THE PRESENT CRISIS IN THE UNITED STATES. 211 



duals of whom it is composed, surrender to it a part of their natural 

 independence which they before enjoyed as men in like manner 

 when a confederate republic is instituted, the communities of which 

 it is composed surrender to it a part of their political independence 

 which they before enjoyed as States. They resign to the national 

 government that part, and that part only, of their political liberty, 

 which placed in that government will produce more good to the 

 whole than if it had remained in the several States retaining only 

 the free and generous exercise of such faculties as are compatible 

 with the welfare of the general and superintending confederacy. 

 Such are the written provisions of the American constitution, but 

 which have long been, and are still, the subject of vehement and 

 fierce altercation. It would occupy too much space to examine the 

 various arguments adduced for and against the adoption of this con- 

 stitution^: suffice it to say, that almost every passion which could agi- 

 tate the human breast, interested both States and individuals for and 

 against the adoption of the proposed plan of government and the 

 period of time that has since elapsed, has rather served to compli- 

 cate than simplify the question of States' rights. One on which we 

 constantly find the best informed Americans divided we have ob- 

 served that the fundamental distinction between the first articles of 

 confederation and the present constitution, consists in this, that the 

 former acted only on States, the latter on individuals. Under the 

 new constitution one legislative, executive, and judicial power per- 

 vaded the whole union, and gave a stability to the general govern- 

 ment which never could be attained while the acts and requisitions 

 of congress were subject to the revision of thirteen legislatures, and 

 while thirteen distinct and unconnected judiciaries had a constitu- 

 tional right to decide on the same subject. The people of the United 

 States gave no new powers to their rulers, but made a more judicious 

 arrangement of what they had formerly ceded they enlarged the 

 powers of the general government, not by taking from the people, 

 but from the States' legislatures. They took from the latter a power 

 of levying duties on the importation of foreign merchandize, and 

 transferred it to congress for the common benefit of the union ; they 

 also invested the general government with a power to regulate trade, 

 levy taxes, and internal duties on the inhabitants. According to this 

 view of the American constitution, the independent sovereignty of 

 the various States is more virtual than real, for all matters concern- 

 ing the welfare of the whole union have been transferred to the gene- 

 tal government, and consequently, a refusal on the part of one or 

 any of the States to execute the acts of congress amounts to open 

 rebellion. Such, in fact, is precisely the view taken by the Presi- 

 dent General Jackson, who in his recent proclamation to the State of 

 South Carolina, does not hesitate to pronounce the late acts of the 

 convention of that State as rebellious, and threatens in case of need, 

 to follow up his declaration by coercive measures. 



The principles set forth by the head of the American Executive, 

 in the able State paper above alluded to, are, it must be confessed, 

 apparently founded on truth and justice. A State refusing as a 

 member of the confederation, to recognize the laws common to all 



