I must first remind the reader that I have already shewn the weakness of the Federal Government upon one most important point, which is, that there is not sufficient security for person and property. When such is the case, there cannot be that adequate punishment for vice so necessary to uphold the morals of a people. I will now proceed to prove the weakness of the Federal Government whenever it has to combat with the several States, or with the will of the majority.
It will be perceived, by an examination into the Constitution of the United States, that the States have reserved for themselves all the real power, and that the Federal Union exists but upon their sufferance. Each State still insists upon its right to withdraw itself from the Union whenever it pleases, and the consequence of this right is, that in every conflict with a State, the Federal Government has invariably to succumb. M. Tocqueville observes, “If the sovereignty of the Union were to engage in a struggle with that of the States, at the present day, its defeat may be confidently predicted; and it is not probable that such a struggle would be seriously undertaken. As often as a steady resistance is offered to the Federal Government, it will be found to yield. Experience has hitherto shewn that whenever a State has demanded any thing with perseverance and resolution, it has invariably succeeded; and that if a separate government has distinctly refused to act, it was left to do as it thought fit. See Note 1.
“But even if the government of the Union had any strength inherent in itself, the physical situation of the country would render the excise of that strength very difficult. (See Note 2.) The United States cover an immense territory; they were separated from each other by great distances; and the population is disseminated over the surface of a country which is still half a wilderness. If the Union were to undertake to enforce the allegiance of the confederate States by military means, it would be in a position very analagous to that of England at the time of the War of Independence.”
The Federal Government never displayed more weakness than in the question of the tariff put upon English goods to support the manufacturers of the Northern States. The Southern States, as producers and exporters, complained of this as prejudicial to their interests. South Carolina, one of the smallest States, led the van, and the storm rose. This State passed an act by convention, annulling the Federal Act of the tariff, armed her militia, and prepared for war. The consequence was that the Federal Government abandoned the principle of the tariff, but at the same time, to save the disgrace of its defeat, it passed an act warranting the President to put down resistance by force, or, in other words, making the Union compulsory. South Carolina annulled this law of the Federal Government, but as the State gained its point by the Federal Government having abandoned the principle of the tariff, the matter ended.
Another instance in which the Federal Government showed its weakness when opposed to a State, was in its conflict with Georgia. The Federal Government had entered into a solemn, and what ought to have been an inviolable treaty, with the Cherokee Indians, securing to them the remnant of their lands in the State of Georgia. The seventh Article of that treaty says, “The United States solemnly guarantee to the Cherokee nation all their lands not hitherto ceded.” The State of Georgia, when its population increased, did not like the Indians to remain, and insisted upon their removal. What was the result?—that the Federal Government, in violation of a solemn treaty and the national honour, submitted to the dictation of Georgia, and the Indians were removed to the other side of the Mississippi.
These instances are sufficient to prove the weakness of the Federal Government when opposed to the States; it is still weaker when opposed to the will of the majority. I have already quoted many instances of the exercise of this uncontrolled will. I do not refer to Lynch law, or the reckless murders in the Southern States, but to the riots in the most civilised cities, such as Boston, New York, and Baltimore, in which outrages and murders have been committed without the Government ever presuming to punish the perpetrators; but the strongest evidence of the helplessness of the Government, when opposed to the majority, has been in the late Canadian troubles, which, I fear, have only for the season subsided. If many have doubts of the sincerity of the President of the United States in his attempts to prevent the interference of the Americans, there can be no doubt but that General Scott, Major Worth, and the other American officers sent to the frontiers, did their utmost to prevent the excesses which were committed, and to allay the excitement; and every one is aware how unavailing were their efforts. The magazines were broken open, the field-pieces and muskets taken possession of; large subscriptions of money poured in from every quarter; farmers sent waggon-loads of pigs, corn, and buffalos, to support the insurgents. No one would, indeed no one could, act against the will of the majority, and these officers found themselves left to their individual and useless exertions.
The militia at Detroit were ordered out: they could not refuse to obey the summons, as they were individually liable to fine and imprisonment; but as they said, very truly, “You may call us out, but when we come into action we will point our muskets in which direction we please.” Indeed, they did assist the insurgents and fire at our people; and when the insurgents were defeated, one of the drums which they had with them, and which was captured by our troops, was marked with the name of the militia corps which had been called out to repel them.
When the people are thus above the law, it is of very little consequence whether the law is more or less weak; at present the Federal Government is a mere cypher when opposed by the majority. Have, then, the Americans improved upon us in this point? It is generally admitted that a strong and vigorous government, which can act when it is necessary to restrain the passions of men under excitement, is most favourable to social order and happiness; but, on the contrary, when the dormant power of the executive should be brought into action, all that the Federal Government can do is to become a passive spectator or a disregarded suppliant.
Note 1. See the conduct of the Northern States in the war of 1812. “During that war,” says Jefferson in a letter to General Lafayette, “four of the Eastern States were only attached to the Union, like so many inanimate bodies to living men.”