tance, which slowly increased down to the Civil War; that event gave it a place which it had never had before, and which it is not likely to lose.1

771. Nature of the National Government.-As remarked in various chapters, there has been much disputing whether the National Constitution established a State system or a National system. It is strictly neither a National nor a State system, but a combination of the two. In its foundation the Constitution is partly National and partly State, because ratified by the people, but by the people as constituting thirteen States and not one consolidated nation. In the sources of its powers, it is partly National and partly State, because one branch of the Legislature represents the people, and one the States, while the two elements blend in the election of the Executive. In the operation of its powers-which was the great defect of the Confederation-it is National and not State, because it acts on the people as individuals and not as States. In the extent of its powers it is partly National and partly State, because the powers granted are limited in number, leaving a great mass of powers to the people and to the States, but unlimited in application. In the mode of amendment it is neither wholly State nor wholly National, because both Houses of Congress and the State Legislatures are necessary to effect amendments.2

772. Complexity of the System.-Perhaps there is no government in the world that is more difficult to explain intelligently, and particularly to foreigners, than the American Government. John Quincy Adams called it a "complicated machine"; "it is an anomaly," said he,

1 In 1795 John Jay resigned the office of Chief Justice to accept the Governorship of New York, and in 1800 declined a second appointment, assigning this reason: "I left the bench perfectly convinced that under a system so defective it would not obtain the energy, weight, and dignity which was essential to its affording support to the National Government; nor acquire the public confidence and respect which as the last resort of the justice of the Nation it should possess."--Pellew: John Jay, pp. 337, 338.

2 See the Federalist, No. 35.

in the history of the world. It is that which distinguishes us from all other nations, ancient and modern." No other government is so highly specialized. It combines the complexities of both the dual and the republican systems. But complexity of governmental machinery appears to be essential to liberty. With a brief passage from Mr. Webster touching this point, this work may fitly close.

"Nothing is more deceptive or more dangerous than the pretense of a desire to simplify government. The simplest governments are despotisms; the next simplest, limited monarchies; but all republics, all governments of law, must impose numerous limitations and qualifications of authority, and give many positive and many qualified rights. Every free government is necessarily complicated, because all such governments establish restraints, as well on the power of government itself as on that of individuals. If we will abolish the distinction of branches, and have but one branch; if we will abolish jury trials, and leave all to the judge; if we will then ordain that the legislator shall himself be that judge; and if we will place the executive power in the same hands, we may readily simplify government. We may easily bring it to the simplest of all possible forms, a pure despotism. But a separation of departments, so far as practicable, and the preservation of clear lines of division between them, is the fundamental idea in the creation of all our constitutions; and, doubtless, the continuance of regulated liberty depends on the maintaining of these boundaries.'

1 Works: Vol. 4, p. 122.

1

APPENDIX.

DOCUMENTS ILLUSTRATIVE OF THE GROWTH OF THE AMERICAN UNION.

“The most ingenious and the most eloquent of modern historical discourses can, after all, be nothing more than a comment on a text." - DR. E. A. FREEMAN.

I. THE MAYFLOWER COMPACT.—1620.

This compact was signed by the whole body of men, forty-one in number, belonging to the Pilgrim Company, on board the Mayflower, December 11, 1620, the day before the landing at Plymouth. Although not strictly germane to the general subject of these documents, it is introduced here as it is so frequently referred to in books on governSee Bancroft, Hist. U. S., Vol. I., p. 205, last edition; Hildreth, Hist. U. S., Vol. I., p. 158; Palfrey, Hist. New England, Vol. I., p. 162; Frothingham, Rise of the Republic, p. 15; Doyle, English Colonies I., Puritan Colonies, p. 158, and The American Government, Chap. I.

ment.

IN the name of God, Amen; We, whose names are underwritten, the loyall subjects of our dread soveraigne, King James, by the grace of God, of Great Britaine, France, and Ireland King, defender of the faith, etc., haveing undertaken, for the glorie of God, and advancemente of the Christian faith and honor of our king and countrie, a voyage to plant the first colonie in the Northerne parts of Virginia, doe, by these presents, solemnly and mutually, in the presence of God, and one of another, covenant and combine ourselves together into a civil body politick, for our better ordering and preservation and furtherance of the ends aforesaid; and, by vertue heareof, to enacte, constitute, and frame, such just and equall laws, ordenances, acts, constitutions and offices, from time to time, as shall be thought most meete and convenient for the generall good of the Colonie. Unto which we promise all due submission and obedience. In witnes whereof we have hereunder subscribed our names, at Cap Codd, the 11th of November, in the year of the raigne of our sovereigne lord, King James, of England, France, and Ireland the eighteenth, and of Scotland the fifty-fourth, Anno Domini, 1620.

