Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/719

 CH. XLIII.] aim, and to which all such institutions must be sacrificed. Perhaps, also, an answer may be found, without searching beyond the principles oi' the compact itself. It has been heretofore noted among the defects of the confederation, that, in many of the states, it had received no higher sanction, than a mere legislative ratification. The principle of reciprocity seems to require, that its obligation on the other states should be reduced to the same standard. A compact between independent sovereigns, founded on acts of legislative authority, can pretend to no higher validity, than a league or treaty between the parties. It is an established doctrine, on the subject of treaties, that all the articles are mutually conditions of each other; that a breach of any one article is a breach of the w hole treaty; and that a breach, committed by either of the parties, absolves the others; and authorizes them, if they please, to pronounce the compact violated, and void. Should it unhappily be necessary to appeal to these delicate truths, for a justification for dispensing with the consent of particular states to a dissolution of the federal pact, will not the complaining parties find it a difficult task to answer the multiplied and important infractions, with which they may be confronted? The time has been, when it was incumbent on us all to veil the idea, which this paragraph exhibits. The scene is now changed, and with it, the part, which the same motives dictated.

§ 1849. The second question is not less delicate; and the flattering prospect of its being nearly hypothetical, forbids an over-curious discussion of it. It is one of those cases, which must be left to provide for itself. In general, it may be observed, that although no