The emanc.i.p.ated negroes, and those born after the abolition of slavery, do not, indeed, migrate from the north to the south; but their situation with regard to the Europeans is not unlike that of the aborigines of America; they remain half civilized, and deprived of their rights in the midst of a population which is far superior to them in wealth and in knowledge; where they are exposed to the tyranny of the laws,[246] and the intolerance of the people. On some accounts they are still more to be pitied than the Indians, since they are haunted by the reminiscence of slavery, and they cannot claim possession of a single portion of the soil: many of them perish miserably,[247] and the rest congregate in the great towns, where they perform the meanest offices, and lead a wretched and precarious existence.
But even if the number of negroes continued to increase as rapidly as when they were still in a state of slavery, as the number of whites augments with twofold rapidity since the abolition of slavery, the blacks would soon be, as it were, lost in the midst of a strange population.
A district which is cultivated by slaves is in general more scantily peopled than a district cultivated by free labor: moreover, America is still a new country, and a state is therefore not half peopled at the time when it abolished slavery. No sooner is an end put to slavery, than the want of free labor is felt, and a crowd of enterprising adventurers immediately arrive from all parts of the country, who hasten to profit by the fresh resources which are then opened to industry. The soil is soon divided among them, and a family of white settlers takes possession of each tract of country. Besides which, European emigration is exclusively directed to the free states; for what would be the fate of a poor emigrant who crosses the Atlantic in search of ease and happiness, if he were to land in a country where labor is stigmatized as degrading?
Thus the white population grows by its natural increase, and at the same time by the immense influx of emigrants; while the black population receives no emigrants, and is upon its decline. The proportion which existed between the two races is soon inverted. The negroes const.i.tute a scanty remnant, a poor tribe of vagrants, which is lost in the midst of an immense people in full possession of the land; and the presence of the blacks is only marked by the injustice and the hardships of which they are the unhappy victims.
In several of the western states the negro race never made its appearance; and in all the northern states it is rapidly declining. Thus the great question of its future condition is confined within a narrow circle, where it becomes less formidable, though not more easy of solution.
The more we descend toward the south, the more difficult does it become to abolish slavery with advantage: and this arises from several physical causes, which it is important to point out.
The first of these causes is the climate: it is well known that in proportion as Europeans approach the tropics, they suffer more from labor. Many of the Americans even a.s.sert, that within a certain lat.i.tude the exertions which a negro can make without danger are fatal to them;[248] but I do not think that this opinion, which is so favorable to the indolence of the inhabitants of southern regions, is confirmed by experience. The southern parts of the Union are not hotter than the south of Italy and of Spain;[249] and it may be asked why the European cannot work as well there as in the two latter countries. If slavery has been abolished in Italy and in Spain without causing the destruction of the masters, why should not the same thing take place in the Union? I cannot believe that Nature has prohibited the Europeans in Georgia and the Floridas, under pain of death, from raising the means of subsistence from the soil; but their labor would unquestionably be more irksome and less productive[250] to them than the inhabitants of New England. As the free workman thus loses a portion of his superiority over the slave in the southern states, there are fewer inducements to abolish slavery.
All the plants of Europe grow in the northern parts of the Union; the south has special productions of its own. It has been observed that slave labor is a very expensive method of cultivating corn. The farmer of corn-land in a country where slavery is unknown, habitually retains a small number of laborers in his service, and at seed-time and harvest he hires several additional hands, who only live at his cost for a short period. But the agriculturist in a slave state is obliged to keep a large number of slaves the whole year round, in order to sow his fields and to gather in his crops, although their services are only required for a few weeks; but slaves are unable to wait till they are hired, and to subsist by their own labor in the meantime like free laborers; in order to have their services, they must be bought. Slavery, independently of its general disadvantages, is therefore still more inapplicable to countries in which corn is cultivated than to those which produce crops of a different kind.
The cultivation of tobacco, of cotton, and especially of the sugar-cane, demands, on the other hand, unremitting attention: and women and children are employed in it, whose services are of but little use in the cultivation of wheat. Thus slavery is naturally more fitted to the countries from which these productions are derived.
Tobacco, cotton, and the sugar-cane, are exclusively grown in the south, and they form one of the princ.i.p.al sources of the wealth of those states. If slavery were abolished, the inhabitants of the south would be constrained to adopt one of two alternatives: they must either change their system of cultivation, and then they would come into compet.i.tion with the more active and more experienced inhabitants of the north; or, if they continued to cultivate the same produce without slave labor, they would have to support the compet.i.tion of the other states of the south, which might still retain their slaves. Thus, peculiar reasons for maintaining slavery exist in the south which do not operate in the north.
