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Updated: May 5, 2025
Thus, when the enormous magnitude and horrors of the war startled English onlookers, the odium, in the opinion of many, attached to the North: a view which, though it might not stand the test of strict investigation, or of a severe discussion of principles and provocations, was superficially maintainable, and not to be anyhow argued out of all plausibility.
Hayne's doctrine was "not maintainable, because, first, the General Government is not a party to the compact, but a Government established by it, and vested by it with the powers of trying and deciding doubtful questions; and secondly, because, if the Constitution be regarded as a compact, not one State only, but all the States are parties to that compact, and one can have no right to fix upon it her own peculiar construction."
Thus, if a thing be let, or lent, or pledged to Titius, or even deposited with him under such circumstances that he has an interest in its not being carried off for instance, by his having undertaken the entire responsibility for its safe custody; or if he possesses it in good faith, or has a usufruct or any other right in it whereby he suffers loss or incurs liability through its being forcibly taken from him, the action will be maintainable by him; not necessarily in order to restore to him the ownership, but only to compensate him for what it is alleged he has lost by its being taken from his goods or withdrawn from his means.
Yet, when we come to contemplate the final and supreme object of devotion, the Eternal Himself, it has been almost the universal custom to make a surprising exception, and to regard religion as maintainable only by recognition of a tremendous outward authority, to which only such loyalty is possible as in barbarous times was fostered towards a personal chieftain, or feudal king.
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