unless timely prevented. But this cannot be authoritatively determined by the amending done by restoring the government to its federal power. It may be done in various ways. character-however necessary that may be as a Among others, it might be effected through a first step. What has been done cannot be un- re-organization of the Executive Department; done. The equilibrium between the two sec- so that its powers, instead of being vested, as tions has been permanently destroyed by the they now are, in a single officer, should be measures above stated. The Northern section, vested in two, to be so elected, as that the two in consequence, will ever concentrate within should be constituted the special organs and itself the two majorities of which the govern- representatives of the respective sections in the ment is composed; and should the Southern be Executive Department of the government; and excluded from all the territories, now acquired, requiring each to approve of all the acts of or to be hereafter acquired, it will soon have Congress before they become laws. One might so decided a preponderance in the government be charged with the administration of matters and the Union, as to be able to mould the con- connected with the foreign relations of the stitution to its pleasure. Against this the res-country; and the other, of such as were contoration of the federal character of the govern- nected with its domestic institutions: the ment can furnish no remedy. So long as it con- selection to be decided by lot. Indeed it may tinues there can be no safety for the weaker sec-be doubted, whether the framers of the constition. It places in the hands of the stronger tution did not commit a great mistake, in conand the hostile section, the power to crush her stituting a single, instead of a plural executive. and her institutions; and leaves no alternative Nay, it may even be doubted whether a single but to resist, or sink down into a colonial con- magistrate, invested with all the powers prodition. This must be the consequence, if some perly appertaining to the Executive Department effectual and appropriate remedy is not applied. of the government, as is the President, is com"The nature of the disease is such, that patible with the permanence of a popular govnothing can reach it, short of some organic ernment; especially in a wealthy and populous change-a change which will so modify the con-community, with a large revenue, and a numestitution as to give to the weaker section, in some one form or another, a negative on the action of the government. Nothing short of this can protect the weaker, and restore harmony and tranquillity to the Union by arresting effectually the tendency of the dominant section to oppress the weaker. When the constitution was formed, the impression was strong that the tendency to conflict would be between the larger and smaller States; and effectual provisions were accordingly made to guard against. it. But experience has proved this to be a mistake; and that instead of being as was then supposed, the conflict is between the two great sections which are so strongly distinguished by their institutions, geographical character, productions and pursuits. Had this been then as clearly perceived as it now is, the same jealousy which so vigilantly watched and guarded against the danger of the larger States oppressing the smaller, would have taken equal precaution to guard against the same danger between the two sections. It is for us, who see and feel it, to do, what the framers of the constitution would have done, had they possessed period of the alleged "aggressions and encroachthe knowledge, in this respect, which experience ments." In 1835, when the first agitation manihas given to us; that is, to provide against the festo, and call for a Southern convention, and dangers which the system has practically de-invocation to unity and concert of action, came veloped; and which, had they been foreseen at

rous body of officers and employées. Certain it is, that there is no instance of a popular government so constituted which has long endured. Even ours, thus far, furnishes no evidence in its favor, and not a little against it: for, to it the present disturbed and dangerous state of things, which threaten the country with monarchy or disunion, may be justly attributed."

The observing reader, who may have looked over the two volumes of this View, in noting the progress of the slavery agitation, and its successive alleged causes for disunion, must have been struck with the celerity with which these causes, each in its turn, as soon as removed, has been succeeded by another, of a different kind; until, at last, they terminate in a cause which ignores them all, and find a new reason for disunion in the constitution itself! in that constitution, the protection of which had been invoked as sufficient, during the whole

the time, and left without guard, would un- forth in the Charleston Mercury, entitled "The doubtedly have prevented the States forming Crisis," the cause of disunion was then in the the Southern section of the confederacy, from abolition societies established in some of the ever agreeing to the constitution; and which, under like circumstances, were they now out of, would for ever prevent them entering into the Union. How the constitution could best be modified, so as to effect the object, can only be VOL II.-50

