permit) in such a way as to give the greatest encouragement and assistance to domestic industries, the great difficulty still being, and likely to be hereafter, in making this adjustment; the free-trade party wishing it made so as to obstruct commerce in favor of home manufacture as little as possible, and the protectionists asking that enough regard should be paid to domestic manufacture to prevent the destruction of existing industries, and to continue in force a system which has, in their judgment, immensely promoted our national prosperity.

We have seen, by a reference to the second act which Congress ever passed, that at the beginning of our government there was a disposition to encourage domestic manufactures. It may be said that this has, on the whole, prevailed to the present day, although with much fluctuation; the principles of free trade being at one time prevalent, and then those of protection coming into the ascendant. As the subject is of great importance and of universal interest, we give our readers a brief statement, gathered from the latest sources of information, of the present condition of our principal industries: :

IRON. The greatest industry of all is that of iron, which has reached immense proportions, especially in Pennsylvania, Ohio, New York, and Michigan. There are iron establishments in every State of the Union, with the solitary exception of Florida, and in every territory except Utah. About $200,000,000 of capital are employed, and the products reach $325,000,000. The manufacture of iron gives work to 140,000 hands. Pennsylvania is altogether at the head in this industry, her factories numbering very nearly 1,000, and her products being not far from $122,000,000. But the most wonderful feature of iron manufacture is its spread westward. Michigan, Indiana, Illinois, and Ohio have between them about 860 establishments; while in the Far West-in Minnesota, Iowa, Wisconsin, and even in California and Nevada- they are becoming numerous and important. The progress of iron manufacture during the past twenty years may be estimated by the fact that while in 1870 the factories numbered 3,700, and had a capital of $200,000,000, in 1850 there were only 2,364, with a capital of about $46,000,000.

COTTON GOODS. - Of cotton factories there are 819, distributed through a large number of States, but mainly in Massachusetts, Pennsylvania, and Rhode Island (which small State has no less than 140), with an aggregate capital of $133,000,000, a force of 130,000 hands, and products of the value of $168,000,000 yearly. These are exclusive of manufactories of cotton batting and wadding, of which there are 27, with a capital of $276,000, and of cotton thread, twine, and yarns, of which there are 123, with a capital of $7,400,000, and an annual product of $8,700,000. It is worthy of remark that within the past twenty years cotton mills have spread with considerable rapidity through the South, and are to be found not only in

the upper tier of those States, North Carolina, Virginia, Tennessee, but even in Alabama, where there are ten; Georgia, where there are twentyfive; Louisiana, and Texas. It is highly probable that cotton manufactures are destined to multiply in the South, on the very field where the raw material is grown, -a promise which opens new prospects of prosperity for that section, and of cheaper goods for the whole country.

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WOOLLEN Goods. There are in this country nearly 2,000 woollen factories, principally in the States of Pennsylvania, Massachusetts, New York, Ohio, Indiana, and Connecticut, with an aggregate capital of nearly $100,000,000, employing 77,000 hands, and producing $150,000,000 worth of goods. These factories do not include wool-carding and cloth-dressing establishments, of which there are about 1,000.

WORSTED Goods. This industry has almost wholly grown up within the past thirteen years. In 1860 there were but three worsted factories in the country, two of which were in Massachusetts, and one in New Hampshire; in 1870 there were over one hundred, Pennsylvania having thirty. one, Rhode Island eleven, and Massachusetts thirty-five; and the aggregate capital employed being some $10,000,000, giving a product of more than $22,000,000 annually.

CARPETS. In the manufacture of carpets there are 250 factories, with $13,000,000 of capital, and $22,000,000 of annual production, - Pennsylvania almost monopolizing this industry, as she has nearly 200 of these factories, and produces about $10,000,000 annually.

SILK GOODS.-There are 90 silk factories in the United States, employing about 7,000 hands, with a capital of $6,500,000, and an annual product of more than $12,000,000. This includes silk goods, ribbons, machine and spool silk, and silk thread. New Jersey is the leading State in this industry, having thirty factories to twenty-three in Connecticut, fourteen in New York, and ten in Pennsylvania.

CUTLERY GOODS. As yet there are only about 182 cutlery establishments, with an aggregate capital of $4,000,000, and an annual production of $5,500,000. But this industry has perceptibly grown, and is still growing, Connecticut, New York, and Pennsylvania, being the leading States in this enterprise. There are but four cutlery establishments in the South, three of which are in Missouri, and one in Louisiana.

BOOTS AND SHOES. — This manufacture is one of the very largest and most important in the country, there being more than 3,000 factories, of which more than 1,000 are centred in Massachusetts, the next highest State being New York, with something over 300 In this manufacture about $40,000,000 of capital are employed, with a product of not far from $150,000,000. The West is looking up in this industry, for there is a large number of factories in successful operation in Missouri, Wisconsin, Illinois, and Iowa. At least 100,000 hands are employed in the making of boots and shoes.

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WINE. One of the most interesting of comparatively recent industries is the growth of grapes and the manufacture of wine. Some of the Ohio, Missouri, Virginia, and Californian valleys are found to be well adapted to the growth of vineyards; and there are now over 400 wine-making establishments in the country, producing champagnes, hocks, ports, sherries, and sweet dessert wines. Of these Missouri has about 200, employing a capital of $700,000, and producing about $1,000,000 annually; California has 150; Ohio, 40; New York, 10; and Illinois, 5. The total of the various kinds produced is about $2,500,000.

