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we do not believe that the blockade will be strict. We expect that much cotton will filter through, and that all will be liberated before many months are over. Even if no American cotton reached this country, yet if we are convinced that none will reach us, high prices will attract sufficient quantities from other quarters to relieve us from an actual famine,-provided, that is, no artificial proceedings on the part of other Governments shall extract from us the supply we have secured. And if our manufacturers work short time soon enough and universally enough, there will be an ample amount of employment on the whole to afford two-thirds wages to the operative population. But if, relying on indefinite hopes, they should defer this needful precaution, and should use up their stock too rapidly, or disseminate it too unequally, we may endure much misery and some starvation. And if the Americans shall continue their strife with inveteracy and with obstinacy, and succeed among them in scaling up their production for the year, yet should be unable to persuade our merchants that such will be the case,prices will advance too slowly to attract from India the million of bales that we require. And if, in addition to all this, France and America, or either of them, should, in defiance of political economy and regardless of cost, adopt contrivances and bounties to drain away from us a portion of our scanty stocks, then our condition may become very serious indeed. Such a combination of unfavourable possibilities, however, we feel bound to say, we see no reason for anticipating. But every thing is harassingly uncertain.

ART. X.-THE AMERICAN CONSTITUTION AT THE

PRESENT CRISIS.

Causes of the Civil War in America. By J. Lothrop Motley. Manwaring.

It is not at first easy for an ordinary Englishman to appreciate adequately the favourite arguments which the most cultivated and best American writers use at the present juncture. It seems to him that they are arguments befitting lawyers, not arguments befitting statesmen. They appear only to prove that a certain written document, called the Constitution of the United States, expressly forbids the conduct which the Southern States are consistently pursuing, and that therefore such conduct is culpable as well as illegal. Very few Englishmen will deny either the premiss or the conclusion considered in themselves. It is certain that the Constitution does forbid

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what the slave States are doing; it is equally certain, that their policy is as mean, as unjustifiable, and every way as discreditable, as was ever pursued by any public bodies equally powerful and equally cultivated. But nevertheless an argument from the mere letter of a written Constitution will hardly convince any Englishman. He knows that all written documents must be very meagre; that the best of them must often be unsatisfactory; that most of them contain many errors; that the best of them are remarkable for strange omissions; that all of them will fail utterly when applied to a state of things different from any which its authors ever imagined. The complexity of politics is thoroughly comprehended by every Englishman, the complexity of our history has engraved it on our mind; the complexity of our polity is a daily memento of it,and no one in England will be much impressed by any arguments which tacitly assume that the limited clauses of an old State-paper can provide for all coming cases, and for ever regulate the future.

It is worth while, however, to examine the American Constitution at the present juncture. No remarkable aspect of the great events which are occurring among our nearest national kindred and our most important trading connexions in our own times, can be wisely neglected; and it will be easy to show that the Constitution of the United States is now failing from the necessary consequence of an inherent ineradicable defect; that more than one of its thoughtful framers perceived that it must fail under similar circumstances; and that the irremediable results of this latent defect have been aggravated partly by the corruptions which the Constitution has contracted in the progress of time, and yet more by certain elaborate provisions which were believed to be the best attainable safeguards against analogous dangers and difficulties.

Like most of the great products of the Anglo-Saxon race, the American Constitution was the result of a pressing necessity, and was a compromise between two extreme plans for meeting that necessity. It was framed in a time of gloom and confusion. The "revolted colonies," as Englishmen then called them, had been successful in their revolt; but they had been successful in nothing else. They had thrown off the yoke of the English Government; but they had founded no efficient or solid government of their own. They had been united by a temporary common sentiment,-by a common antipathy to the interference of the mother country; but the binding efficacy of that feeling ceased when their independence of the mother country had been definitively recognised. Nor was there any other strong bond of union which could supply its place. The Ame

rican colonies had been founded by very different kinds of persons, at very different periods of English history. They had respectively taken the impress of the class of Englishmen who had framed them: Virginia had the mark of the aristocratic class; Massachusetts of the Puritan; Pennsylvania of the Quakers. The modern colonies of England are of a single type; they are founded by a single class, from a single motive. Those who now leave England are, with some exceptions, but still for the most part and as a rule, a rough and energetic race, who feel that they cannot earn as much money as they wish in England, and who hope and believe that they will be able to earn that money elsewhere. They are driven from home by the want of a satisfactory subsistence, and that subsistence is all they care or seek to find elsewhere. To every other class but this, England is too pleasant a residence for them to dream of leaving it for the antipodes. With our early colonies it was otherwise. When they were founded, England was a very unpleasant place for very many people. As long as the now-balanced structure of our composite society was in the process of formation, one class obtained a temporary ascendency at one time, and another class at another time. At each period they made England an uncomfortable place of residence for all who did not coincide in their notions of politics, and who would not subscribe to their tenets of religion. At such periods the dissident class threw off a swarm to settle in America; and thus our old colonies were first formed.

