prove successful, and the system end in disunion, is, to say the least, highly probable. But if it should fail, the great increase of power and patronage which must, in consequence, accrue to the government of the United States, would but render certain, and hasten the termination in the other alternative. So that, at all events, to the one, or to the other,--to monarchy, or disunion it must come, if not prevented by strenuous and timely efforts. And this brings up the question,-How is it to be prevented? How can these sad alternatives be averted?

For this purpose, it is indispensable that the government of the United States should be restored to its federal character. Nothing short of a perfect restoration, as it came from the hands of its framers, can avert them. It is folly to suppose that any popular government, except one strictly federal, in practice, as well as in theory, can last, over a country of such vast extent and diversity of interests and institutions. It would not be more irrational to suppose, that it could last, without the responsibility of the rulers to the ruled. The tendency of the former to oppress the latter, is not stronger than is the tendency of the more powerful section, to oppress the weaker. Nor is the right of suffrage more indispensable to enforce the responsibility of the rulers to the ruled, than a federal organization, to compel the parts to respect the rights of each other. It requires the united action of both to prevent the abuse of power and oppression; and to constitute, really and truly, a constitutional govern

ment. To supersede either, is to convert it in fact, whatever may be its theory, into an absolute govern

ment.

But it cannot be restored to its federal character, without restoring the separate governments of the several States, and the States themselves, to their true position. From the latter the whole system emanated. They ordained and established all the parts; first, by their separate action, their respective State governments; and next, by their concurrent action, with the indispensable co-operation of their respective governments, they ordained and established a common government, as a supplement to their separate governments. The object was, to do that, by a common agent, which could not be as well done, or done at all, by their separate agencies. The relation, then, in which the States. stand to the system, is that of the creator to the creature; and that, in which the two governments stand to each other, is of coequals and co-ordinates as has been fully established:-with the important difference, in this last respect, that the sepa rate governments of the States were the first in the order of time, and that they exercised an active and indispensable agency in the creation of the common government of all the States; or, as it is styled, the government of the United States.

Such is their true position;-a position, not only essential in theory, in the formation of a federal government-but to its preservation in practice. Without it, the system could not have been formed,and without it, it cannot be preserved. The super

vision of the creating power is indispensable to the preservation of the created. But they no longer retain their true position. In the practical operation of the system, they have both been superseded and reduced to subordinaate and dependent positions: and this, too, by the power last in the order of formation, and which was brought into existence, as auxiliary to the first,—and through the aid of its active co-operation. It has assumed control over the whole; and thus a thorough revolution has been effected, the creature taking the place of the creator. This must be reversed, and each restored to its true position, before the federal character of the government can be perfectly restored.

For this purpose the first and indispensable step is to repeal the 25th sect. of the judiciary act,-the whole of the act of the 3d of March, 1833, and all other acts containing like provisions. These, by subjecting the judiciary of the States to the control of the federal judiciary, have subjected the separate governments of the several States, including all their departments and functionaries,-and, thereby, the States themselves, to a subordinate and dependent condition. It is only by their repeal, that the former can be raised to their true relation as coequals and co-ordinates,-and the latter can retain their high sovereign power of deciding, in the last resort, on the extent of the delegated powers, or of interposing to prevent their encroachment on the reserved powers. It is only by restoring these to their true position, that the government of the United States can be reduced to its true position,

as the coequal and co-ordinate of the separate gov ernments of the several States, and restricted to the discharge of those auxiliary functions assigned to it by the constitution.

But this indispensable and important step will have to be followed by several others, before the work of restoration will have been completed. One of the most important will be, the repeal of all acts by which the money power is carried beyond its constitutional limits, either in laying duties, or in making appropriations. The federal character of the government may be as effectually destroyed by encroaching on, and absorbing all the reserved powers, as by subjecting the governments of the several States themselves directly to its control. Either would make it, in fact, the sole and absolute power, and virtually, the government of the numerical majority. But of all the powers ever claimed for the government of the United States, that which invests Congress with the right to determine what objects belong to the general welfare,-to use the money power in the form of laying duties and taxes, and to make appropriations for the purpose of promoting such as it may deem to be of this character, is the most encroaching and comprehensive. In civilized communities, money may be said to be the universal means, by which all the operations of governments are carried on. If, then, it be admitted, that the government of the United States has the right to decide, at its discretion, what is, and what is not for the common good of the country, and to lay duties and taxes, and to appropriate

their proceeds to effect whatever it may determine to be for the common good, it would be difficult to assign any limits to its authority, or to prevent it from absorbing, finally, all the reserved powers, and thereby, destroying its federal character.

But still more must be done to complete the work of restoration. The executive department must be rigidly restricted within its assigned limits, by divesting the President of all discretionary powers, and confining him strictly to those expressly conferred on him by the constitution and the acts of Congress. According to the express provisions of the former, he cannot rightfully exercise any other. Nor can he be permitted to go beyond, and to assume the exercise of whatever power he may deem necessary to carry those vested in him into execution, without finally absorbing all the powers vested in the other departments and making himself absolute. Having the disposal of the patronage of the government, and the command of all its forces, and standing at the head of the dominant party for the time, he will be able, in the event of a contest between him and either of the other departments, as to the extent of their respective powers, to make good his own, against its construction.

There is still another step, connected with this, which will be necessary to complete the work of restoration. The provisions of the constitution in reference to the election of the President and VicePresident, which has been superseded in practice, must be restored. The virtual repeal of this provi