Year: 1878

FEDERAL AND NATIONAL THEORIES.
SECOND LECTURE OF GEORGE TICKNoR CURTIS
HOW THE NATIONAL LEGISLATURE WAS FORMED
George TicknOr Curtis delivered the second


lecture of his American Political and Constitu
tonal History in Association Hall last evening He was
heard with much attention by very intelligent au-
dience.


We have seen, he began, that the treaty OF peace
which acknowledged the independence OF the United
effect In 17s33l All we had ut that time
in the nature OF a General Government consisted OF
Congress composed Of the delegates OF the several States
being body in which each state had one vote There
proper executive power and no direct legislative
mower This body was assembled under the Articles of
Confederation, which have been described as league
between sovereign States This government broke down
after the Revolution had been accomplished Various
attempts, 1888, to make revenue system for the
whole country failed Four years Of mbeciy followed


the peace They years OF great embarrassment and
even distress The dscordant legislation Of the States
Oh commercial subjects aud relations could not be har
monized What might have existed IL commercial re-
lations with England had been permanently liked by
treaty the OF the peace can only be matter OF
conjecture. But nothing had been done by treaty. and
nothing could done successfully by the separate leg
isation OF the states.


The characteristic principle OF the Confederation was


that Congress could recommend the States, but 1t
could not egslate to bind individuals. There was
now necessity for National Government with power
10 make interpret and execute laws all subjects
mtted It, aud TO obtain this 1t necessary for the
States 10 make concessions TO each other which have
been called compromises" The idea or regular gov
| ernment was before the trainers OF Constitution


first in tue constitutional systems o. England; second
| In their own state Governments Tteidea Of Legs-


ature with two chambers, Judicial department aud an
the State Constitutions There were certain peculiar
| in framing National Constitution the United States
system being inevitably republican. American repub,
down by political philosophers in their closets The
ernment III the Colonies. They could not 20
abroad FOR sovereign without comp eomisng their inde
pendenoe They could not ind monarch at home. |
There was and family In the country in whom
they could mud even an elective king. The only man
country was Washington, and he was a determined foe
form OF monarchy acting on the profound CON
licansm. The hereditary principle excepting III the
asserted rights Of the British Crown over these Colonies
was practically IN force In this country, ard there
chance for the practical adoption or the principle
that public once OF any kAd can belong 10 any lndlVd
as a personal right Republican institutions In the |
American derive their character from the political
ANA social equality OF the people who are the source OF
do with the nature and form OF our institutions but
tensric trait OF the American people. and for some
reason will probably continue to be So.


10 Il dsparagement 10 the moral character or the
political wisdom OF ancestors that institutions
were originally made TO embrace in their benefits and
privileges tbe white race alone nor does It detraet from
their republican character The stubborn fact or
slavery beyond the reach OF the trainers OF the
Constitution II their mission to establish out OF
the materials AT hand republican system Of govern
me
un6say of application 20 al races until the institu


Ons created for one race had stood the test OF time IL
the convention that the new Government must be a
National that tho States must DO preserved but
that there could be no such thing government without
supreme power and that there could be but supreme
power in the same community. The Confederation could
directly ON individuals without having State govern
ment stand between It and them -


The present Government OF the United States Is a
mixed system parlakins OF the nature OF both tue
ar ~fut
equal representation the Senate, preserved the
Federal principle In an important respect The division
of the Ia gisature into two houses, while opposed by
Franklin then oghytwo years Of age. was essential TO
harmonize the National and Federal systems. The con-
sequence OF adherence 10 the National or numerical
representation in both houses OF the Congress would
have been TO throw the whole legislative power into
the hands OF democratic majority Of the people OF
the United states unehecsed oy any direct power OF
smaller states could not assent 70 On inc ste OF tne
suffrage IN the House was brought forward IN the
state depended On hSe, sor ,oT ssehas ,voud u
quickly Introduce some regular military force and that
tne energy OF the State Government would be faal TO


liberty ana ana tend TO separation aud tyranny
To these consequences OF u dissolution OF the Unon |
Hamilton added the danger arising from the necessity |
OF forming alliances with rival and hostile nations OF
Europe tnat would seek to make the States parties 10
their own quarres No Government lac said could give
tranquility and happiness ~ home which did not pos |
scss sufficient stability and strength TO make usrespected
abroad. After long doiberatiOn, representation IN |
the Iousciof Representatives. was based the same
rule as direct taxation which should be apportioned
among the States according 70 the population. And rs
the be admitted Into the rule for taxation
in the proportion OF three-hfths OF their number, so |
they We're only the same proportion 10 enhan the
representation. Equality OF votes In the Senate was
adopted by bare majority and both recognize aud pre-
serve the reslduary sOyereignes OF the States. The
practice Of making party deterMin iOns the rule OF ac
both branches has tended 10 impair the Federal
principle This system IL dual IN respect TO the prln-
cpe OF representation IN the legislative department. be-


ing National branch and Federal IN the other and
in the respect thai each individual lives uHier tue Ma
siona pow er aud local power, and although complex
H IL not artificial in the OF being union " irrecOn
cllable theories. =,
successful almost certain to acquire, and after tohoi


degree of power that does not naturally belong 10 IT,
OF the OF the Rebellion We Of the North
a great mistake III rccOustructlng the southern
states very much II they had been foreign cOuntr es
couotercd foreign IL has taken us more than ten
years 20 learn that the alternatives were either 10
nave an Ireland hands, 10 he governed as that
Ireland has FOR centuries been governed Dy Great
revert TO the system OF our union IN us i
tegrty and To recognize and act upon the principle that
tho State sOyerCgnes, In their proper >aten, are Just
ms necessary and important 70 us az the NATIONAL ie
tures % political system By sort -. miracle we
nave learned last, and we are coming out OF our
and dangers more successfully than ~ might
have feared should. IL was fortunate thing
for us-fOrtunate bey Ond all estimate calculation
that we commenced political existence group
OF separate s0vereigntes that out OF our weakness
was evolved the idea OF union In which limited Ma
topal sovereignty became consistent with the preserX
rion OF separate authority OF each State over us
domestic concerns union which is justified ana de-
scribed by its motto, e Fiurfbus Ununt


Mr. Curtis then sad that ut future time. after
he had described the formation OF the other depart


of the Government he should treat OF that erest
,g epoch, the Administration OF Washington when u