free States, and which these States were required to suppress. Then came the abolition petitions presented in Congress; then the mail transmission of incendiary publications; then the

abolition of slavery in the District of Columbia; guaranteed by the interest they have as mer

chants, as ship-owners, and as manufacturers, States. On the other hand, what madness in in preserving a union with the slaveholding the South to look for greater safety in disunion. It would be worse than jumping into the fire for fear of the frying-pan. The danment excited by them may be an overmatch for the dictates of prudence; and favor the project of a Southern convention, insidiously revived, as promising by its counsels the best security against grievances of every kind from the North."

then the abolition of the slave trade between the States; then the exclusion of slavery from Oregon; then the Wilmot Proviso; then the admission of California with a free constitution. Each of these, in its day, was a cause of disunion, to be effected through the instrumen-ger from the alarms is, that pride and resenttality of a Southern convention, forming a subconfederacy, in flagrant violation of the constitution, and effecting the disunion by establishing a commercial non-intercourse with the free States. After twenty years' agitation upon these points, they are all given up. The constitution, and the Union, were found to be a "mistake" from the beginning an error in their origin, and an impossibility in their future existence, and to be amended into another impossibility, or broken up at once.

Nullification, secession, and disunion were considered by Mr. Madison as synonymous terms, dangerous to the Union as fire to powder, and the danger increasing in all the Southern States, even Virginia. "Look at Virginia herself, and read in the Gazettes, and in the proceedings of popular meetings, the figure which the anarchical principle now makes, in contrast with the scouting reception given to it but a short time ago." Mr. Madison solaced himself with the belief that this heresy would not reach a majority of the States; but he had his misgivings, and wrote them down in the same paper, entitled, "Memorandum on nullification," written in his last days and published after his death. "But a susceptibility of the contagion in the Southern States is visible, and the danger not to be concealed, that the sympathy arising from known causes, and the inculcated impression of a permanent incompatibility of interests between the North and the South, may put it in the power of popular leaders, aspiring to the highest stations, to unite the South on some critical occasion, in a course that will end in creating a theatre of great though inferior extent. In pursuing this course, the first and most obvious step is nullification—the next, secession—and the last, a farewell separation. How near has this course been lately exemplified! and the danger of its recurrence, in the same or some other In June, 1833, at the first transfer of South-quarter, may be increased by an increase of ern agitation from tariff to slavery, Mr. Madison wrote to Mr. Clay:

The regular inauguration of this slavery agitation dates from the year 1835; but it had commenced two years before, and in this way: nullification and disunion had commenced in 1830 upon complaint against protective tariff. That being put down in 1833 under President Jackson's proclamation and energetic measures, was immediately substituted by the slavery agitation. Mr. Calhoun, when he went home from Congress in the spring of that year, told his friends, That the South could never be united against the North on the tariff question-that the sugar interest of Louisiana would keep her out—and that the basis of Southern union must be shifted to the slave question. Then all the papers in his interest, and especially the one at Washington, published by Mr. Duff Green, dropped tariff agitation, and commenced upon slavery; and, in two years, had the agitation ripe for inauguration on the slavery question. And, in tracing this agitation to its present stage, and to comprehend its rationale, it is not to be forgotten that it is a mere continuation of old tariff disunion; and preferred because more available.

restless aspirants, and by the increasing impracticability of retaining in the Union a large and cemented section against its will.” -So wrote Mr. Madison in the year 1836, in the 86th year of his age, and the last of his life. He wrote with the pen of inspiration, and

"It is painful to see the unceasing efforts to alarm the South, by imputations against the North of unconstitutional designs on the subject of slavery. You are right, I have no doubt, in believing that no such intermeddling disposition exists in the body of our Northern the heart of a patriot, and with a soul which brethren. Their good faith is sufficiently filled the Union, and could not be imprisoned in

one half of it. He was a Southern man! but his Southern home could not blind his mental vision to the origin, design, and consequences of the slavery agitation. He gives to that agitation, a Southern origin-to that design, a disunion end-to that end, disastrous consequences both to the South and the North.

