sly maintained without the agency of a single head of a Government。 The exclusive right of making peace and war； of concluding treaties of commerce； of raising armies； and equipping fleets； was granted to the Union。 *h The necessity of a national Government was less imperiously felt in the conduct of the internal policy of society； but there are certain general interests which can only be attended to with advantage by a general authority。 The Union was invested with the power of controlling the monetary system； of directing the post office； and of opening the great roads which were to establish a communication between the different parts of the country。 *i The independence of the Government of each State was formally recognized in its sphere； nevertheless； the Federal Government was authorized to interfere in the internal affairs of the States *j in a few predetermined cases； in which an indiscreet abuse of their independence might compromise the security of the Union at large。 Thus； whilst the power of modifying and changing their legislation at pleasure was preserved in all the republics； they were forbidden to enact ex post facto laws； or to create a class of nobles in their community。 *k Lastly； as it was necessary that the Federal Government should be able to fulfil its engagements； it was endowed with an unlimited power of levying taxes。 *l
＇Footnote h： See Constitution； sect。 8； 〃Federalist；〃 Nos。 41 and 42； Kent's 〃Commentaries；〃 vol。 i。 p。 207； Story； pp。 358…382； Ibid。 pp。 409…426。＇
＇Footnote i： Several other privileges of the same kind exist； such as that which empowers the Union to legislate on bankruptcy； to grant patents； and other matters in which its intervention is clearly necessary。＇
＇Footnote j： Even in these cases its interference is indirect。 The Union interferes by means of the tribunals； as will be hereafter shown。＇
＇Footnote k： Federal Constitution； sect。 10； art。 I。＇
＇Footnote l： Constitution； sects。 8； 9； and 10； 〃Federalist；〃 Nos。 30…36； inclusive； and 41…44； Kent's 〃Commentaries；〃 vol。 i。 pp。 207 and 381； Story； pp。 329 and 514。＇
In examining the balance of power as established by the Federal Constitution； in remarking on the one hand the portion of sovereignty which has been reserved to the several States； and on the other the share of power which the Union has assumed； it is evident that the Federal legislators entertained the clearest and most accurate notions on the nature of the centralization of government。 The United States form not only a republic； but a confederation； nevertheless the authority of the nation is more central than it was in several of the monarchies of Europe when the American Constitution was formed。 Take； for instance； the two following examples。
Thirteen supreme courts of justice existed in France； which； generally speaking； had the right of interpreting the law without appeal； and those provinces which were styled pays d'etats were authorized to refuse their assent to an impost which had been levied by the sovereign who represented the nation。 In the Union there is but one tribunal to interpret； as there is one legislature to make the laws； and an impost voted by the representatives of the nation is binding upon all the citizens。 In these two essential points； therefore； the Union exercises more central authority than the French monarchy possessed； although the Union is only an assemblage of confederate republics。
In Spain certain provinces had the right of establishing a system of custom…house duties peculiar to themselves； although that privilege belongs； by its very nature； to the national sovereignty。 In America the Congress alone has the right of regulating the commercial relations of the States。 The government of the Confederation is therefore more centralized in this respect than the kingdom of Spain。 It is true that the power of the Crown in France or in Spain was always able to obtain by force whatever the Constitution of the country denied； and that the ultimate result was consequently the same； but I am here discussing the theory of the Constitution。
Federal Powers
After having settled the limits within which the Federal Government was to act； the next point was to determine the powers which it was to exert。
Legislative Powers *m
＇Footnote m： ＇In this chapter the author points out the essence of the conflict between the seceding States and the Union which caused the Civil War of 1861。＇＇
Division of the Legislative Body into two branches … Difference in the manner of forming the two Houses … The principle of the independence of the States predominates in the formation of the Senate … The principle of the sovereignty of the nation in the composition of the House of Representatives … Singular effects of the fact that a Constitution can only be logical in the early stages of a nation。
