CHAPTER III.

Constitution of the United States-Origin of its system-Legislative power-Local or State governments-Anomalous state of American legislation-States rights and resolutions-South Carolina in 1832 and 1833-Governor McDuffie-Tendency of the General Government to usurp the power of the individual States-Late President Harrison-His theory of government -Difficulty in negotiating with foreign nations-The necessity of some better defined power resting in the Federal Government for this purpose-President of the United States-His mode of appointment-The term for which he should hold officeNo person but a natural born citizen eligible to the situation— Provision in the law in case of death, removal, &c.-His immense patronage and power-His irresponsibility-President Jackson-His dangerous usurpations in the governmentCommercial crisis of 1837 induced thereby-Senate of the United States-How constituted-The materials of which it is composed-Its general character-The character and general state of demoralization of the Lower House-Charge of habitual intoxication of its members publicly made by Hon. Henry Wise, representative from Maryland.

THE Constitution and Government of the United States is of a federal republic. The origin of its system had its rise from a General Congress, which first assembled in the city of Philadelphia, in the year 1774, composed of delegates chosen by the House of Representatives of each of the thirteen old colonies, except Georgia. This State, having after

wards acceded, increased the number to fifty-four and a president.

The unjust and oppressive conduct of the British Parliament against these colonies aroused the indignation of the entire population, who, impatient of control, and the restrictions to which they were made subject, by a solemn act of Congress, July 4th, 1776,* renounced all allegiance to the crown of Great Britain, and declared the American colonies free and independent states, and at the same time published articles of confederation and perpetual union between the States, in which they assume the style of the United States of America," and decreed that each State should retain its sovereignty and independence, and every other power not delegated to Congress.

These articles of confederation, after eleven years experience, being found inadequate for the purposes they were intended, delegates were chosen in each of the United States, to meet and fix on other necessary amendments. They accordingly assembled in convention in Philadelphia, in the summer of 1787, when a new constitution, more suited to the general exigencies, was adopted.†

Under this constitution, which formed a compact between the thirteen original States, the legislative power remained separate and divided in part be

See Appendix (letter C), for the American Declaration of Independence.

See Appendix (letter D), for the Constitution of the United States and amendments thereto.

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tween the Federal or General government, and each State within its immediate territory. To the Federal Government, belongs the power of making peace, or war with foreign nations; raising and supporting an army and navy; fixing the organization of the militia; imposing taxes for the common defence and benefit of the Union; borrowing and coining money, and fixing the standard of weights and measures; establishing post offices and post roads; granting patents for inventions, and exclusive copyrights to authors; regulating commerce with foreign nations; establishing an uniform bankrupt law; also, an uniform law of naturalization; and lastly, the federal tribunals judge of felonies and piracies committed on the high seas; of offences against the laws of nations, and questions between the citizens of different States.

To the State Governments is committed the branch which directs and controls the internal concerns of each State; its local laws, as far as relates to property and private rights; regulates the police; appoints the judges and all civil officers; imposes taxes for all State purposes; and exercises all other rights not vested in the Federal Government by

direct enactment.

In examining the principles on which the Federal Constitution is based, we shall, perhaps, find much to commend; its laws are framed with a liberal and enlightened policy, though of partial and limited influence in securing and otherwise protecting the rights of the American citizen, who is more imme

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diately placed under the control of the State laws, of some one or other of the numerous sections into which the country is divided.

of

These States may be said (except in their foreign or external relations, and in the other instances we have enumerated,) to be placed beyond the influence any other controlling power; and whilst enjoying a perfect, at least an imaginary sovereignty, frame such laws for their internal government as they may think proper; and provided that they do not overstep the leading principles of the Constitution of 1787, such as abrogating the writ of habeas corpus, or the trial by jury, secured to every American, may adopt such measures, as in their caprice or wisdom may seem meet. They have certainly taken advantage of these reserved rights, and, in their efforts at legislation, have presented to the world as neat a piece of legal patchwork as is to be found extended over any other, or equal, portion of the habitable globe.

The wrongs and inconveniences arising from this intricate and anomalous state of Government, are of admitted and daily occurrence. To the foreigner, this novelty is for a while inexplicable. Heretofore, accustomed to look upon America as one great family, regulated by one general and fixed system of mild and wholesome laws, he is strangely perplexed to find instead, that each State, or division of the country, is in a great measure controlled by a distinct code peculiar to itself, and only operative within the limit of its immediate territory, or jurisdiction. He finds the laws of Massachusetts of a

NUMBER OF STATES.

67

somewhat different complexion from those of New York; New York equally distinct from those of Pennsylvania; Pennsylvania to vary from those of New Jersey and Maryland; Maryland from those of Kentucky; in short, no two States of the Union, however according in their general principles, governed by the same precise rule, but each distinct, and as unconnected with the other, as if directed by opposite interests, or forming parts of two separate hemispheres. Americans of intelligence, those who can see their country, otherwise than through the distorted medium of their national prejudices, are generally prepared to admit the evils that grow out of this system. But it would be idle to propose any change, or reformation. The national, or rather the sectional prejudices of every citizen, would rise in arms to discourage the attempt, as threatening their individual or state sovereignty, and interfering with their assumed, or asserted, right of self-government, by which is reserved to them the privilege of living under as ill defined and perplexing code of laws, as any people were ever cursed with.

The recent admission of Arkansas, and Michigan, into the Union, has increased the present number of these States to twenty-six. The thirteen united colonies which first abjured their allegiance to the Crown of England, and that adopted and issued their memorable Declaration of Independence in 1776, were, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania,