interest of Van Buren; and Ohio could bring no troops into the field.
Michigan proceeded to organise her state government, and sent her senators to Washington, during the session of 1835 and 1836. They were allowed to witness the proceedings, but not, of course, to vote. When I arrived at Detroit, the capital of Michigan, in the middle of June, 1836, the Governor told me that the Michiganians were in the singular position of having a state government in full operation, while they were excluded from the Union. The general opinion seemed to be that some concession must be made about the boundary line; in which case, Michigan would be admitted, in time to vote at the presidential election. I pursued my travels through and around the Territory; and when I returned to Detroit, a month afterwards, I found the place in a state of high excitement: an excitement fully warranted by the circumstances which had occurred.
Congress had acknowledged Michigan to be a sovereign State; and had offered to admit her into the Union, on condition of her surrendering all claim to the disputed portions of territory.
A grosser usurpation of power can hardly be conceived. Congress here usurped the function of the Supreme Court in passing sentence against Michigan: passing sentence, too, without hearing, or having a right to listen to, evidence on the case. Congress here required of Michigan to lay down her rights on the threshold of the Union, if she meant to be admitted. Mr. Adams intrepidly declared in the House of Representatives, that Michigan had more cause to ply the Nullification doctrine than South Carolina ever had. A South Carolina nullifier declared in conversation, that he believed the Michiganians' claims to be just: but that, sooner than give her the means of summoning another sovereign State before the Supreme Court, he would vote for her exclusion from the Union as long as he lives. A strange posture of affairs, where all justice seemed to be set aside, and the constitution to have become a dead letter!
The anxiety next was to know what Michigan would do. There seemed too many symptoms of yielding. It was mournful to those who felt that now was the time, now the opportunity, so often sighed for in the best moments of the best men, for making a heroic stand for the right, to hear the forebodings about the canal shares, the lake trade, the probable pecuniary loss in various ways, if there should be delay in the admission of Michigan into the Union. If we spoke of the constitution, we were answered with the canal. If we spoke of patriotism, we were answered with the surplus revenue--the share of it that would be lost.
Then, there were fears of war. We were told that the alternative was--admission, with its advantages, and a surrender of the contested lands; and exclusion, with war between infant Michigan and Ohio, backed by the United States. The alternative was rather, admission, with submission to unconstitutional force; or exclusion, with the lonely enjoyment of an honest sovereignty. But this was not the only alternative. Remaining out of the Union did not involve war. Michigan might remain out of the Union, peaceably, and under protest, till the people of the United States should become fully possessed of her case, and aroused to do her justice. It was with heartfelt delight that I found, at length, that this last honest course is that which Michigan has determined to pursue. It is so common for communities, as for individuals, to miss the moment for doing the greatest of their deeds, to have the bright object of their preceding worship eclipsed at the critical moment, to pray incessantly that they may be honest, and then stand aghast, after all, at an honest deed, that the meeting of the Convention which was to consider of this affair, was watched with deep anxiety by the friends of Michigan. We, their visitors, gathered hope from the tone of the Governor, and others with whom we conversed; from the aspect of the legislators who were assembled to discuss the Governor's message;--men with earnest and sensible faces, who looked as if they were aware that their liberties were at stake; and from the spirited conduct of Michigan from the beginning of the quarrel. Still, we were doubtful whether the canal, the surplus revenue, and the probable war, would not be too much for the fortitude of so young a people. They have shamed our fears, and made a stand for constitutional liberty, which will secure to them the gratitude of the Union, to the latest day of its existence. They have refused to enter the Union on the unconstitutional terms proposed. The people will see that they are honourably admitted, and that Congress is duly rebuked.
SECTION II.
THE EXECUTIVE.
The principle which is professed in the appointment of a chief magistrate in the United States is, that his removal is to be as easy as possible, and effected without disturbing for a moment the proceedings of government. Under the idea that this last must be impossible, some of the patriots of 1789 were opposed to the institution of the office of President altogether; and there are now some who desire that the chief magistrate should be, as nearly as possible, a cipher; that, for this purpose, his election should be annual; and that, if this cannot be, the term should continue to be four years, but without renewal. Such declare that the office was made for the man, Washington, who was wanted, to reconcile all parties. They maintain that, though it was, for a considerable time, well filled, it must become, sooner or later, dangerous to the public welfare: that it comprehends too much power for a citizen of a republic to hold, presents too high a stake, occupies too much thought, and employs too much endeavour, to the exclusion of better objects.