No one can be surprised that communities with such a beginning should have acquired strong antipathies to one another. Even at the present day, the antipathy of the inhabitants of South Carolina to the people of Boston, the dislike of Kentuckians to New Yorkers, has surprised attentive observers. But when their independence was first recognised, such feelings were infinitely more intense. The original founders of the colonies had hated one another at home. Those colonies were near neighbours in a rude country, and the occasional collision of petty interests had kept alive the original antipathy of each class to its antagonistic class, of each sect to its antagonistic sect. M. de Tocqueville remarked, that even in his time there was no national patriotism in America, but only a State patriotism; and though, in 1833, this remark was perhaps exaggerated, it would have been, fifty years before, only the literal expression of an indisputable fact. The name "American" had scarcely as yet any political signification,—it was a "geographical expression."

Grave practical difficulties of detail, too, oppressed the new community. The war with England had been commenced by a body calling itself a Congress, but very different from the ela

borate and composite body which we now know by that name. It was a simple committee of delegates from the different States, which could recommend to those States whatever military measures it thought advisable, but had no greater power or function whatever. It was in no sense a government. It had no coercive jurisdiction, could compel nothing, and enforce nothing. It was an advising council, which had no resources of its own, and could only rely on its dignified position, and the obvious necessity of united opposition to the common enemy. But, as might be anticipated, so frail an organisation was entirely inadequate to the rough purposes of revolutionary warfare. It could not meet a pressing difficulty; and it did not meet it. It worked well when it was not wanted,-when all the States were unanimous; but it was insufficient when the States began to disagree, at the very moment for which it was required.

The responsible leaders of the revolutionary struggle felt the necessity of a closer bond; and in March 1781, nearly five years after the Declaration of Independence, the first real American Government was formed. It was called the Confederation, and was very simple in its structure. There was no complicated apparatus of President and Vice-president, such as we are now familiar with; no Supreme Court, no House of Representatives. The Confederation rather resembled what existed previously than what exists at present. There was, as before, a committee of delegates from the different States, and there was nothing else: this was the whole government; but this was not, as before, simply a committee with powers of recommendation. It could by its own authority make peace and war, establish armies, contract debts, coin money, issue a paper currency, and send ambassadors to foreign nations. It could in theory, and according to its letter, perform all the ordinary acts and functions of sovereignty. It did, in fact, perform the greatest act of sovereignty, as a lawyer would reckon it, that could be conceived. By signing a peace with England, it secured its own existence. Being a loose aggregate of revolted colonies, it obtained a recognition by the mother country against which these colonies had revolted. In the face of Europe, and in the face of England more especially, it maintained the appearance of an organised, regular, and adequate government.

It really was, however, very inadequate. Some one has said that the true way to test the practical operation of any constitution is to ask, "How do you get money under it?" This is certainly an American mode of testing a polity, and according to this criterion the "perpetual Confederation" was an egregious failure. "You could not get dollars by means of it at all." The national Congress could incur liabilities, but it

could not impose taxation. It could, as we have explained, raise an army, contract a debt, issue a credit currency; but it could not of itself, and by its own authority, levy a penny. The States had retained in their own hands the exclusive

power of imposing taxes. Congress could only require the several States to find certain quotas of money, and in the event of their not finding them could go to war with them. As a theorist would anticipate, the simplest alternative happened. The States did not find the money, and the Congress did not go to war with them. The debts of the Union were undischarged; the soldiers, even the French soldiers, who had achieved its independence, were unpaid; and the financial conditions of the Treaty of Independence with England were unfulfilled. Congress could do nothing, and the States would do nothing. Other smaller difficulties, too, were accumulating. The large unoccupied territory of the American continent required care; England was irritated at the non-completion or the infraction of several of the articles of peace; petty quarrels between the States on vexing minutia were constantly beginning, and were rarely ending. The impotence of Congress was becoming proverbial, and the entire country was discouraged. In the correspondence of Washington and those around him, it is evident that they asked themselves with doubt and despondency, "After all, will America be a nation ?”

Two schemes floated in the public mind for remedying these evils. It was the opinion of some of the wisest American statesmen, and especially of Hamilton, the greatest political philosopher among them, that it would be better to establish an omnipotent Federal Government, which should be to America what the English Government was to England, which should have the full legislative, the full executive, the full judicial power which a sovereign government possesses in ordinary States.*

As Hamilton's plan is not easily accessible in this country, and may have some interest at the present moment, when some persons, at least, are desirous of attempting a similar experiment, we give it at length.

"The following Paper was read by Col. Hamilton, as containiny his ideas of a suitable plan of Government for the United States.

"1. The supreme legislative power of the United States of America to be vested in two distinct bodies of men, the one to be called the assembly, the other the senate, who, together, shall form the legislature of the United States, with power to pass all laws whatsoever, subject to the negative hereafter mentioned.

2. The assembly to consist of persons elected by the people, to serve for three years.

"3. The senate to consist of persons elected to serve during good behaviour; their election to be made by electors chosen for that purpose by the people. In order to this, the States to be divided into election districts. On the death, removal, or resignation of any senator, his place to be filled out of the district from which he came.

"4. The supreme executive authority of the United States to be vested in a

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