MALT LIQUORS.—These are made in something over 2,000 breweries, which are spread completely over the territory of the Union; the largest number being in New York, Pennsylvania, Ohio, Wisconsin, Michigan, Illinois, Iowa, Indiana, and Missouri, States, let it be observed, where the German element of the population is most thickly gathered.

AGRICULTURAL IMPLEMENTS. - The capital employed in the manufacture of agricultural implements has increased, in twenty years, from $3,500,000 to $35,000,000, and the products from $7,000,000 to $52,000,000. Since 1860 this industry has somewhat more than doubled.

INCREASE OF MANUFACTURES.-The value of manufactures-in which are included fisheries, quarrying, and mining - increased in the ten years between 1860 and 1870, 108 per cent, this estimate being the actual increase, after deducting the enhancement of prices by the issue of paper currency. The nominal increase was from nearly $2,000,000,000 in 1860 to $1,002,000,000 in 1870. That is to say, that the United States produced over twice as much manufactured goods, in money value, five years after the close of the war as they did in the year before the war broke out. The total number of manufacturing establishments in the country, which in 1860 were 140,433, were, in 1870, 252,148. The States which rank highest as manufacturing centres are in the following order: Pennsylvania, which has 37,200; New York, which has 36,206; Ohio, which has 22,773; Massachusetts, which has 13,212; Illinois, which has 12,597; Indiana, which has 11,847; Missouri, which has 11,871; and Michigan, which has 9,455. The industrial 'empire will be seen to be taking its way westward. And this is a comparatively recent movement; for while Massachusetts, twenty years ago, had about 9,000 establishments, Illinois, which has now nearly caught up with her (as above), only had 3,000; Indiana, only 4,000; and Michigan, only 2,000. In twenty years Michigan has increased her manufactories fivefold, Illinois more than fourfold, and Missouri fivefold, while Massachusetts has only increased hers one-third.

SECTION XI.

ON THE JUDICIARY.

In preceding chapters we have considered the executive power and the legislative power. We have now to treat of the judicial power.

Our national constitution is, as has been said, a new thing upon the earth, in many respects; in no one more important or more remarkable than in the distinction it makes between the three great essential powers of all government. It clearly defines each of them. It separates one from the other, making them independent of each other, and yet establishing between them an indissoluble connection by unity of service and accordance of action, so that they work together, each in its own way, but all concurring in the preservation of our national rights and national existence, and of the personal and property rights of every individual in the nation. One body carries the law into effect; another body makes it; a third body determines what is law, and construes and applies the law, and keeps the other two from wandering outside the path of power and of duty assigned to them.

This distinction between the executive, the legislative, and the judicial functions, grew up in England, in some slight degree, but from no definite design. Our fathers recognized it, and carefully provided for it, as the surest safeguard of political rights; for the obvious reason that if the executive can make what laws he will, or construe and apply them as he will, there is an obvious despotism; and if any other body in the States can unite these functions, that body becomes a despotic executive. Of these bodies, nothing is now more universally admitted than that it is the function of the judiciary to judge and decide whether a law be constitutional, and in that case valid, or unconstitutional, and therefore of no force whatever; and that it is not merely their certain right, but as certainly their duty, to do so, when the question is properly before them.

This function of the judicial power was wholly unknown before; for how could a judiciary be charged with the construction and preservation of a constitution, before such a thing as a written constitution existed? No wonder that our fathers scarcely knew how great a thing they had done in taking this step. No wonder that our judicial bodies themselves did not, in the first years of our national existence, know certainly that this important power was entrusted to them, or see clearly their duty in relation to it. To prove this, let me say that in 1792 a pension law was passed,

requiring the judges of the Circuit Courts of the United States to carry the same into effect. The question soon came before many of these courts, whether this act was constitutional; and they all decided at once that it was unconstitutional, because it imposed upon judges duties which certainly were not judicial. But the judges for the district of New York,-Jay, Cushing, and Duane, - while clear that the law was unconstitutional, held that “from their desire to manifest their high respect for the national legislature," they would consider that the law had only appointed as commissioners the persons who happened then to be judges, inadvertently describing them by their official names instead of their personal names; and accordingly they undertook the duties of commissioners. The court for the district of Pennsylvania (Wilson, Blair, and Peters), and that for North Carolina (Iredell and Sitgreaves), went so much further as to refuse to proceed under the act; but each court wrote a long letter to the President, apologizing, almost humbly, for their decision, the Pennsylvania court calling it "a painful occasion," and the North Carolina court speaking of the "lamentable difference of opinion." And so things went on until 1803, when, in Marbury's case, so called, Chief Justice Marshall considered the question in all its bearings; and, with a force and clearness which I cannot characterize otherwise than by calling them most admirable, settled the question, as I hope, for all time. What he considered this power of the judicial body can best be told in his own emphatic conclusion: "This is of the very essence of judicial duty."

Very far are we, however, from understanding now the exact limitations of judicial duty in this respect; or, in general, the nature and force of what Jeremy Bentham called "judge-made law." It may well be hoped that as the nation grows older it will grow wiser, and that some questions will hereafter be settled to which no certain answer can now be made. But already, I think, there are three rules on this subject which may be considered as established.

One, that the court cannot judicially inquire into any law, unless it be directly involved in some case properly brought before them by the parties in interest. (I have nothing to say here of instances in which a State constitution authorizes the executive or legislature to ask the opinion of the judges.)

Secondly, if they consider any law or rule or principle, which is not so involved in the case before them that their consideration of it is necessary for their judgment, they go just so far beyond their judicial duty, and can utter no word of judicial power. They may make essays, or utter apothegms of much interest and value as the sayings of wise men; but what they say is not judicial ruy