Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/265

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CH. IV.]
OF THE CONFEDERATION.
225

reignty in all their foreign relations. What would be their fate, as separate and independent communities; how far their interests would coincide or vary from each other, as such; what would be the effects of the union upon their domestic peace, their territorial interests, their external commerce, their political security, or their civil liberty, were points to them wholly of a speculative character, in regard to which various opinions might be entertained, and various, and even opposite conjectures formed upon grounds, apparently of equal plausibility. They were smarting, too, under the severe sufferings of war; and hardly had time to look forward to the future events of a peace; or if they did, it would be obviously a period for more tranquil discussions, and for a better understanding of their mutual interests. They were suddenly brought together, not so much by any deliberate choice of a permanent union, as by the necessity of mutual co-operation and support in resistance of the measures of Great Britain. They found themselves, after having assembled a general congress for mutual advice and encouragement, compelled by the course of events to clothe that body with sovereign powers in the most irregular and summary manner, and to permit them to assert the general prerogatives of peace and war, without any previous compact, and sanctioned only by the silent acquiescence of the people. Under such circumstances each state felt, that it was the true path of safety to retain all sovereign powers within its own control, the surrender of which was not clearly seen, under existing circumstances, to be demanded by an imperious public necessity.[1]


  1. Dr. Rush, in apologizing for the detects of the confederation, has observed,—"The confederation, together with most of our state con-

vol. i.29