed, thata State may be fu- ed by afareigner, salty, in the fcale of reafon, may not the mealirre be the fame, when the citizen of another State is the complainant ? Nor is the hillary of confedcracies wholly de- licient in analogy ; although a very {hit]: one is fcarcely to be expected. A parade of deep rcfearch into the Amphyélionic . Council, or the Achaean league, would be fruitlefs, from the dearth of hiltorical monuments. With the belt `lights they would probably be found, not to be politively identical with our union. So little did they approach to a National Government, that they might weli be deilitute of a common udicatory. So ready were the ancient Governments to merge the injuries to individuals in aStatc quarrel, and fo certain was it, that any judicial decree mult have been enforced by arms, that the mild form of a legal difcullion could not but be viewed with indiffe- rence, if notcontempt. And yet it would not be extravagant to conjeeiure, that all civil caufes were fnllained before the Am- phyélionic Council} What we know of the Achazan confede- racy, exhibits it as purely national, or rather confolidated.+ They had common Magiilrates taken by rotation, from the towns ; and the amsnability of the conllituent cities to fome Supreme Tribunal, is as probable as otherwife. But, in fact, it would be a wafle of time, to dweii upon thefe obfcutities. T 0 catch all the femblances of confederacies, fcattered through the hiltotic page, would be no lefs abfurd, than to {earch for light in regions of darknefs, or a liable jurifprudencc in the tnidlt of barbarity and bloodlhed. Advancing then, into more modern times, the Helvetic Union prefents itielf ; one of whole charaéleriltics is, that there is no cornmonjudieatory. S/mzyan, tty. Nur, docs it obtain in I·lal/uml. llut it cannot be con· eluded from hence, that the Swfr or the 1)i1It·l·, the j·:alnul`y of whom would not fullbrthem to adopt a National Governmcnr, would ‘deem it an abafcmcnt, to funnnon a State, conncfted as the lfuiml Sm.-: are, before a National '|`ribuna1. But our anxi- ety for precedents is relieved by appealing to the Germauir Fm- y»ir.:. '.l`he jumble of fifty principalitics tngrtlttr no more de- Errve.: " See AnarZ·t:¤·.ri:, 3 l'.»l. p. geo. i Ste (im': fI.l.t. »fG`.t·¢.t·, jr. gat.