The plan which had been laid down beforehand for the Constitutions of the several States was followed； in many points； in the organization of the powers of the Union。 The Federal legislature of the Union was composed of a Senate and a House of Representatives。 A spirit of conciliation prescribed the observance of distinct principles in the formation of these two assemblies。 I have already shown that two contrary interests were opposed to each other in the establishment of the Federal Constitution。 These two interests had given rise to two opinions。 It was the wish of one party to convert the Union into a league of independent States； or a sort of congress； at which the representatives of the several peoples would meet to discuss certain points of their common interests。 The other party desired to unite the inhabitants of the American colonies into one sole nation； and to establish a Government which should act as the sole representative of the nation； as far as the limited sphere of its authority would permit。 The practical consequences of these two theories were exceedingly different。
The question was； whether a league was to be established instead of a national Government； whether the majority of the State； instead of the majority of the inhabitants of the Union； was to give the law： for every State； the small as well as the great； would then remain in the full enjoyment of its independence； and enter the Union upon a footing of perfect equality。 If； however； the inhabitants of the United States were to be considered as belonging to one and the same nation； it would be just that the majority of the citizens of the Union should prescribe the law。 Of course the lesser States could not subscribe to the application of this doctrine without； in fact； abdicating their existence in relation to the sovereignty of the Confederation； since they would have passed from the condition of a co…equal and co…legislative authority to that of an insignificant fraction of a great people。 But if the former system would have invested them with an excessive authority； the latter would have annulled their influence altogether。 Under these circumstances the result was； that the strict rules of logic were evaded； as is usually the case when interests are opposed to arguments。 A middle course was hit upon by the legislators； which brought together by force two systems theoretically irreconcilable。
The principle of the independence of the States prevailed in the formation of the Senate； and that of the sovereignty of the nation predominated in the composition of the House of Representatives。 It was decided that each State should send two senators to Congress； and a number of representatives proportioned to its population。 *n It results from this arrangement that the State of New York has at the present day forty representatives and only two senators； the State of Delaware has two senators and only one representative； the State of Delaware is therefore equal to the State of New York in the Senate； whilst the latter has forty times the influence of the former in the House of Representatives。 Thus； if the minority of the nation preponderates in the Senate；。 it may paralyze the decisions of the majority represented in the other House； which is contrary to the spirit of constitutional government。
＇Footnote n： Every ten years Congress fixes anew the number of representatives which each State is to furnish。 The total number was 69 in 1789； and 240 in 1833。 （See 〃American Almanac；〃 1834； p。 194。） The Constitution decided that there should not be more than one representative for every 30；000 persons； but no minimum was fixed on。 The Congress has not thought fit to augment the number of representatives in proportion to the increase of population。 The first Act which was passed on the subject （April 14； 1792： see 〃Laws of the United States；〃 by Story； vol。 i。 p。 235） decided that there should be one representative for every 33；000 inhabitants。 The last Act； which was passed in 1832； fixes the proportion at one for 48；000。 The population represented is composed of all the free men and of three…fifths of the slaves。
＇The last Act of apportionment； passed February 2； 1872； fixes the representation at one to 134；684 inhabitants。 There are now （1875） 283 members of the lower House of Congress； and 9 for the States at large； making in all 292 members。 The old States have of course lost the representatives which the new States have gained。 … Translator's Note。＇＇
These facts show how rare and how difficult it is rationally and logically to combine all the several parts of legislation。 In the course of time different interests arise； and different principles are sanctioned by the same people； and when a general constitution is to be established； these interests and principles are so many natural obstacles to the rigorous application of any political system； with all its consequences。 The early stages of national existence are the only periods at which it is possible to maintain the complete logic of legislation； and when we perceive a nation in the enjoyment of this advantage； before we hasten to conclude that it is wise； we should do well to remember that it is young。 When the Federal Constitution was formed； the interests of independence for the separate States； and the interest of union for the whole people； were the only two conflicting interests which