If, then, that government, or these States, are notified of an act done in violation of the covenant which the States have all pledged their faith to support and preserve, by any of those dependent upon their authority, it is their sacred and solemn duty, to disavow the act done as having been done in virtue of their authority, to take effectual steps to prevent the repetition of such an abuse, and it if may be properly required, to make reparation for any injuries that may have been sustained form what has been done under color of their power. If any State when so notified and appealed to, refuses or neglects to do these things, it thereby adopts the act done as its own act, and assumed upon itself all the consequences.
In a country regulated as are the United States, the necessity for such a solemn appeal from one sovereign State to its co-States, must be very rare indeed. The acute moral sense of our people, they vigor of our laws, the division of our powers, the accountability of all our magistrates, the policy of our governments, whether Federal or State, all constitute so many different checks and preventives against the occurrence of any event that could justify or require any such step. It is possible, however, nay has actually occurred more than once; and therefore, while treating of the mere theory of this our government, which theory although exposed to very many practical objections (applicable not to the government, but to its administration), is more perfect than anything the wit of man has ever produced, I must pursue it to all its consequences. I am so led to the enquiry, what may rightfully take place, should any State, after notifying its co-States of a violation of the covenant perpetrated by any of those who are amenable to their authority, meet from them with a refusal to redress the evil complained of, or should see this their solemn appeal treated with neglect.
The first consequence is obvious, every State so refusing or neglecting, thereby adopts the act or omission complained of by its co-State, as its own act. It affirms thereby, that the act or omission done, or suffered by its agents, or subjects, has been done either by its order, under its permission, or with its approbation; and that it is willing to take upon itself all the legitimate effects of the act or omission, be these what they may.
What then is the next consequence? the high and solemn importance of this question, is a sufficient apology for me in postponing its examination to another number.
