emissaries of the neighbouring kingdoms. The earl of Chesterfield (if my memory serves me right) in a letter to his court, intimates that his success in an important negotiation, must depend on his obtaining a major's commission for one of those deputies. And in Sweden, the parties were alternately bought by France and England, in so barefaced and notorious a manner that it excited universal disgust in the nation; and was a principal cause that the most limited monarch in Europe, in a single day, without tumult, violence, or opposition, became one of the most absolute and uncontrouled.

A circumstance, which crowns the defects of the confederation, remains yet to be mentioned-the want of a judiciary power. Laws are a dead letter without courts to expound and define their true meaning and operation. The treaties of the United States, to have any force at all, must be considered as part of the law of the land. Their true import, as far as respects individuals, must, like all other laws, be ascertained by judicial determinations. To produce uniformity in these determinations, they ought to be submitted in the last resort, to one SUPREME TRIBUNAL. And this tribunal ought to be instituted under the same authority which forms the treaties themselves. These ingredients are both indispensible. If there is in each state a court of final jurisdiction, there may be as many different final determinations on the same point, as there are courts. There are endless diversities in the opinions of men. We often see not only different courts, but the judges of the same court differing from each other. To avoid the confusion which would unavoidably result from the contradictory decisions of a number of independent judicatories, all nations have found it necessary to establish one court paramount to the rest, possessing a general superintendance, and authorised to settle and declare in the last resort an uniform rule of civil justice.

This is the more necessary where the frame of the government is so compounded, that the laws of the whole are in danger of being contravened by the laws of the parts. In this case, if the particular tribunals are invested with a right of ultimate jurisdiction, besides the contradictions to be expected from difference of opinion, there will be much to fear from the bias of local views and prejudices, and from the interference of local regulations. As often as such an interference was to happen, there would be reason to apprehend, that the

provisions of the particular laws might be preferred to those of the general laws; from the deference with which men in office naturally look up to that authority to which they owe their official existence. The treaties of the United States, under the present constitution, are liable to the infractions of thirteen different legislatures, and as many different courts of final jurisdiction, acting under the authority of those legislatures. The faith, the reputation, the peace of the whole union, are thus continually at the mercy of the prejudices, the passions, and the interests of every member of which it is composed. Is it possible that foreign nations can either respect or confide in such a government? Is it possible that the people of America will longer consent to trust their honor, their happiness, their safety, on so precarious a foundation?

In this review of the confederation, I have confined myself to the exhibition of its most material defects; passing over those imperfections in its details, by which even a considerable part of the power intended to be conferred upon it, has been in a great measure rendered abortive. It must be by this time evident to all men of reflection, who are either free from erronious prepossessions or can divest themselves of them, that it is a system so radically vicious and unsound, as to admit not of amendment but by an entire change in its leading features and characters.

The organization of congress, is itself utterly improper for the exercise of those powers which are necessary to be deposited in the union. A single assembly may be a proper receptacle of those slender, or rather fettered authorities, which have been heretofore delegated to the federal head; but it would be inconsistent with all the principles of good government, to intrust it with those additional powers which even the moderate and more rational adversaries of the proposed constitution admit, ought to reside in the United States. If that plan should not be adopted; and if the necessity of union should be able to withstand the ambitious aims of those men, who may indulge magnificent schemes of personal aggrandizement from its dissolution; the probability would be, that we should run into the project of confering supplementary powers upon congress as they are now constituted. And either the machine, from the intrinsic feebleness of its structure, will moulder into pieces in spite of our ill-judged efforts to prop it; or by successive augmentations of its force and energy,

as necessity might prompt, we shall finally accumulate in a single body, all the most important prerogatives of sovereignty; and thus entail upon our posterity, one of the most execrable forms of government that human infatuation ever contrived. Thus we should create in reality that very tyranny, which the adversaries of the ' new constitution either are, or affect to be solicitous to avert.

It has not a little contributed to the infirmities of the existing federal system, that it never had a ratification by the PEOPLE. Resting on no better foundation than the consent of the several legislatures, it has been exposed to frequent and intricate questions concerning the validity of its powers; and has in some instances given birth to the enormous doctrine of a right of legislative repeal. Owing its ratification to the law of a state, it has been contended, that the same authority might repeal the law by which it was ratified. However gross a heresy it may be to maintain that a party to a compact has a right to revoke that compact, the doctrine itself has had respectable advocates. The possibility of a question of this nature, proves the necessity of laying the foundations of our national government deeper than in the mere sanction of delegated authority. The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure original fountain of all legitimate authority.

