I propose to consider these in the order stated.
There are few who will not admit, that the government has, in practice, departed, more or less, from its original character and structure — however great may be the diversity of opinion, as to what constitutes a departure — a diversity caused by the different views entertained in reference to its character and structure. They who believe that the government of the United States is a national, and not a federal government — or who believe that it is partly national and partly federal — will, of course, on the question — whether it has conformed to, or departed from its true theory — form very different opinions from those who believe that it is federal throughout. They who believe that it is exclusively national, very logically conclude, according to their theory, that the government has the exclusive right, in the last resort, to decide as to the extent of its powers, and to enforce its decisions against all opposition, through some one or all of its departments — while they who believe it to be exclusively federal, cannot consistently come to any other conclusion, than that the two governments — federal and State — are coequal and co-ordinate governments; and, as such, neither can possess the right to decide as to the extent of its own powers, or to enforce its own decision against that of the other. The case is different with those who believe it to be partly national, and partly federal. They seem incapable of forming any definite or distinct opinion on the subject — vital and important as it is.