But there is yet another motive which is more cogent than all the others; the south might indeed, rigorously speaking, abolish slavery, but how should it rid its territory of the black population? Slaves and slavery are driven from the north by the same law, but this twofold result cannot be hoped for in the south.
The arguments which I have adduced to show that slavery is more natural and more advantageous in the south than in the north, sufficiently prove that the number of slaves must be far greater in the former districts.
It was to the southern settlements that the first Africans were brought, and it is there that the greatest number of them have always been imported. As we advance toward the south, the prejudice which sanctions idleness increases in power. In the states nearest to the tropics there is not a single white laborer; the negroes are consequently much more numerous in the south than in the north. And, as I have already observed, this disproportion increases daily, since the negroes are transferred to one part of the Union as soon as slavery is abolished in the other. Thus the black population augments in the south, not only by its natural fecundity, but by the compulsory emigration of the negroes from the north; and the African race has causes of increase in the south very a.n.a.logous to those which so powerfully accelerate the growth of the European race in the north.
In the state of Maine there is one negro in three hundred inhabitants; in Ma.s.sachusetts, one in one hundred; in New York, two in one hundred; in Pennsylvania, three in the same number; in Maryland, thirty-four; in Virginia, forty-two; and lastly, in South Carolina, fifty-five per cent.[251] Such was the proportion of the black population to the whites in the year 1830. But this proportion is perpetually changing, as it constantly decreases in the north and augments in the south.
It is evident that the most southern states of the Union cannot abolish slavery without incurring very great dangers, which the north had no reason to apprehend when it emanc.i.p.ated its black population. We have already shown the system by which the northern states secure the transition from slavery to freedom, by keeping the present generation in chains, and setting their descendants free; by this means the negroes are gradually introduced into society; and while the men who might abuse their freedom are kept in a state of servitude, those who are emanc.i.p.ated may learn the art of being free before they become their own masters. But it would be difficult to apply this method in the south. To declare that all the negroes born after a certain period shall be free, is to introduce the principle and the notion of liberty into the heart of slavery; the blacks, whom the law thus maintains in a state of slavery from which their children are delivered, are astonished at so unequal a fate, and their astonishment is only the prelude to their impatience and irritation. Thenceforward slavery loses in their eyes that kind of moral power which it derived from time and habit; it is reduced to a mere palpable abuse of force. The northern states had nothing to fear from the contrast, because in them the blacks were few in number, and the white population was very considerable. But if this faint dawn of freedom were to show two millions of men their true position, the oppressors would have reason to tremble. After having enfranchised the children of their slaves, the Europeans of the southern states would very shortly be obliged to extend the same benefit to the whole black population.
In the north, as I have already remarked, a two-fold migration ensues upon the abolition of slavery, or even precedes that event when circ.u.mstances have rendered it probable; the slaves quit the country to be transported southward; and the whites of the northern states as well as the emigrants from Europe hasten to fill up their place. But these two causes cannot operate in the same manner in the southern states.
On the one hand, the ma.s.s of slaves is too great for any expectation of their ever being removed from the country to be entertained; and on the other hand, the Europeans and the Anglo-Americans of the north are afraid to come to inhabit a country, in which labor has not yet been reinstated in its rightful honors. Besides, they very justly look upon the states in which the proportion of the negroes equals or exceeds that of the whites, as exposed to very great dangers; and they refrain from turning their activity in that direction.
Thus the inhabitants if the south would not be able, like their northern countrymen, to initiate the slaves gradually into a state of freedom, by abolishing slavery; they have no means of perceptibly diminishing the black population, and they would remain unsupported to repress its excesses. So that in the course of a few years, a great people of free negroes would exist in the heart of a white nation of equal size.
The same abuses of power which still maintain slavery, would then become the source of the most alarming perils, which the white population of the south might have to apprehend. At the present time the descendants of the Europeans are the sole owners of the land; the absolute masters of all labor; and the only persons who are possessed of wealth, knowledge, and arms. The black is dest.i.tute of all these advantages, but he subsists without them because he is a slave. If he were free, and obliged to provide for his own subsistence, would it be possible for him to remain without these things and to support life? Or would not the very instruments of the present superiority of the white, while slavery exists, expose him to a thousand dangers if it were abolished?
