Another case from which a dissolution of these confederacies may follow, may be, where from any accident, or want of concert among the confederate states, the legislative or executive authority of the federal government may happen to be suspended, so as that no legislature or executive magistrate can, for a long space of time, succeed to an exercise of the functions of the former. As if a majority of the states should refuse any longer to choose representatives, or to supply the vacancies in the senate, in either of these cases it would seem that the legislature would be destroyed; on the other hand, if it should happen that no president should be chosen at the period when a president ought to be elected, here there would be a suspension both of the legislature and the executive, inasmuch as the president is an essential constituent part of the legislative body, since all bills, before they become law, must be submitted to him for his approbation. Now whenever the administration of any government is wholly suspended, a dissolution of the government follows of course; for, as Mr. Locke observes, whenever there is no remaining power31 within the community to direct the public force, or provide for the necessities of the public, there certainly is no government left; where laws cannot be executed at all it is all one as if there were no laws. And if this be a sufficient reason for the dissolution of civil government, the reason is much stronger why it should amount to a dissolution of a federal government, whose existence is infinitely of less consequence than the former. Civil society, and civil government its cement and support, may well subsist without the aid of federal government; but they are so intimately blended, with each other, that civil society is in danger, the moment that civil government is exposed to hazard: it may, indeed, survive for a little time; as the pulsations of the heart are known to continue after every other vital function is suspended; but if they be not speedily restored, the whole animal frame perishes together.
Intestine wars are another cause which must necessarily break these unions, unless upon the establishment of peace, the league be also revived. A man must be far gone in Utopian speculations, says the author of the Federalist,32 who can seriously doubt, that if the American States should either be wholly disunited, or only united in partial confederacies, the subdivisions into which they might be thrown, would have frequent and violent contests with each other. And as the prevention of such contests, was among the most cogent reasons to induce the adoption of the union, so ought it to be among the most powerful, to prevent a dissolution of it.
Conquest, where the conqueror happens to possess himself of one or two, or more of the confederate states, is another mode by which these confederacies may be dissolved; for the conqueror in this case, acquires no manner of right, over those states that remain, nor can he demand to be admitted into the confederacy, by virtue of the league which engaged the conquered states to the others, for, says Puffendorf, the alliance must always be presumed to expire, when any one people are brought under a foreign yoke, or are made an accession of another kingdom, because the league being made between free states, considered in that capacity, whenever this condition fails, the league must fail with it. But the American confederacy did not act upon these principles, when the states of Georgia and South Carolina were actually conquered by the British arms, and the British government was reestablished in them. The rest of the confederates did not abandon them in this situation, but continued the contest until Great Britain agreed to acknowledge those states, as well as the rest of their confederates, free and independent states. An example which I trust the members of that confederacy will hold in reverence for ever, even, though the guarantee of a republican form of government contained in the present federal constitution should be wholly forgotten. On the other hand, these systems do more closely unite, and are incorporated into the same civil state, either, if all the confederates, by a voluntary submission, incorporate themselves together, under the entire rule and government of some one person, or council, in all things; as in the union between England and Scotland before mentioned; or if some one state, which hath the advantage of strength and power, reduces the rest to the condition of dependent provinces. And lastly, if some particular man invade the sovereign command, through the favor of the soldiers, the esteem of the commonalty, or the strength of a prevailing faction. From which last source more danger may be apprehended to the American Confederacy, than from all the rest.
SECTION XIV.
Having in the preceding section considered the several modes by which a system, or confederacy of states may be dissolved, I shall add a few words only concerning the dissolution of civil government, which, according to Mr. Locke,33 and other writers, may happen either by conquest, and tearing up the roots of society at once, or by the public functionaries who are entrusted with the administration of the government, abusing, or betraying their trusts, and instead of consulting the happiness of the people, endeavoring to establish a model and form of government different from that which they have been entrusted to administer. All which may be summed up in the words of the American declaration of independence, “that whenever any form of government becomes destructive of those ends for which it is instituted, it is the right of the people to alter, or to