and have at their head a burgermaster. These deputies, usually about fifty, are bound to pay implicit obedience to the instructions of their constituents. The provincial states have their treasurer general, their pensioner and their secretary, of whom the two latter are always members of the states general.* Such, my lord, is the celebrated Belgic confederacy. The slightest glance will enable you to discover its numerous imperfections and its vast inferiority to the constitution of the American republic. Grotius has justly observed, that nothing but hatred of Austria, has prevented his countrymen from being ruined by the vices of their constitution; and when we consider the inequality of its representation, the jealousy of its provinces, the impossibility in some of the states of paying the contributions levied by their instrument of union, and the frequency with which the articles of the constitution are violated, it is a matter of wonder that it should have existed so long. The characters, says Mr. Madison, in his Federalist, which practice has stampt upon it, are, "imbecility in the government, discord among the provinces, foreign influence and indignities, a precarious existence in peace, and peculiar calamities from war." From the constitution of the United Netherlands to that of the Helvetic confederacy,t

*History of the United Provinces.

This Constitution has since been changed,

the transition is easy. This confederacy, according to the constitution adopted in 1803, is formed bythe union of the cantons of Switzerland. Each canton is an independent sovereignty, and is represented in the general diet by a deputy, to whom may be added one or more counsellors, who replace him in case of absence or sickness. Those deputies are

bound by the instruction of their constituents, and though but nineteen, have twenty-five votes in council. The diet assembles once in every year. It has the power to declare war and make peace, subject, however to the approbation of three-fourths of the cantons; to conclude treaties of commerce, and capitulations for foreign service, to permit foreign powers to recruit in any of the cantons, to levy troops, name the commanders, to appoint ambassadors, regulate the coin, and settle all disputes between the cantons. The avoyer or burgermaster of the directing canton is the president of the diet, who has the additional title of Landamman of Switzerland. This officer keeps the seal of the Helvetic republic, receives foreign ministers, and is the medium of diplomatic relations. He lays before the diet at the commencement of the session, whatever may concern the internal and external interests of the league. He can march troops from one canton to another, to suppress revolts, at the request of the great and little council of the canton in need. When differences arise between cantons in the recess of the diet, he appoints

conciliatory arbitrators, and signs all laws to vest them with a national character.*

1803.

Such is the outline of the constitution furnished by Napolean, and adopted by the Swiss cantons in It is much more perfect than the articles of confederation, by which they were formerly united, and which, as I have before observed, bore so strong a resemblance to the Amphyctionic league. The tyrant of Europe has conferred on the Swiss, at least, a benefit, they will perhaps always enjoy, if they cannot always appreciate it. Having thus, my lord, agreeably to my promise, given you a coup d'œil of the different confederacies of the ancient and modern world, for the purpose of enabling you the more easily to understand the constitution of the American government; let us now glance rapidly over the prominent traits of this sublime effort of human genius, and repose for a moment on the bosom of political excellence. The American confederacyt is constituted by the union of twenty states, each in itself separately considered sovereign and independent, and having its own executive, legislature, judiciary, local constitution and laws. These states are divided into congressional districts, which are each entitled to one representative, and every state, whatever be its size or population, can send two senators to the

*Macnevin's Switzerland and Helvetic Constitution.

The idea of a federal republic, says Tucker, was probably borrowed from Montesquieu. This is questionable.

national legislature. The powers not delegated to the United States by the constitution are reserved to the states respectively, or to the people. Representatives and direct taxes are apportioned among the states according to the census taken every ten years. The number of electors of president of the United States is, in each state, equal to the number of senators and representatives to which such state is entitled in congress. The citizens of one state have all the privileges of the citizens of the several states. No new-state can be created in another, nor formed by the union of two or more states, or part of states, without the consent of the legislatures of such states. Each state is entitled to the protection of the United States against foreign invasion or domestic violence; no amendment to the federal constitution can be valid unless sanctioned and ratified by the legislatures of at least three-fourths of the several states, two-thirds of whom, upon application to congress, can call a convention to propose amendments, which, when ratified as above, become a part of the constitution. Such are the features of this instrument in relation to the different states that constitute the American confederacy. You will perceive, that it is not only a social, but a federal compact. In its foundation it is federal, not national or social: the sources from which the ordinary powers of the government are drawn, is partly federal and partly national; in the operation of these powers,

it is national, not federal; in the extent of them, it is federal, not national; and finally, in the authoritative mode of introducing amendments, it is neither wholly federal, nor national."* In short, it is a written.compact, by which power is created and obedience enacted. The senators and representatives chosen from the different states, assemble at Washington, the seat of the general government, at least once in every year, and compose the congress of the United States, which, as I have before observed, consists of two houses, the senate and house of representatives. Each house makes its own rules, chooses its own officers, except the vice-president who is elected like the president of the United States; determines the election returns and qualifications of its own members, and keeps a journal of its own proceedings. The house of representatives originates all impeachments, and the senate tries them. In congress the legislative authority, or as Blackstone calls it, the sovereignty,t is lodged. To this body, the constitution has given these powers, which you will see defined in the 1st art. and 8th sec. of the copy of the instrument I send you.

It will be seen from an examination of the powers above mentioned, that they are all necessary and

*Federalist, p. 242. Gideon's Edition.

+ In this country the sovereign power is retained by the people. In each state the government is distributed into two branches internal and external; the former is confided in the state govern ment, the latter in the federal.