As long as the negro remains a slave, he may be kept in a condition not very far removed from that of the brutes; but, with his liberty, he cannot but acquire a degree of instruction which will enable him to appreciate his misfortunes, and to discern a remedy for them. Moreover, there exists a singular principle of relative justice which is very firmly implanted in the human heart. Men are much more forcibly struck by those inequalities which exist within the circles of the same cla.s.s, than with those which may be remarked between different cla.s.ses. It is more easy for them to admit slavery, than to allow several millions of citizens to exist under a load of eternal infamy and hereditary wretchedness. In the north, the population of freed negroes feels these hardships and resents these indignities; but its members and its powers are small, while in the south it would be numerous and strong.
As soon as it is admitted that the whites and the emanc.i.p.ated blacks are placed upon the same territory in the situation of two alien communities, it will readily be understood that there are but two alternatives for the future; the negroes and the whites must either wholly part or wholly mingle. I have already expressed the conviction which I entertain as to the latter event.[252] I do not imagine that the white and the black races will ever live in any country upon an equal footing. But I believe the difficulty to be still greater in the United States than elsewhere. An isolated individual may surmount the prejudices of religion, of his country, or of his race, and if this individual is a king he may effect surprising changes in society; but a whole people cannot rise, as it were, above itself. A despot who should subject the Americans and their former slaves to the same yoke, might perhaps succeed in commingling their races; but as long as the American democracy remains at the head of affairs, no one will undertake so difficult a task; and it may be foreseen that the freer the white population of the United States becomes, the more isolated will it remain.[253]
I have previously observed that the mixed race is the true bond of union between the Europeans and the Indians; just so the mulattoes are the true means of transition between the white and the negro; so that wherever mulattoes abound, the intermixture of the two races is not impossible. In some parts of America the European and the negro races are so crossed by one another, that it is rare to meet with a man who is entirely black or entirely white: when they are arrived at this point, the two races may really be said to be combined; or rather to have been absorbed in a third race, which is connected with both, without being identical with either.
Of all the Europeans the English are those who have mixed least with the negroes. More mulattoes are to be seen in the south of the Union than in the north, but still they are infinitely more scarce than in any other European colony: Mulattoes are by no means numerous in the United States; they have no force peculiar to themselves, and when quarrels originating in differences of color take place, they generally side with the whites, just as the lacqueys of the great in Europe a.s.sume the contemptuous airs of n.o.bility to the lower orders.
The pride of origin, which is natural to the English, is singularly augmented by the personal pride which democratic liberty fosters among the Americans: the white citizen of the United States is proud of his race, and proud of himself. But if the whites and the negroes do not intermingle in the north of the Union, how should they mix in the south?
Can it be supposed for an instant, that an American of the southern states, placed, as he must for ever be, between the white man with all his physical and moral superiority, and the negro, will ever think of preferring the latter? The Americans of the southern states have two powerful pa.s.sions, which will always keep them aloof; the first is the fear of being a.s.similated to the negroes, their former slaves; and the second, the dread of sinking below the whites, their neighbors.
If I were called upon to predict what will probably occur at some future time, I should say, that the abolition of slavery in the south, will, in the common course of things, increase the repugnance of the white population for the men of color. I found this opinion upon the a.n.a.logous observation which I already had occasion to make in the north. I there remarked, that the white inhabitants of the north avoid the negroes with increasing care, in proportion as the legal barriers of separation are removed by the legislature; and why should not the same result take place in the south? In the north, the whites are deterred from intermingling with the blacks by the fear of an imaginary danger; in the south, where the danger would be real, I cannot imagine that the fear would be less general.
If, on the one hand, it be admitted (and the fact is unquestionable), that the colored population perpetually acc.u.mulates in the extreme south, and that it increases more rapidly than that of the whites; and if, on the other hand, it be allowed that it is impossible to foresee a time at which the whites and the blacks will be so intermingled as to derive the same benefits from society; must it not be inferred, that the blacks and the whites will, sooner or later, come to open strife in the southern states of the Union? But if it be asked what the issue of the struggle is likely to be, it will readily be understood, that we are here left to form a very vague surmise of the truth. The human mind may succeed in tracing a wide circle, as it were, which includes the course of future events; but within that circle a thousand various chances and circ.u.mstances may direct it in as many different ways; and in every picture of the future there is a dim spot, which the eye of the understanding cannot penetrate. It appears, however, to be extremely probable, that, in the West India islands the white race is destined to be subdued, and the black population to share the same fate upon the continent.
