In these two essential points, therefore, the Union exercises more central authority than the French monarchy possessed, although the Union is only an assemblage of confederate republics.
In Spain certain provinces had the right of establishing a system of custom-house duties peculiar to themselves, although that privilege belongs, by its very nature, to the national sovereignty.

In America the Congress alone has the right of regulating the commercial relations of the States.

The government of the Confederation is therefore more centralized in this respect than the kingdom of Spain.

It is true that the power of the Crown in France or in Spain was always able to obtain by force whatever the Constitution of the country denied, and that the ultimate result was consequently the same; but I am here discussing the theory of the Constitution.
Federal Powers After having settled the limits within which the Federal Government was to act, the next point was to determine the powers which it was to exert.
Legislative Powers *m [Footnote m: [In this chapter the author points out the essence of the conflict between the seceding States and the Union which caused the Civil War of 1861.]] Division of the Legislative Body into two branches--Difference in the manner of forming the two Houses--The principle of the independence of the States predominates in the formation of the Senate--The principle of the sovereignty of the nation in the composition of the House of Representatives--Singular effects of the fact that a Constitution can only be logical in the early stages of a nation.
The plan which had been laid down beforehand for the Constitutions of the several States was followed, in many points, in the organization of the powers of the Union.

The Federal legislature of the Union was composed of a Senate and a House of Representatives.