PUBLIUS.

WASHINGTON IRVING

FROM

A HISTORY OF NEW YORK

It was in the year of our Lord 1629 that Mynheer Wouter Van Twiller was appointed governor of the province of Nieuw Nederlandts, under the commission and control of their High Mightinesses the Lords States General of the United Netherlands, and the privileged West India Company.

This renowned old gentleman arrived at New Amsterdam in the merry month of June, the sweetest month in all the year; when dan Apollo seems to dance up the transparent firmament,-when the

robin, the thrush, and a thousand other wanton songsters, make the wrods to resound with amorous ditties, and the luxurious little boblincon revels among the clover-blossoms of the meadows,-all which happy coincidence persuaded the old dames of New Amsterdam, who were skilled in the art of foretelling events, that this was to be a happy and prosperous administration.

The renowned Wouter (or Walter) Van Twiller was descended from a long line of Dutch burgomasters, who had successively dozed away their lives, and grown fat upon the bench of magistracy in Rotterdam; and who had comported themselves with such singular wisdom and propriety, that they were never either heard or talked of -which, next to being universally applauded, should be the object of ambition of all magistrates and rulers. There are two opposite ways by which some men make a figure in the world: one, by talking faster than they think, and the other, by holding their tongues and not thinking at all. By the first, many a smatterer acquires the reputation of a man of quick parts; by the other, many a dunderpate, like the owl, the stupidest of birds, comes to be considered the very type of wisdom. This, by the way, is a casual remark, which I would not, for the universe, have it thought I apply to Governor Van Twiller. It is true he was a man shut up within himself, like an oyster, and rarely spoke, except in monosyllables; but then it was allowed he seldom said a foolish thing. So invincible was his gravity that he was never known to laugh or even to smile through the whole course of a long and prosperous life. Nay, if a joke were uttered in his presence, that set light-minded hearers in a roar, it was observed to throw him into a state of perplexity. Sometimes he would deign to inquire into the matter, and when, after much explanation, the joke was made as plain as a pikestaff, he would continue to smoke his pipe in silence, and at length, knocking out the ashes, would exclaim, "Well! I see nothing in all that to laugh about."

With all his reflective habits, he never made up his mind on a subject. His adherents accounted for this by the astonishing magnitude of his ideas. He conceived every subject on so grand a scale that he had not room in his head to turn it over and examine both sides of it. Certain it is, that, if any matter were propounded to him on which ordinary mortals would rashly determine at first glance, he would put on a vague, mysterious look, shake his capacious head,

smoke some time in profound silence, and at length observe, that "he had his doubts about the matter"; which gained him the reputation of a man slow of belief and not easily imposed upon. What is more, it gained him a lasting name; for to this habit of the mind has been attributed his surname of Twiller; which is said to be a corruption of the original Twijfler, or, in plain English, Doubter.

The person of this illustrious old gentleman was formed and proportioned, as though it had been moulded by the hands of some cunning Dutch statuary, as a model of majesty and lordly grandeur. He was exactly five feet six inches in height, and six feet five inches in circumference. His head was a perfect sphere, and of such stupendous dimensions, that dame Nature, with all her sex's ingenuity, would have been puzzled to construct a neck capable of supporting it; wherefore she wisely declined the attempt, and settled it firmly on the top of his backbone, just between the shoulders. His body was oblong and particularly capacious at bottom; which was wisely ordered by Providence, seeing that he was a man of sedentary habits, and very averse to the idle labor of walking. His legs were short, but sturdy in proportion to the weight they had to sustain; so that when erect he had not a little the appearance of a beer-barrel on skids. His face, that infallible index of the mind, presented a vast expanse, unfurrowed by any of those lines and angles which disfigure the human countenance with what is termed expression. Two small gray eyes twinkled feebly in the midst, like two stars of lesser magnitude in a hazy firmament; and his full-fed cheeks, which seemed to have taken toll of everything that went into his mouth, were curiously mottled and streaked with dusky red, like a spitzenberg apple.

His habits were as regular as his person. He daily took his four stated meals, appropriating exactly an hour to each; he smoked and doubted eight hours, and he slept the remaining twelve of the fourand-twenty. Such was the renowned Wouter Van Twiller,-a true philosopher, for his mind was either elevated above, or tranquilly settled below, the cares and perplexities of this world. He had lived in it for years, without feeling the least curiosity to know whether the sun revolved round it, or it round the sun; and he had watched, for at least half a century, the smoke curling from his pipe to the ceiling, without once troubling his head with any of those numerous