210 THE PRESENT CRISIS IN THE UNITED STATES. 



Thus, in forming this system, they derived no assistance from the 

 history of the past. But to be left without a guide or precedent was 

 not the only difficulty in which the framers of the American constitu- 

 tion were involved. They found themselves embarrassed with another 

 of peculiar delicacy and importance the very key-stone of their 

 political edifice we allude to the drawing a proper line between the 

 national government, and the government of he several States. By the 

 articles of the first confederation, which were ratified by Congress, 

 July 9th, 1778, it was agreed that each state should retain its sove- 

 reignty, freedom and independence, and every other power, right, and 

 jurisdiction, not expressly delegated to Congress. But these articles 

 being found inadequate to the purposes of a federal government, the 

 present constitution was proposed and ratified by all the States about 

 eight years afterwards. The fundamental distinction between the 

 articles of confederation and the new constitution lies in this . the 

 former acted only on States ; the latter on individuals ; the former 

 could neither raise men nor money by its own authority, but lay at 

 the discretion of thirteen different legislatures ; and without their 

 unanimous concurrence, was unable to provide for the public safety, 

 or the payment of the national debt. The impossibility of such a 

 government answering the end of its institution, soon became evident. 

 In framing the new constitution, to establish a broad and distinct line 

 of demarcation between the general government and the state legisla- 

 tures, was the first desideratum, and proved an operation fertile in dif- 

 ficulty and embarrassments ; for although it was easy to discover a 

 proper and satisfactory principle 011 the subject, by enacting that 

 whatever object of government is confined in its operation and effects 

 within the bounds of a particular state, should be considered as be- 

 longing to the government of that state, and whatever object of go- 

 vernment extends in its operation or effects beyond the bounds of a 

 particular state, should be considered as the prerogative of the gene- 

 ral government; still, however satisfactory this principle may be 

 found in theory, its practical application was felt to be of great diffi- 

 culty, and fraught with future danger to the Union. 



In order to lessen or remove the difficulty arising from discretion- 

 ary construction on this subject, an enumeration of particular in- 

 stances in which the application of the principle ought to take place, 

 has been attempted with much industry and care, but the result has 

 shewn that it is only in mathematical science that a line can be de- 

 scribed with mathematical precision. 



It has been remarked that civil government is necessary to the 

 perfection of society. We may add, that civil liberty is necessary to 

 the perfection of civil government. Civil liberty is natural liberty 

 itself, divested only of that part, which, placed in the government, 

 produces more good and happiness to the community, than if it had 

 remained in the individual. Hence it follows that civil liberty, while 

 it resigns a part of natural liberty, retains the free and generous 

 exercise of all human faculties, so far as it is compatible with public 

 welfare. But in forming a constitution for an union of confederate 

 States, it was also necessary accurately to establish and define ano- 

 ther kind of liberty, which we may distinguish by the appellation of 

 federal liberty. When a single government is instituted, the indivi- 