Some desire that the office should have a duration of six years, without renewal.
No one dreams of an attempt to hold the office for a third term; and there is every prospect that, if any President should be ambitious enough to desire a second re-election, he would fail, and descend from his high station with a total loss of honour.
Some think so highly of the dignity of the chief magistracy, as to propose that ex-presidents should be debarred from holding lower offices. This looks too like an approximation to the monarchical principle to be, or to become, a popular way of viewing the subject. It is a proposition of the high federalists. I was far more gratified than amused at seeing Mr. Adams daily in his seat in the House of Representatives, while the history of his administration was perpetually referred to by those who discussed the politics of the country with me.
I am aware that two interpretations may be put upon the fact of an ex-president desiring a lower office. It may occur from a patriotism which finds its own dignity in the welfare of its country, or from a restless ambition to be in the public eye. In either case, it seems to be no matter for a fixed rule. The republican principle supposes every man to be at all times ready to serve his country, when called upon. The rest must be left to the character of the man, and the views of his constituents.
Others think so much more highly of the dignity of the Senate than of the executive, as to desire that senators should be ineligible for the office of President. The object here is two-fold: to exalt the Senate; and, by making half a hundred offices higher in honour than that of President, to drain off some of the eager ambition which flows in the direction of the executive function. But power is more alluring than honour; and executive offices will always be objects of choice, in preference to legislative, except with a very small class of men.
Besides, the Senate is already further removed from the control of the people, than consistency with the true republican principle allows: and if the people are to be precluded from choosing their chief magistrate from among the fifty wisest men (as the senators are in theory) that the States can choose for the guardianship of their interests, the dignity of both functions would be much lowered. In theory, the people's range of choice for their chief magistrate is to extend from the vice-president's chair to the humblest abode which nestles in the rocks of their eastern coasts, or overlooks the gulf of Mexico. The honour in which the Senate is held must depend on its preserving the character, which, on the whole, it has hitherto maintained. A nobler legislative body, for power and principle, has probably never been known.
Considering the number of individuals of whom it is composed, its character has, perhaps, been as remarkable as that of the noble array of Presidents, of which the United States have to boast. If, amidst its indirect mode of election, and long term of office, it should prove equally stable in principle, and flexible in its methods of progress, it may yet enjoy a long term of existence, as honourable as could be secured by any exclusion of its members from other offices in the commonwealth.
By far the greatest apprehension connected with the President's office, relates to the extent of his patronage. It was highly alarming, at first, to hear all that was said about the country being ridden with administration-officers, and office-expectants. A little arithmetic, however, proved very cheering. The most eminent alarmist I happened to converse with, stated the number of persons directly and indirectly interested in the bestowment of office by the executive, to be 150,000.
No exact calculation can be made, since no one can do more than conjecture how many persons at a time are likely to be in expectation of any one office. But the above may be taken as the widest exaggeration which an honest alarmist can put forth. This class of interested persons is, after all, but a small section of the population. There is every reason to fear that official corruption is abundant under all governments; and, for some reasons which will be easily apprehended, remarkably so under the government of the United States; but, when it is considered how small a proportion of the people is, at any time, interested in office, and how many persons in office are to be, in fairness, supposed honest, the evil of executive patronage diminishes to the imagination so rapidly as to induce a suspicion that many who say the most about it are throwing a tub to the whale. The watchfulness on the executive power thus induced is a benefit which will set off against a great amount of alarm. It will assist the people to find the true mean between their allowing the President too much power over the servants who are to transact their business, and their assuming too much control over the servants who are to transact his.
Difficult as it is to resist impressions on the spot, from all that is said about the power of the executive, and the character of the President of the time, the worst alarms are derided by the event. It does not appear as if the President could work any permanent effect upon the mind and destiny of the nation. It is of great consequence to the morals and prosperity of the season, that the chief magistrate should be a man of principle, rather than expediency; a frank friend of the people, rather than their cunning flatterer; a man of sense and temper, rather than an angry bigot; a man of business, rather than a blunderer.
But the term of an unworthy or incapable President is pretty sure to be the shortest; and, if permitted to serve his eight years, he can do little unless he acts, on the whole, in accordance with the mind of the people. If he has any power, it is because the people are with him: in which case, he cannot be very destructive to their interests. If he does not proceed in accordance with public sentiment, he has no power. A brief review of the course of the American Presidents seems to show that their influence subsides into something very weak and transitory; always excepting that immeasurable and incalculable influence which is breathed forth through the remotest generations, by the personal character of conspicuous individuals.
Washington's influence is a topic which no one is ever hardy enough to approach, in the way of measurement or specification. Within the compass of his name lies more than other words can tell of his power over men.
When the British officers were passing up the Potomac, in the last war, to perpetrate as dastardly a deed of spoliation at the capital as ever it was the cruel fate of soldiers to be ordered to do, they desired to be told when they were passing the burial place of Washington, and stood uncovered on deck as long as they were within sight of Mount Vernon. Any in England who happen to know how deeply disgraced their country was by the actors in this expedition, will feel what the power must have been which, breathing from that shore, humanised for the hour the cowardly plunderers as they floated by. But it was Washington, the man, not the President, who moved them to uncover their heads. It is Washington, the man, not the President, whose name is lovingly spoken, whose picture smiles benignly in every inhabited nook of his own congregation of republics. It is even Washington, the man, not the President, whose name is sacred above all others, to men of all political parties. It was Washington, the man, who united the votes of all parties in his presidentship, since, so far from pretending to agree with all, he took and left, without fear or favour, what convictions he could or could not adopt from each. The one impression which remains of his presidentship is its accordance with himself. Had it been, in any respect, a lower self, there would have been little left of Washington in the people now.
Adams came in by the strength of the federal party. Supported by the slave States, and all the federalism of the north, he had the means, if any President ever had, of leaving a strong and permanent impression on the face of affairs. He filled up his offices with federalists.
Everything during his term of office favoured the influence of the federalists. The nation was almost beside itself with panic at the political convulsions of Europe. Yet, notwithstanding all this, and Mr.
Adams's great weight of character, giving influence to his partialities, the people revealed themselves, in the choice of his successor, staunchly republican.
Jefferson's influence was greater than that of any other President, except Washington; and the reason is, that his convictions went along with the national mind. If Jefferson, with the same love of the people, the same earnestness of temper, and grace of manners, had been in any considerable degree less democratic, he might have gone creditably through his term, and have been well spoken of now; but he would not have been the honourable means of two successors of the same principles with himself, being brought in; nor would he have lain, as he now does, at the very heart of the people. At the outset, his state-rights principle secured him the south, and his philanthropic, democratic principles, the north. He was popular, almost beyond example. His popularity could scarcely be increased; but it has never declined. The common charges against him, of irreligion, of oppression in the management of his patronage, of disrespect to his predecessors, are falling into oblivion, while his great acts remain. As to his religion, whatever might be his creed, its errors or deficiencies, these are still matters of disagreement among the wise and good; and it is certain that Jefferson viewed all the realities that came within his ken, with that calm earnestness which is the true religious spirit. As to the removals from office, which are still complained of, it should be remembered that his predecessor had filled as many offices as possible with high federalists, many of whom provoked their own discharge by their activity against the government they professed to serve. There is no evidence that Jefferson went beyond his own principle; and a principle is no matter of reproach, though it may be of controversy. He says, "Mr.
Adams's last appointment, when he knew he was naming counsellors and aids for me and not for himself, I shall set aside as far as depends on me. Officers who have been guilty of gross abuses of office, such as marshals packing juries, &c., I shall now remove, as my predecessor ought in justice to have done. The instances will be few, and governed by strict rule, and not party passion. The right of opinion shall suffer no invasion from me."--"The remonstrance laments that a change in the administration must produce a change in the subordinate officers; in other words, that it should be deemed necessary for all officers to think with their principal. But on whom does this imputation bear? On those who have excluded from office every shade of opinion which was not their's? or on those who have been so excluded? I lament sincerely that unessential differences of opinion should ever have been deemed sufficient to interdict half the society from the rights and blessings of self-government, to proscribe them as unworthy of every trust. It would have been to me a circumstance of great relief, had I found a moderate participation of office in the hands of the majority. I would gladly have left to time and accident to raise them to their just share.
But their total exclusion calls for prompter corrections. I shall correct the procedure: but, that done, return with joy to that state of things, when the only questions concerning a candidate shall be, Is he honest? Is he capable? Is he faithful to the constitution?"[5] As to his disrespect to Washington and Adams, it should be remembered what the party heats of the day were; how Washington's cabinet was divided between France, war, and general liberty; and neutrality, peace, and care of the people at home. With such a theme of quarrel, it would have been a wonder if hasty words had not been sometimes spoken on all sides. Jefferson's ultimate opinion of Washington, written in confidence to a friend, in 1814, has happily come to light. At the close, he says, "These are my opinions of General Washington, which I would vouch at the judgment-seat of God, having been formed on an acquaintance of thirty years." One extract is enough: "On the whole, his character was, in its mass, perfect; in nothing bad, in few things indifferent; and it may truly be said, that never did nature and fortune combine more perfectly to make a man great, and to place him in the same constellation with whatever worthies have merited from man an everlasting remembrance."[6] The friendship in old age between himself and Mr. Adams, and the moral and intellectual beauty of their close correspondence, are a spectacle in sight of which all prior party misunderstandings should be forgotten.
There is one infallible test by which to try old men who have had much to do in the world. If their power and privilege of admiration survive their knowledge of the world, they are true-hearted; and they occasion as much admiration as they enjoy. Jefferson stands this test.
His great acts are much heard of. The reduction of taxes and correction of abuses with which he began his administration; his having actually done something against slavery; his invariable decision for advocacy or opposition, in accordance with the true democratic principle, are now spoken of more frequently than things less worthy to be remembered. His influence has been greater than that of any other President since Washington, exactly in proportion to his nearer approach to the national idea of a chief magistrate.
No great change took place during the administration of his two successors, Madison and Monroe. They were strong in the strength of his principles, and of their own characters. Madison's term of office would have been memorable in history, if he had not immediately followed his friend Jefferson. Their identity of views, put into practice by Madison, with the simplest honesty and true modesty, caused less observation than the same conduct immediately succeeding a federal administration would have done. Hence the affectation, practised by some, of calling Madison a tool of Jefferson. Those who really knew Mr. Madison and his public life, will be amused at the idea of his being anybody's tool.
The reason why John Quincy Adams's administration is little notorious is somewhat of the same nature. He was a pure President; a strictly moral man. His good morality was shown in the devotion of his fine powers to the faithful conduct of evanescent circumstances. His lot was that of all good Presidents in the quiet days of the republic. He would not use his small power for harm; and possessed no very great power for political good.
General Jackson was brought into office by an overpowering majority, and after a series of strong party excitements. If ever there was a possibility of a President marking his age, for good or for evil, it would have been done during Jackson's administration. He is a man made to impress a very distinct idea of himself on all minds. He has great personal courage, much sagacity, though frequently impaired by the strength of his prejudices, violent passions, an indomitable will, and that devotion to public affairs in which no President has ever failed.
He had done deeds of war which flattered the pride of the people; and in doing them, he had acquired a knowledge of the people, which has served him instead of much other knowledge in which he is deficient. He has known, however, how to obtain the use, though not the reputation, of the knowledge which he does not possess. Notwithstanding the strength of his passions, and the awkward positions in which he has placed himself by the indulgence of his private resentments, his sagacity has served him well in keeping him a little way a-head of the popular convictions. No physician in the world ever understood feeling the pulse, and ordering his practice accordingly, better than President Jackson. Here are all the requisites for success in a tyrannical administration. Even in England, we heard rumours in 1828, and again in 1832, about the perils of the United States, under the rule of a despotic soldier. The cry revived with every one of his high-handed deeds; with every exercise of the veto,--which he has used oftener than all the other Presidents put together,--with every appointment made in defiance of the Senate; with the removal of the deposites; with his messages of menace to the French government. Yet to what amounts the power now, at the close of his administration, of this idol of the people, this man strong in war, and subtle in council, this soldier and statesman of indomitable will, of insatiable ambition, with the resources of a huge majority at his disposal? The deeds of his administration remain to be justified in as far as they are sound, and undone if they are faulty. Meantime, he has been able to obtain only the barest majority in the Senate, the great object of his wrath: he has been unable to keep the slavery question out of Congress,--the introduction of which is by far the most remarkable event of his administration. One of the most desponding complaints I heard of his administration was, not that he had strengthened the general government--not that his government had tended to centralisation--not that he had settled any matters to his own satisfaction, and left the people to reconcile themselves to his pleasure as they best might,--but that every great question is left unsettled; that it is difficult now to tell any party by its principles; that the principles of such affairs as the currency, land, slavery, internal improvements, &c. remain to be all argued over again.
