Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/692

and give a superiority of strength to any party, with which they may associate themselves.

§ 1816.

In cases where it may be doubtful, on which side justice lies, what better umpires could be desired by two violent factions, flying to arms and tearing the state to pieces, than the representatives of confederate states, not heated by the local flame? To the impartiality of judges they would unite the affection of friends. Happy would it be, if such a remedy for its infirmities could be enjoyed by all free governments; if a project equally effectual could be established for the universal peace of mankind!

§ 1817.

Should it be asked, what is to be the redress for an insurrection pervading all the states, and comprising a superiority of the entire force, though not a constitutional right? The answer must be, that such a case, as it would be without the compass of human remedies, so it is fortunately not within the compass of human probability; and that it is a sufficient recommendation of the federal constitution, that it diminishes the risk of a calamity, for which no possible constitution can provide a cure.

§ 1818.

Among the advantages of a confederate republic, enumerated by Montesquieu, an important one is, "that should a popular insurrection happen in one of the states, the others are able to quell it. Should abuses creep into one part, they are reformed by those, that remain sound."^[1]

§ 1819. It may not be amiss further to observe, (in the language of another commentator,) that every pretext for intermeddling with the domestic concerns of any state, under colour of protecting it against domestic

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1. The Federalist, No. 43.