In the West India islands the white planters are surrounded by an immense black population; on the continent, the blacks are placed between the ocean and an innumerable people, which already extends over them in a dense ma.s.s from the icy confines of Canada to the frontiers of Virginia, and from the banks of the Missouri to the sh.o.r.es of the Atlantic. If the white citizens of North America remain united, it cannot be supposed that the negroes will escape the destruction with which they are menaced; they must be subdued by want or by the sword.
But the black population which is acc.u.mulating along the coast of the gulf of Mexico, has a chance of success, if the American Union is dissolved when the struggle between the two races begins. If the federal tie were broken, the citizens of the south would be wrong to rely upon any lasting succor from their northern countrymen. The latter are well aware that the danger can never reach them; and unless they are constrained to march to the a.s.sistance of the south by a positive obligation, it may be foreseen that the sympathy of color will be insufficient to stimulate their exertions.
Yet, at whatever period the strife may break out, the whites of the south, even if they are abandoned to their own resources, will enter the lists with an immense superiority of knowledge and of the means of warfare: but the blacks will have numerical strength and the energy of despair upon their side; and these are powerful resources to men who have taken up arms. The fate of the white population of the southern states will, perhaps, be similar to that of the Moors in Spain. After having occupied the land for centuries, it will perhaps be forced to retire to the country whence its ancestors came, and to abandon to the negroes the possession of a territory, which Providence seems to have more peculiarly destined for them, since they can subsist and labor in it more easily than the whites.
The danger of a conflict between the white and the black inhabitants of the southern states of the Union--a danger which, however remote it may be, is inevitable--perpetually haunts the imagination of the Americans.
The inhabitants of the north make it a common topic of conversation, although they have no direct injury to fear from the struggle; but they vainly endeavor to devise some means of obviating the misfortunes which they foresee. In the southern states the subject is not discussed: the planter does not allude to the future in conversing with strangers; the citizen does not communicate his apprehensions to his friends: he seeks to conceal them from himself: but there is something more alarming in the tacit forebodings of the south, than in the clamorous fears of the northern states.
This all-pervading disquietude has given birth to an undertaking which is but little known, but which may have the effect of changing the fate of a portion of the human race. From apprehension of the dangers which I have just been describing, a certain number of American citizens have formed a society for the purpose of exporting to the coast of Guinea, at their own expense, such free negroes as may be willing to escape from the oppression to which they are subject.[254] In 1820, the society to which I allude formed a settlement in Africa, upon the 7th degree of north lat.i.tude, which bears the name of Liberia. The most recent intelligence informs us that two thousand five hundred negroes are collected there; they have introduced the democratic inst.i.tutions of America into the country of their forefathers; and Liberia has a representative system of government, negro-jurymen, negro-magistrates, and negro-priests; churches have been built, newspapers established, and, by a singular change in the vicissitudes of the world, white men are prohibited from sojourning within the settlement.[255]
This is indeed a strange caprice of fortune. Two hundred years have now elapsed since the inhabitants of Europe undertook to tear the negro from his family and his home, in order to transport him to the sh.o.r.es of North America; at the present day, the European settlers are engaged in sending back the descendants of those very negroes to the continent from which they were originally taken; and the barbarous Africans have been brought into contact with civilisation in the midst of bondage, and have become acquainted with free political inst.i.tutions in slavery. Up to the present time Africa has been closed against the arts and sciences of the whites; but the inventions of Europe will perhaps penetrate into those regions, now that they are introduced by Africans themselves. The settlement of Liberia is founded upon a lofty and a most fruitful idea; but whatever may be its results with regard to the continent of Africa, it can afford no remedy to the New World.
In twelve years the Colonization society has transported two thousand five hundred negroes to Africa; in the same s.p.a.ce of time about seven hundred thousand blacks were born in the United States. If the colony of Liberia were so situated as to be able to receive thousands of new inhabitants every year, and if the negroes were in a state to be sent thither with advantage; if the Union were to supply the society with annual subsidies,[256] and to transport the negroes to Liberia, there is little chance that the negro population of the United States would change.
In the South, however, this leaves two choices: either for the whites to remain in communities with the negroes, and to intermingle with them; or, remaining isolated from them, to keep them in a state of slavery as long as possible. All intermediate measures seem to me likely to terminate, and that shortly, in the most horrible of civil wars, and perhaps in the extirpation of one or other of the two races. Such is the view which the Americans of the south take of the question, and they act consistently with it. As they are determined not to mingle with the negroes, they refuse to emanc.i.p.ate them.
