private
individuals, and they cannot be advantageously maintained without the
agency of a single head of a Government. The exclusive right of making
peace and war, of concluding treaties of commerce, of raising armies,
and equipping fleets, was granted to the Union. *h The necessity of
a national Government was less imperiously felt in the conduct of the
internal policy of society; but there are certain general interests
which can only be attended to with advantage by a general authority. The
Union was invested with the power of controlling the monetary system, of
directing the post office, and of opening the great roads which were to
establish a communication between the different parts of the country. *i
The independence of the Government of each State was formally recognized
in its sphere; nevertheless, the Federal Government was authorized
to interfere in the internal affairs of the States *j in a few
predetermined cases, in which an indiscreet abuse of their independence
might compromise the security of the Union at large. Thus, whilst
the power of modifying and changing their legislation at pleasure was
preserved in all the republics, they were forbidden to enact ex post
facto laws, or to create a class of nobles in their community. *k
Lastly, as it was necessary that the Federal Government should be able
to fulfil its engagements, it was endowed with an unlimited power of
levying taxes. *l
[Footnote h: See Constitution, sect. 8; "Federalist," Nos. 41 and 42;
Kent's "Commentaries," vol. i. p. 207; Story, pp. 358-382; Ibid. pp.
409-426.]
[Footnote i: Several other privileges of the same kind exist, such
as that which empowers the Union to legislate on bankruptcy, to
grant patents, and other matters in which its intervention is clearly
necessary.]
[Footnote j: Even in these cases its interference is indirect. The Union
interferes by means of the tribunals, as will be hereafter shown.]
[Footnote k: Federal Constitution, sect. 10, art. I.]
[Footnote l: Constitution, sects. 8, 9, and 10; "Federalist," Nos.
30-36, inclusive, and 41-44; Kent's "Commentaries," vol. i. pp. 207 and
381; Story, pp. 329 and 514.]
In examining the balance of power as established by the Federal
Constitution; in remarking on the one hand the portion of sovereignty
which has been reserved to the several States, and on the other the
share of power which the Union has assumed, it is evident that the
Federal legislators entertained th
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