FREE BOOKS

Author's List




PREV.   NEXT  
|<   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200  
201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   >>   >|  
hey were unable to create or to introduce the spirit and the sense which give it life. They were involved in ceaseless embarrassments between the mechanism of their double government; the sovereignty of the States and that of the Union perpetually exceeded their respective privileges, and entered into collision; and to the present day Mexico is alternately the victim of anarchy and the slave of military despotism. [Footnote s: See the Mexican Constitution of 1824.] The second and the most fatal of all the defects I have alluded to, and that which I believe to be inherent in the federal system, is the relative weakness of the government of the Union. The principle upon which all confederations rest is that of a divided sovereignty. The legislator may render this partition less perceptible, he may even conceal it for a time from the public eye, but he cannot prevent it from existing, and a divided sovereignty must always be less powerful than an entire supremacy. The reader has seen in the remarks I have made on the Constitution of the United States that the Americans have displayed singular ingenuity in combining the restriction of the power of the Union within the narrow limits of a federal government with the semblance and, to a certain extent, with the force of a national government. By this means the legislators of the Union have succeeded in diminishing, though not in counteracting the natural danger of confederations. It has been remarked that the American Government does not apply itself to the States, but that it immediately transmits its injunctions to the citizens, and compels them as isolated individuals to comply with its demands. But if the Federal law were to clash with the interests and the prejudices of a State, it might be feared that all the citizens of that State would conceive themselves to be interested in the cause of a single individual who should refuse to obey. If all the citizens of the State were aggrieved at the same time and in the same manner by the authority of the Union, the Federal Government would vainly attempt to subdue them individually; they would instinctively unite in a common defence, and they would derive a ready-prepared organization from the share of sovereignty which the institution of their State allows them to enjoy. Fiction would give way to reality, and an organized portion of the territory might then contest the central authority. *t The same observation holds good
PREV.   NEXT  
|<   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200  
201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   >>   >|  



Top keywords:
government
 

sovereignty

 
citizens
 

States

 
Constitution
 

authority

 

Government

 
divided
 

confederations

 

federal


Federal
 

demands

 

comply

 

prejudices

 

individuals

 
interests
 

injunctions

 
counteracting
 
natural
 

danger


diminishing

 

legislators

 

succeeded

 

immediately

 

transmits

 

compels

 

remarked

 

American

 

isolated

 

conceive


defence
 

derive

 

prepared

 
common
 

attempt

 

subdue

 

individually

 

instinctively

 
organization
 
Fiction

reality

 

portion

 
institution
 

territory

 

vainly

 

single

 

individual

 

interested

 

feared

 

observation