in Congress or alternatively of a great majority of the legislatures of the distinct States composing the Union, and also ratification of amendments by three-fourths of the several States.  Thus we shall have to notice later that a “Constitutional Amendment” abolishing slavery became a terror of the future to many people in the slave States, but remained all the time an impossibility in the view of most people in the free States.

We have, above all things, to dismiss from our minds any idea that the Legislature of a State is subordinate to the Congress of the United States, or that a State Governor is an officer under the President.  The Constitution of the Union was the product of a half-developed sense of nationality.  Under it the State authority (in the American sense of “State”) and the Union or Federal authority go on side by side working in separate spheres, each subject to Constitutional restrictions, but each in its own sphere supreme.  Thus the State authority is powerless to make peace or war or to impose customs duties, for those are Federal matters.  But the Union authority is equally powerless, wherever a State authority has been constituted, to punish ordinary crime, to promote education, or to regulate factories.  In particular, by the Constitution as it stood till after the Civil War, the Union authority was able to prohibit the importation of slaves from abroad after the end of 1807, but had no power to abolish slavery itself in any of the States.

Further, Congress had to be constituted in such a manner as to be agreeable to the smaller States which did not wish to enter into a Union in which their influence would be swamped by their more populous neighbours.  Their interest was secured by providing that in the Senate each State should have two members and no more, while in the House of Representatives the people of the whole Union are represented according to population.  Thus legislation through Congress requires the concurrence of two forces which may easily be opposed, that of the majority of American citizens and that of the majority of the several States.  Of the two chambers, the Senate, whose members are elected for six years, and to secure continuity do not all retire at the same time, became as time went on, though not at first, attractive to statesmen of position, and acquired therefore additional influence.

Lastly, the Union was and is still the possessor of Territories not included in any State, and in the Territories, whatever subordinate self-government they might be allowed, the Federal authority has always been supreme and uncontrolled in all matters.  But as these Territories have become more settled and more populated, portions of them have steadily from the first been organised as States and admitted to the Union.  It is for Congress to settle the time of their admission and to make any conditions in regard to their Constitutions as States.  But when once admitted as States they have thenceforward