Page:Federalist, Dawson edition, 1863.djvu/240

 But if we are unwilling to be placed in this perilous situation; if we still will adhere to the design of a National Government, or, which is the same thing, of a superintending power, under the direction of a common Council, we must resolve to incorporate into our plan those ingredients which may be considered as forming the characteristic difference between a league and a Government; we must extend the authority of the Union to the persons of the citizens,—the only proper objects of Government.

Government implies the power of making laws. It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience. If there be no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation. This penalty, whatever it may be, can only be inflicted in two ways: by the agency of the Courts and Ministers of Justice, or by military force; by the of the magistracy, or by the  of arms. The first kind can evidently apply only to men: the last kind must, of necessity, be employed against bodies politic, or communities, or States. It is evident, that there is no process of a Court by which the observance of the laws can, in the last resort, be enforced. Sentences may be denounced against them for violations of their duty; but these sentences can only be carried into execution by the sword. In an association where the general authority is confined to the collective bodies of the communities that compose it, every breach of the laws must involve a state of war; and military execution must become the only instrument of civil obedience. Such a state of things can certainly not deserve the name of Government, nor would any prudent man choose to commit his happiness to it.

There was a time when we were told that breaches,