II. THE NEW ENGLAND CONFEDERATION.-1643.

This Confederation was formed for protection against the Dutch on the Hudson River and the Indians. The original suggestion came from Connecticut in 1637. The Commissioners of Massachusetts Bay, Connecticut, and New Haven signed the articles May 19, 1643. Plymouth gave her approval later. Rhode Island was refused admission to the league for religious reasons. The United Colonies of New England were, therefore, four in number; they comprised at the time the Confederation was formed thirtynine towns and 24,000 people. The union of Connecticut and New Haven in 1662 destroyed the balance of power. The last meeting of the Commissioners was held at Hartford, September 5, 1684. says this Confederation “offers the first example of coalition in Colonial story, and showed to party leaders in after times the advantages of concert." See Palfrey, Vol. I., p. 623; Bancroft, Vol. I., p. 289; Hildreth, Vol. I., p. 285 ; Frothingham, p. 39; The American Government, Chap. IV.

The English historian Chalmers

ARTICLES OF CONFEDERATION.

Betweene the plantations vnder the Gouernment of the Massachusetts, the Plantacons vnder the Gouernment of New Plymouth, the Plantacons vnder the Gouernment of Connectacutt, and the Gouerniment of New Haven with the Plantacons in combinacon therewith.

WHEREAS wee all came into these parts of America with one and the same end and ayme, namely, to advaunce the kingdome of our Lord Jesus Christ, and to enjoy the liberties of the Gospell in puritie with peace. And whereas in our settleinge (by a wise Providence of God) we are further dispersed vpon the Sea Coasts and Riuers then was at first intended, so that we cannot according to our desire, with convenience, communicate in one Gouernment and Jurisdiccon. And whereas we live encompassed with people of seuerall Nations and strang languages which heareafter may proue injurious to vs or our posteritie. And forasmuch as the Natives have formerly committed sondry insolences and outrages vpon seueral Plantacons of the English and have of late combined themselues against vs. And seing by reason of those sad Distraccons in England, which they have heard of, and by which they know we are hindred from that

humble way of seekinge advise or reapeing those comfortable fruits of protection which at other tymes we might well expecte. Wee therefore doe conceiue it our bounden Dutye without delay to enter into a present consotiation amongst ourselues for mutual help and strength in all our future concernements: That as in Nation and Religion, so in other Respects we bee and continue one according to the tenor and true meaninge of the ensuing Articles: Wherefore it is fully agreed and concluded by and betweene the parties or Jurisdiccons aboue named, and they joyntly and seuerally doe by these presents agreed and concluded that they all bee, and henceforth bee called by the Name of the United Colonies of New-England.

II. The said United Colonies, for themselues and their posterities, do joyntly and seuerally, hereby enter into a firme and perpetuall league of friendship and amytie, for offence and defence, mutuall advise and succour, vpon all just occations, both for preserueing and propagateing the truth and liberties of the Gospel, and for their owne mutuall safety and wellfare.

III. It is further agreed That the Plantacons which at present are or hereafter shalbe settled within the limmetts of the Massachusetts, shalbe forever vnder the Massachusetts, and shall have peculiar Jurisdiccon among themselues in all cases as an entire Body, and that Plymouth, Connecktacutt, and New Haven shall eich of them haue like peculier Jurisdiccon and Gouernment within their limmetts and in referrence to the Plantacons which already are settled or shall hereafter be erected or shall settle within their limmetts respectiuely; prouided that no other Jurisdiccon shall hereafter be taken in as a distinct head or member of this Confederacon, nor shall any other Plantacon or Jurisdiccon in present being and not already in combynacon or vnder the Jurisdiccon of any of these Confederats be received by any of them, nor shall any two of the Confederats joyne in one Jurisdiccon without consent of the rest, which consent to be interpreted as is expressed in the sixth Article ensuinge.

IV. It is by these Confederats agreed that the charge of all just warrs, whether offensiue or defensiue, upon what part or member of this Confederaccon soever they fall, shall both in men and provisions, and all other Disbursements, be borne by all the parts of this Confederacon, in different proporcons according to their different abilitie, in manner following, namely, that the Commissioners for eich Jurisdiccon from tyme to tyme, as there shalbe occation, bring a true account and number of all the males in every Plantacon, or any way belonging to, or under their seuerall Jurisdiccons, of what quality or condicion soeuer they bee, from sixteene yeares old to threescore, being Inhabitants there. And That according to the different numbers which from tyme to tyme shalbe found in eich Jurisdiccon, upon