Mr. Calhoun is dead. Peace to his manes. But he has left his disciples who do not admit of peace! who "rush in" where their master. "feared to tread." He recoiled from the disturbance of the Missouri compromise: they expunge it. He shuddered at the thought of bloodshed in civil strife: they demand three millions of dollars to prepare arms for civil war.

CHAPTER CXCIX.

THE SUPREME COURT: ITS JUDGES, CLERK, AT

TORNEY-GENERALS, REPORTERS AND MAR

SHALS DURING THE PERIOD TREATED OF IN

THIS VOLUME

CHIEF JUSTICE:- Roger Brooke Taney, of
Maryland, appointed in 1836: continues, 1850.

JUSTICES:-Joseph Story, of Massachusetts, appointed, 1811: died 1845.-John McLean, of Ohio, appointed, 1829: continues, 1850.-James M. Wayne, of Georgia, appointed, 1835: continues, 1850.—John Catron, of Tennessee, appointed, 1837: continues, 1850.-Levi Woodbury, of New Hampshire, appointed, 1845: continues, 1850.-Robert C. Grier, of Pennsylvania, appointed, 1846: continues, 1850.

min C. Howard, appointed, 1843: continues, 1850.

MARSHALS:-Alexander Hunter, appointed, 1834. - Robert Wallace, appointed, 1848.Richard Wallach, appointed, 1849.

CHAPTER CC.

CONCLUSION.

I HAVE finished the View which I proposed to take of the Thirty Years' working of the federal government during the time that I was a part of it—a task undertaken for a useful purpose, and faithfully executed, whether the object of the undertaking has been attained or not. The preservation of what good and wise men gave us, has been the object; and for that purpose it has been a duty of necessity to show the evil, as well as the good, that I have seen, both of men and measures. The good, I have exultingly exhibited! happy to show it, for the admiration and imitation of posterity: the evil, I have stintedly exposed, only for correction, and for the warning example.

I have seen the capacity of the people for self-government tried at many points, and always found equal to the demands of the occasion. Two other trials, now going on, remain to be decided to settle the question of that capacity. 1. The election of President! and whether that election is to be governed by the virtue and intelligence of the people, or to become the ATTORNEY-GENERALS:-Henry D. Gilpin, of spoil of intrigue and corruption? 2. The senPennsylvania, appointed, 1840.—John J. Crit- timent of political nationality! and whether it tenden, of Kentucky, appointed, 1841.-Hugh is to remain co-extensive with the Union, leadS. Legare, of South Carolina, appointed, 1841.ing to harmony and fraternity; or, divide into -John Nelson, of Maryland, appointed, 1843.- sectionalism, ending in hate, alienation, separaJohn Y. Mason, of Virginia, appointed, 1846. tion and civil war? -Nathan Clifford, of Maine, appointed, 1846.— Isaac Toucey, of Connecticut, appointed, 1848. -Reverdy Johnson, of Maryland, appointed, 1849.-John J. Crittenden, of Kentucky, appointed, 1850.

CLERK-William Thomas Carroll, of the District of Columbia, appointed, 1827: continues, 1850.

An irresponsible body (chiefly self-constituted, and mainly dominated by professional office-seekers and office-holders) have usurped the election of President (for the nomination is the election, so far as the party is concerned); and always making it with a view to their own profit in the monopoly of office and plunder.

REPORTERS OF DECISIONS:-Richard Peters, A sectional question now divides the Union, jr., of Pennsylvania, appointed, 1828.-Benja- | arraying one-half against the other, becoming

more exasperated daily-which has already even become instruments in the hands of their destroyed the benefits of the Union, and which, unless checked, will also destroy its form.

THE END.

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