Doubtless, this will be tiresome to such public men as have entirely and finally made up their minds on these subjects. To such, nothing can well be more wearisome than discussion and action, renewed from year to year.
But the very fact that these affairs remain unsettled, that the people remain unsatisfied about them, proves that the people have more to learn, and that they mean to learn it. No true friend of his country would wish that the questions of slavery and currency should remain in any position that they have ever yet occupied in the United States; and towards the settlement of the latter of the two, as far as light depends on collision of opinions, it is certain that no man has done so much, whether he meant it or not, as President Jackson. The occasional breaking up and mingling of parties is a necessary circumstance, whether it be considered an evil or a good. It may be an evil, in as far as it affords a vantage-ground to unprincipled adventurers; it is a good, in as far as it leads to mutual understanding, and improves the candour of partisans. For the rest, there is no fear but that parties will soon draw asunder, with each a set of distinctive principles as its badge.
Meantime, men will have reason to smile at their fears of the formidable personage, who is now descending from the presidential chair; and their enthusiasm will have cooled down to the temperature fixed by what the event will prove to have been his merits. They will discuss him by their firesides with the calmness with which men speak of things that are past; while they keep their hopes and fears to be chafed up at public meetings, while the orator points to some rising star, or to some cloud no bigger than a man's hand. Irish emigrants occasionally fight out the battle of the Boyne in the streets of Philadelphia; but native Americans bestow their apprehensions and their wrath upon things future; and their philosophy upon things past. While they do this, it will not be in the power of any President to harm them much or long.
SECTION III.
STATE GOVERNMENTS.
Never, perhaps, did statesmen begin their task of constitution-making with so much aid from preceding circumstances as the great men of the Revolution. A social neighbourhood of colonies, all suffering under colonial grievances, and all varying in their internal government, afforded a broad hint of the present system, and fine facilities for putting it in practice. There was much less speculation in the case than might appear from a distance; and this fact so far takes away from the superhuman character of the wisdom which achieved the completion of the United States' constitution, as to bring the mind down from its state of amazement into one of very wholesome admiration.
The state governments are the conservative power, enabling the will of the majority to act with freedom and convenience. Though the nation is but an aggregation of individuals, as regards the general government, their division into States, for the management of their domestic affairs, precludes a vast amount of confusion and discord. Their mutual vigilance is also a great advantage to their interests, both within each State, and abroad. No tyrant, or tyrannical party, can remain unwatched and unchecked. There is, in each State, a people ready for information and complaint, when necessary; a legislature ready for deliberation; and an executive ready to act. Many States, in other ages and regions, have been lost through the necessity of creating their instruments when they should have been acting. State organisation is never managed without dispute; and it makes the entire difference in the success of resistance to aggression whether the necessary apparatus has to be created in haste and confusion, or whether everything is in readiness for executing the will of the majority.
Under no other arrangement, perhaps, could the advantage be secured of every man being, in his turn, a servant of the commonwealth. If the general government managed everything, the public service would soon become the privilege of a certain class, or a number of classes of men; as is seen to be the case elsewhere. The relation and gradation of service which are now so remarkable a feature in the United States commonwealth, could never then happen naturally, as they now do. Almost every man serves in his township in New England, and in the corresponding ward or section elsewhere; and has his capability tried; and, if worthy, he serves his county, his State, and finally the Union, in Congress. Such is the theory: and if not followed up well in practice, if some of the best men never get beyond serving their township, and some of the worst now and then get into Congress, the people are unquestionably better served than if the selection of servants depended on accident, or the favour of men in power. Whatever extraneous impediments may interfere with the true working of the theory, every citizen feels, or ought to feel, what a glorious career may lie before him. In his country, every road to success is open to all. There are no artificial disqualifications which may not be surmounted. All _humbug_, whether of fashion and show, of sanctimoniousness, of licentiousness, or of anything else, is there destined to speedy failure and retribution. There is no hereditary humbug in the United States. If the honest, wise man, feels himself depressed below the knave, he has, if he did but know it, only to wait patiently a little while, and he will have his due. Though truth is equally great everywhere, and equally sure ultimately to prevail, men of other countries have often to wait till they reach the better country than all, before they witness this ultimate prevalence, except with the eye of faith. The young nation over the Atlantic, is indulged, for the encouragement, with a speedier retribution for her well or ill doings; and almost every one of her citizens, if he be truly honourable, may trust to be fitly honoured before he dies.