Not that the inhabitants of the south regard slavery as necessary to the wealth of the planter; for on this point many of them agree with their northern countrymen in freely admitting that slavery is prejudicial to their interests; but they are convinced that, however prejudicial it may be, they hold their lives upon no other tenure. The instruction which is now diffused in the south has convinced the inhabitants that slavery is injurious to the slave-owner, but it has also shown them, more clearly than before, that no means exist of getting rid of its bad consequences.
Hence arises a singular contrast; the more the utility of slavery is contested, the more firmly is it established in the laws; and while the principle of servitude is gradually abolished in the north, that self-same principle gives rise to more and more rigorous consequences in the south.
The legislation of the southern states, with regard to slaves, presents at the present day such unparalleled atrocities, as suffice to show how radically the laws of humanity have been perverted, and to betray the desperate position of the community in which that legislation has been promulgated. The Americans of this portion of the Union have not, indeed, augmented the hardships of slavery; they have, on the contrary, bettered the physical condition of the slaves. The only means by which the ancients maintained slavery were fetters and death; the Americans of the south of the Union have discovered more intellectual securities for the duration of their power. They have employed their despotism and their violence against the human mind. In antiquity, precautions were taken to prevent the slave from breaking his chains; at the present day measures are adopted to deprive him even of the desire of freedom. The ancients kept the bodies of their slaves in bondage, but they placed no restraint upon the mind and no check upon education; and they acted consistently with their established principle, since a natural termination of slavery then existed, and one day or other the slave might be set free, and become the equal of his master. But the Americans of the south, who do not admit that the negroes can ever be commingled with themselves, have forbidden them to be taught to read or to write, under severe penalties; and as they will not raise them to their own level, they sink them as nearly as possible to that of the brutes.
The hope of liberty had always been allowed to the slave to cheer the hardships of his condition. But the Americans of the south are well aware that emanc.i.p.ation cannot but be dangerous, when the freed man can never be a.s.similated to his former master. To give a man his freedom, and to leave him in wretchedness and ignominy, is nothing less than to prepare a future chief for a revolt of the slaves. Moreover, it has long been remarked, that the presence of a free negro vaguely agitates the minds of his less fortunate brethren, and conveys to them a dim notion of their rights. The Americans of the south have consequently taken measures to prevent slave-owners from emanc.i.p.ating their slaves in most cases; not indeed by a positive prohibition, but by subjecting that step to various forms which it is difficult to comply with.
I happened to meet with an old man, in the south of the Union, who had lived in illicit intercourse with one of his negresses, and had had several children by her, who were born the slaves of their father. He had indeed frequently thought of bequeathing to them at least their liberty; but years had elapsed without his being able to surmount the legal obstacles to their emanc.i.p.ation, and in the meanwhile his old age was come, and he was about to die. He pictured to himself his sons dragged from market to market, and pa.s.sing from the authority of a parent to the rod of the stranger, until these horrid antic.i.p.ations worked his expiring imagination into phrensy. When I saw him he was a prey to all the anguish of despair, and he made me feel how awful is the retribution of Nature upon those who have broken her laws.
These evils are unquestionably great; but they are the necessary and foreseen consequences of the very principle of modern slavery. When the Europeans chose their slaves from a race differing from their own, which many of them considered as inferior to the other races of mankind, and which they all repelled with horror from any notion of intimate connexion, they must have believed that slavery would last for ever; since there is no intermediate state which can be durable, between the excessive inequality produced by servitude, and the complete equality which originates in independence. The Europeans did imperfectly feel this truth, but without acknowledging it even to themselves. Whenever they have had to do with negroes, their conduct has either been dictated by their interest and their pride, or by their compa.s.sion. They first violated every right of humanity by their treatment of the negro; and they afterward informed him that those rights were precious and inviolable. They affected to open their ranks to the slave, but the negroes who attempted to penetrate into the community were driven back with scorn; and they have incautiously and involuntarily been led to admit of freedom instead of slavery, without having the courage to be wholly iniquitous, or wholly just.[257]
If it be impossible to antic.i.p.ate a period at which the Americans of the south will mingle their blood with that of the negroes, can they allow their slaves to become free without compromising their own security? And if they are obliged to keep that race in bondage, in order to save their own families, may they not be excused for availing themselves of the means best adapted to that end? The events which are taking place in the southern states of the Union, appear to be at once the most horrible and the most natural results of slavery. When I see the order of nature overthrown, and when I hear the cry of humanity in its vain struggle against the laws, my indignation does not light upon the men of our own time who were the instruments of these outrages; but I reserve my execration for those who, after a thousand years of freedom, brought back slavery into the world once more.
