MONROE versus GALBRAITH.

FLAGRANT CASE OF PIRACY.

MY DEAR H: Being an unregarded poetical genius, I rarely trouble myself about my muffled brilliancy. Indeed, as clerk in a dry-goods store, and blessed with an old rascal of a master who is rarely content with less than thirteen or fourteen hours per diem, out of me, for my ten dollars a week, I have no time to do so. But figure to yourself what my feelings must be when I saw in Putnam's Magazine a shameless plagiary from a lovely little poem which was written by mine own pen, some few years since. This would not grieve me, savo I were convinced that the literary swindler, whoever he may be-and I confess my suspicions point one way-has made some twenty or twenty-five dollars by the (I use a commercial term) operation. Under this conviction I send you my poem. The robbery, or more properly piracy, may be detected by you on turning to page 25 of the Number for July of Putnam. Is not such an atrocious theft of my brilliant effusion scandalous? Yours truly,

New-York, July 2d, 1855.

PETER PUDDLEHEAD.

[The positive and independent tone of Mr. P.'s communication leaves us no room to suspect his sincerity. When we received his letter it was not generally known who had written Victor Galbraith. The name of the distinguished author has since been made public, and we make no doubt our correspondent will hasten to acknowledge that strangely parallel passages often occur even among great poets. We would also intimate to Mr. P. that it is a disputed point, in our dim recollections of the fact, as to Monroe Edwards ever having been hung. This, too, the more especially as forgery is not punishable with hanging in this country. A degree of poetical liberty, however, we presume must be conceded. As Homer invented or borrowed a "Mars" for his battles, Puddlehead has more daringly invented or stolen a gallows.-ED.]

The reader may note the slight degree of alteration made by the piratical poet in the first and last stanzas.-PUDDLEHEAD.

They rigged out the gallows stern and tall,

Forth he came with a martial tread,
Firm was his step, erect his head;
Victor Galbraith,

He who so well the bugle played,
Could not mistake the words it said:
"Come forth to thy death,
Victor Galbraith!"

He looked at the earth, he looked at the sky,
He looked at the files of musketry,

Victor Galbraith!

And he said with a steady voice and eye,
"Take good aim; I am ready to die!"

Thus challenges death
Victor Galbraith.

Twelve fiery tongues flashed straight and red,

They knocked out the wedge for the drop to Six leaden balls on their errand sped;

*I do not think my piratical friend has improved upon the exquisite pathos of this line, at any rate.-PUDDLEHEAD.

I saw the absurdity of this line both in my original and the piratical copy of its beauties. How a man could say any thing with either a steady or trembling eye may pass the comprehensions of those who are not poets. Honesty, however, is the best policy; and I-I am proud to say-am honest.-PUDDLEHEAD..

I challenge comparison between this and the corresponding verse in "Victor Galbraith."

PUDDLEHEAD.

§ This verse I unhesitatingly affirm is much better than the corresponding one in the shameless piracy I have exposed.-PUDDLEHEAD.

STATE SOVEREIGNTY AND FEDERAL USURPATIONS.-No. II.

PASSING Over the Preamble as sufficiently explained, and conceiving that if nothing is to be found in the constitutional organization of the United States, which countenances consolidation other than those expressions, that they are consequently harmless, we shall commence, ab initio, with the first Article of the Constitution, and carefully cite every clause having the most remote connection with the question under consideration.

In Art. 1, Sec. I., we find it announced that "All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." By virtue of this clause, then, is organized the first branch of the government, namely, the legislative department. Let us, by analyzing it, discern its constituent principles, and thus learn the extent to which the people of the States have been consolidated: and first of the organization of the Senate.

"The Senate of the United States shall be composed of two senators from each State, chosen by the Legislatures thereof, for six years: each senator shall have one vote."-Art. 1, Sec. III.

From this clause then we learn the true nature of the Senate, representing, as was its design, the Legislatures of the States directly, and the people of the States, indirectly. We say that this body represents the State Legislatures, because its members are chosen by these, and as representing indirectly the people of the States, because the Legislature of the States itself is elected by the people of the States, and because each State has an equal voice in its deliberations, whatever be its numerical importance as to population. Thus far then it is evident that the Constitution establishes a government of State Legislatures and of the people of the States.

