New York by James Fenimore Cooper
page 21 of 42 (50%)
page 21 of 42 (50%)
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ordinary acceptation of the meaning of the term, might exist in a
State without this right of secession. We doubt if it would be held sound doctrine to maintain that any single State had a right to secede from the German Confederation, for instance; and many alliances, or mere treaties, are held to be sacred and indissoluble; they are only broken by an appeal to violence. Every human contract may be said to possess its distinctive character. Thus, marriage is to be distinguished from a partnership in trade, without recurrence to any particular form of words. Marriage, contracted by any ceremony whatever, is held to be a contract for life. The same is true of governments: in their nature they are intended to be indissoluble. We doubt if there be an instance on record of a government that ever existed, under conditions, expressed or implied, that the parts of its territory might separate at will. There are so many controlling and obvious reasons why such a privilege should not remain in the hands of sections or districts, that it is unnecessary to advert to them. But after a country has rounded its territory, constructed its lines of defence, established its system of custom-houses, and made all the other provisions for security, convenience, and concentration, that are necessary to the affairs of a great nation, it would seem to be very presumptuous to impute to any particular district the right to destroy or mutilate a system regulated with so much care. The only manner in which the right of secession could exist in one of the American States, would be by an express reservation to that effect, in the Constitution. There is no such clause; did it exist it would change the whole character of the Government, |
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