Whatever may be the efforts of the Americans of the south to maintain slavery, they will not always succeed. Slavery, which is now confined to a single tract of the civilized earth, which is attacked by Christianity as unjust, and by political economy as prejudicial, and which is now contrasted with democratic liberties and the information of our age, cannot survive. By the choice of the master or the will of the slave, it will cease; and in either case great calamities may be expected to ensue. If liberty be refused to the negroes of the south, they will in the end seize it for themselves by force; if it be given, they will abuse it ere long.
WHAT ARE THE CHANCES IN FAVOR OF THE DURATION OF THE AMERICAN UNION, AND WHAT DANGERS THREATEN IT.
Reasons why the preponderating Force lies in the States rather than in the Union.--The Union will only last as long as all the States choose to belong to it.--Causes which tend to keep them united.--Utility of the Union to resist foreign Enemies, and to prevent the Existence of Foreigners in America.--No natural Barriers between the several States.--No conflicting Interests to divide them.--Reciprocal Interests of the Northern, Southern, and Western States.--Intellectual ties of Union.--Uniformity of Opinions.--Dangers of the Union resulting from the different Characters and the Pa.s.sions of its Citizens.--Character of the Citizens in the South and in the North.--The rapid growth of the Union one of its greatest Dangers.--Progress of the Population to the Northwest.--Power gravitates in the same Direction.--Pa.s.sions originating from sudden turns of Fortune.--Whether the existing Government of the Union tends to gain strength, or to lose it.--Various signs of its Decrease.--Internal Improvement.--Waste Lands.--Indians.--The Bank.--The Tariff.--General Jackson.
The maintenance of the existing inst.i.tutions of the several states depends in some measure upon the maintenance of the Union itself. It is therefore important in the first instance to inquire into the probable fate of the Union. One point may indeed be a.s.sumed at once; if the present confederation were dissolved, it appears to me to be incontestable that the states of which it is now composed would not return to their original isolated condition; but that several Unions would then be formed in the place of one. It is not my intention to inquire into the principles upon which these new Unions would probably be established, but merely to show what the causes are which may effect the dismemberment of the existing confederation.
With this object I shall be obliged to retrace some of the steps which I have already taken, and to revert to topics which I have before discussed. I am aware that the reader may accuse me of repet.i.tion, but the importance of the matter which still remains to be treated is my excuse; I had rather say too much, than say too little to be thoroughly understood, and I prefer injuring the author to slighting the subject.
The legislators who formed the const.i.tution of 1789 endeavored to confer a distinct and preponderating authority upon the federal power. But they were confined by the conditions of the task which they had undertaken to perform. They were not appointed to const.i.tute the government of a single people, but to regulate the a.s.sociation of several states; and, whatever their inclinations might be, they could not but divide the exercise of sovereignty in the end.
In order to understand the consequences of this division, it is necessary to make a short distinction between the affairs of government.
There are some objects which are national by their very nature, that is to say, which affect the nation as a body, and can only be intrusted to the man or the a.s.sembly of men who most completely represent the entire nation. Among these may be reckoned war and diplomacy. There are other objects which are provincial by their very nature, that is to say, which only affect certain localities, and which can only be properly treated in that locality. Such, for instance, is the budget of munic.i.p.ality.
Lastly, there are certain objects of a mixed nature, which are national inasmuch as they affect all the citizens who compose the nation, and which are provincial inasmuch as it is not necessary that the nation itself should provide for them all. Such are the rights which regulate the civil and political condition of the citizens. No society can exist without civil and political rights. These rights therefore interest all the citizens alike; but it is not always necessary to the existence and the prosperity of the nation that these rights should be uniform, nor consequently, that they should be regulated by the central authority.
There are, then, two distinct categories of objects which are submitted to the direction of the sovereign power; and these categories occur in all well-const.i.tuted communities, whatever the basis of the political const.i.tution may otherwise be. Between these two extremes, the objects which I have termed mixed may be considered to lie. As these objects are neither exclusively national nor entirely provincial, they may be attained by a national or a provincial government, according to the agreement of the contracting parties, without in any way impairing the contract of a.s.sociation.