Let us now examine what is usually called the popular branch of the Legislature, and at once satisfy ourselves as to the existence of such a body politic as the people of the United States. If, however, we should fail to discover the recognition of the subject in pursuit, namely the people of the United States as "one people," it will readily be conceded that it will be vain to search for it elsewhere. And now again to the record:

"The House of Representatives should be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature."—Art. 1, Sec. II.

This clause, therefore, so far from recognizing the body politic in question, namely, the people of the United States, peremptorily forbids it, and unequivo. cally recognizes the House of Representatives of the United States, as the organ of the people of the States: “The House of Representatives shall be composed of members chosen every second year by the people of the several States." Further comment upon this clause would indeed be superfluousits import is self-evident; a passing remark, however, as to the manner by which these members are elected, can not be inappropriate, establishing incontestably as it does the separate existence of the people of the States, to the entire discomfiture of the idea of "one people," acting under one uniform electoral law. "The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.” By virtue of this provision those qualifications differ in almost every State: in some, a property qualification being demanded; in others, only a residence of a year; in others, again, both the possession of a certain amount of property and a residence of similar duration. In most of the States the members of the House of Representatives, and even of the Senate, represent only the numerical importance of the people, while in some, by virtue of local peculiarities, they represent both the population and the property of their respective districts. In all of the States the period of elections differ; the elections in each go on without reference to those of the other Statesall of which repudiates the idea of "one people" under one law. As then, no traces of the sought-for body politic, namely, the people of the United States, is to be found in the constitutional organization of the legislative department of the United States government, let us, by careful analysis, seek for it in that of the other two; and first of the executive department.

"The executive powers shall be vested in a President of the United States of America, etc. **** Each State shall appoint in such manner as the Legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the State may be entitled in Congress." "The electors shall meet in their respective States." **** "If no person have such majority"***"the House of Representatives shall choose immediately by ballot the President. But in choosing the President, the votes shall be taken by States, the representation of each State having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice."-Art. 2, Sec. I, II, and Amendment XII.

We must again resort to the tedious process of analysis. The President then is announced as "the President of the United States of America,"

163 and not as the President of the people of the United States. His mode of election is by "each State," in such manner as the Legislature thereof may direct. The electors are "equal to the whole number of senators and representatives to which each State may be entitled in Congress." The senators represent the Legislatures of the States, and as has been shown, the representatives the people of the States; the President therefore being elected by electors equalling the number of senators and representatives to which the State may be entitled in Congress, "and these electors being elected by the people of each State, in such manner as the Legislature thereof may direct," he is evidently, by every principle of representation, the organ of the parties electing him, namely, of the State Legislatures and of the people of the States. Our exposition is even the more forcible when we regard the conjuncture in which the President is elected by the House of Representatives. Here "the votes shall be taken by States, the representation of each State having one vote," without reference to its numerical importance as to population, whether it contains fifty thousand or a million of inhabitants. "The representation from each State" here spoken of can only allude to the people of the States, as these alone are represented in the House of Representatives of the United States, the Legislatures of the States being represented by the Senate, which body it appears, is no way contemplated in the present conjuncture of affairs. The result of our inquiries, therefore is, that, in the first instance, the President is elected through the agency of the State Legislatures and the people of the States, and is, consequently, their organ; and in the second, he is elected by the people of the States alone, by the intervention of their representatives in Congress, each State having one vote," without reference to the amount of its population, in all of which, the desideratum of our inquiries, namely, the people of the United States, are nowhere visible..

It now only remains that we dissect the remaining department of the United States government, namely, its judiciary, in the hope of catching a glimpse of this phantom people, or failing in this, to be perfectly convinced of the non-existence of such a body politic as the people of the United States.

"The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as Congress may, from time to time, ordain and establish."-Art. 3, Sec. I.

Again, of the President, it is said: "He shall have power, by the advice and with the consent of the Senate, to make treaties,' ****"shall appoint ambassadors, * * * * judges of the Supreme Court, and all other officers of the United States."-Art. 2, Sec. II, 2.

Above, we have all that appertains to the creation of the judicial department of the United States government. A brief analysis of these clauses will fully satisfy us that even this body owes its existence, indirectly, to the State Legislatures and to the people of the States. "The judicial power of