Another conservative effect of the state governments is the facilities they afford for the correction of solecisms, the renovation of institutions as they are outgrown, and the amendment of all unsuitable arrangements. If anything wants to be rectified in any State, it can be done on the mere will of the people concerned. There is no imploring of an uninterested government at a distance--a government so occupied with its foreign relations as to have little attention to spare for domestic grievances which it does not feel. There is no waiting any body's pleasure; nobody's leave to ask. The remedy is so close at hand, those who are to give it are so nearly concerned, that it may always, and, for the most part, speedily, be obtained, upon good cause being shown. No external observance is needed, except of the few and express prohibitions which the general and state governments have interchanged.
It is amusing to look over the proceedings of the state legislatures for any one year. Maine amends her libel law, decreeing that proof of truth shall be admitted as justification. Massachusetts decrees a revision and consolidation of her laws, and the annihilation of lotteries. Rhode Island improves her quarantine regulations. Connecticut passes an act for the preservation of corn-fields from crows. Vermont decrees the protection of the dead in their graves. New York prohibits the importation of foreign convicts. New Jersey incorporates a dairy company. Pennsylvania mitigates the law which authorises imprisonment for debt. Maryland authorises a geological survey. Georgia enlarges her law of divorce. Alabama puts children, in certain circumstances, under the protection of chancery. Mississippi decrees a census. Tennessee interdicts barbacues in the neighbourhood of camp meetings. Ohio regulates the care of escheated lands. Indiana prohibits a higher rate of interest than ten percent. Missouri authorises the conveyance of real estate by married women. And so on. It seems difficult to imagine how many abuses can reach an extreme, or be tardy of cure, where the will of the majority is not only speedily made known, but where the division of employment is so skilfully arranged that the majority may be trusted to understand the case on which they are to decide.
It has always appeared to me that much misapprehension is occasioned by its being supposed that the strength of the general government lies in the number of its functions; and its weakness in the extent of its area.
To me it appears directly the reverse. A government which has the management of all the concerns of a people, the greater and the smaller, preserves its stability by the general interest in its more important functions. If you desire to weaken it, you must withdraw from its guardianship the more general and important of its affairs. If you desire to shield it from cavil and attack, you must put the more local and partial objects of its administration under other management. If the general government of the United States had to manage all legislation and administration within their boundaries, it could hardly hold together one year. If it had only one function, essential to all, and impossible to be otherwise fulfilled, there seems no reason why it should not work prosperously till there are fifty States around it, and longer. The importance of the functions of the general government depends partly upon the universality of the interest in them; and partly upon the numbers included under them. So far, therefore, from the enlargement of the area of the United States being perilous to the general government, by making it "cumbrous," as many fear, it seems to me likely to work a directly contrary effect. There are strong reasons why an extension of her area would be injurious to her, but I cannot regard this as one. A government which has to keep watch over the defence, foreign policy, commerce, and currency, of from twenty-five to fifty small republics, is safer in the guardianship of its subjects than if it had to manage these same affairs for one large republic, with the additional superintendence of its debtors, its libellers, and the crows of its corn-fields.
Little or no room for rebellion seems to be left under the constitution of the United States. In the progress of human affairs, familiar evils expire with worn-out institutions, and new dangers arise out of the midst of renovated arrangements. Assassinations are the form which resistance to government assumes in pure despotisms. Rebellion is the name it bears under governments somewhat more liberal. In the United States, nothing worse than professed Nullification has yet been heard of--unless Colonel Burr's secret schemes were indeed treasonable. A brief account of the South Carolina Nullification may exhibit the relations, and occasional enmities of the general and states government in a clearer way than could be done, otherwise than by a narrative of facts. This little history shows, among many other things, that America follows the rest of the world in quoting the constitution as a sanction of the most opposite designs and proceedings: what different sympathies respond to the word "patriotism;" and of how little avail is the letter of the constitution, when there is variance as to its spirit.
Georgia laid claim, some years ago, to the Cherokee territory, on the ground that the United States had no right to make the laws and treaties