half times the earth's mean distance. Dr. Oppolzer has just concluded a similar investigation for Winnecke's comet.* He finds that its motion is altered in the same way as that of Encke's comet, and the value of the resisting force is found to be almost the same as that found by Encke. Dr. Oppolzer goes further, and shows that, granting the existence of such a resisting force, its effect upon the motion of Faye's comet would be so small as to be confounded with uncertainties of the computed perturbations. The existence of the resisting medium is now rendered quite probable. The question will be definitively settled by computations now in progress upon the other comets of short period.

The buildings for the new observatory of the University of Strasburg have been completed, and a description and plates of them made by the director, Dr. Winnecke. The principal instru

ments are:

1. A meridian circle by Repsold; aperture 162 mm. (64 inches). 2. An altazimuth by Repsold; aperture 136 mm. (5.4 inches). 3. A refractor by Merz; aperture 487 mm. (20.2 inches).

4. An orbit-sweeper by Repsold; aperture 163 mm. (6·4 inches). There are three buildings-one large one, containing the residences of the astronomers, and two smaller.

On the main building is the large iron dome, some thirty-nine feet in diameter. There are two novelties in its construction: First, the shutters to the dome are made in two parts and extend from horizon to horizon. They are opened symmetrically by screws, and leave the whole 180° open at once. Secondly, the dome, which weighs about ninety thousand pounds, is turned by means of heavy weights which are wound up from time to time as required. A touch from the observer will release these, and their fall will turn the dome right or left as required. The working of this dome will be attentively regarded, as most of the difficulties of such structures appear to have been successfully avoided.

EDWARD S. HOLDEN.

*Astronomische Nachrichten.

"Die neue Strassburger Universitäts Sternwarte, von A. Winnecke, Vierteljahrsschrift der Astron. Gesell," 1879, p. 328.

NORTH AMERICAN REVIEW.

No. CCLXXXVIII.

NOVEMBER, 1880.

THE MONARCHICAL PRINCIPLE IN OUR CONSTITUTION.

THE people of the States of the American Union are, and have been since the declaration of their independence, subject to two governments-that of the individual States, and a Federal or national Government. Even before the American Revolution, and while the States were still English colonies, there existed in each province a Legislature composed of two Chambers. The House of Representatives was in all cases elected by the inhabitants, though in the greater part of the colonies the Upper House, as well as the Governor, who exercised, with or without a Council, the executive power, were named by the Crown, or by proprietors residing in England, to whom, in some of the provinces, had been accorded almost sovereign rights. At the epoch of the Revolution these governments were replaced by Constitutions adopted by the people, and based on their ancient usages. Governors and Councils and elective Senates were substituted for the officers named by the King or by the proprietors. Connecticut, however, preserved her government as established by the charter of Charles II till 1818, and Rhode Island hers till 1842. In these two States the inhabitants had alway selected the Governors, as well as the two branches of the Legislature.

These governments, and those adopted in general conformity to them by the new States subsequently admitted into the Union, conVOL. CXXXI.--NO. 288.

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stituted the local Legislatures, to whom were confided all matters of internal administration, unless expressly conceded to the General Government. "The Revolution of 1776," Webster declared, "did not subvert government in all its forms. It did not subvert the local laws and local legislation." The two Houses of Congress in 1861, at the time of the commencement of hostilities between the North and South, announced that "war is not waged on our part in any spirit of oppression, nor for any purpose of conquest or subjection, nor for the purpose of overthrowing or interfering with the rights of established institutions of the States, but to maintain and defend the supremacy of the Constitution and all laws made in pursuance thereof, and to preserve the Union, with all the dignity, equality, and rights of the several States unimpaired, and that as soon as these objects are accomplished that war ought to cease."

The Government of the old Congress was a revolutionary one, whose powers were derived not directly from the people, but from the people through the States, on whom it relied to give effect to its acts. It differed, however, from an international Congress in that the States submitted to be governed, in ordinary transactions, by a majority, without requiring unanimity.

A question has been made, in advocacy of centralization, by John Quincy Adams, as well as by Judge Story, whether the States, who declared their independence of Great Britain, as united colonies, could be considered to have ever had, individually, the rights of absolute sovereignty. The suggestion would seem to have been fully met by Upshur, who succeeded Webster as Secretary of State, in his able strictures on "The Commentaries of the Constitution."

According to the opinion pronounced by the Supreme Court of the United States in 1796, the powers of Congress, such as were exercised by them from their first meeting till the ratification of the Confederation in 1781, were in themselves revolutionary powers. The separate States retained all the rights of internal sovereignty, while Congress possessed all the rights of external sovereignty.

In a previous case, in 1795, it had been said that "the powers of Congress were powers revolutionary in their nature, arising out of events adequate to every national emergency and coextensive with the object to be attained. The Congress was the general, supreme, and controlling council of the nation. Congress raised armies, fitted out a navy, and prescribed rules for their government, conducted all military operations both by land and sea, emitted bills of credit, received and sent ambassadors and made treaties,

commissioned privateers, and prescribed rules for the distribution of prizes. In Congress were vested, because by Congress were exercised, with the approbation of the people, the rights and powers of war and peace.

The Articles of Confederation, as they were recommended by Congress in 1777, and adopted in 1778 by eleven of the thirteen States, and in 1779 by another State, became, after the ratification by Maryland, universally obligatory in 1781. This Constitution, as it may be appropriately termed, expressly retained for each State "its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States in Congress assembled."

The Government established by the Articles of Confederation consisted of one representative body. In that body were united all the powers, executive, legislative, and judicial, which belonged to the United States. The members of Congress were annually chosen by the States, who might recall their delegates at any period of the year. A single vote was reserved for each State, and in certain cases the agreement of nine of the States was necessary for the adoption of a measure. Congress had power to appoint a "Committee of the States" to sit through the recess, and one of their number to preside, "provided that no person be allowed to serve in the office of President more than one year in any term of three years." The executive authority of Congress was exercised through departments accountable to them.

Congress had not merely ordinary executive and legislative powers, but had authority to create courts of prize, and to constitute tribunals to settle conflicting claims as to boundaries of States and as to titles derived from different States.

As regards foreign relations, the Articles accorded to the United States in Congress assembled the greater part of the powers granted to the Federal Government by the present Constitution, including 'the right and power of deciding alone and exclusively on the subject of peace and war, except in the case of invasion, the sending and receiving of ambassadors and of entering into treaties and alliances. It was stipulated that no State should alter the clauses of any treaties which had been concluded by Congress, or had been proposed by that body to the Courts of France and Spain; while, on the other hand, it was provided that no treaty of commerce should be made whereby the legislative power of the respective States should be "restrained from imposing such imposts and duties