Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/204

This page has been proofread, but needs to be validated.
196
CONSTITUTION OF THE U. STATES.
[BOOK III.

ancholy distinction perhaps, that the former, with fewer benevolent emotions than the latter, are under fewer restraints also from taking undue advantages of the indiscretions of each other.[1] If a nation is perpetually fluctuating in its measures, as to the protection of agriculture, commerce, and manufactures, it exposes all its infirmities of purpose to foreign nations; and the latter with a systematical sagacity will sap all the foundations of its prosperity. From this cause, under the confederation, America suffered the most serious evils. "She finds," said the Federalist,[2] with unusual boldness and freedom, "that she is held in no respect by her friends; that she is the derision of her enemies; and that she is a prey to every nation, which has an interest in speculating on her fluctuating councils, and embarrassed affairs."

§ 715. Further; foreign governments can never safely enter into any permanent arrangements with one, whose councils and government are perpetually fluctuating. It was not unreasonable, therefore, for them to object to the continental congress, that they could not guaranty the fulfilment of any treaty; and therefore it was useless to negotiate any. To secure the respect of foreign nations, there must be power to fulfil engagements; confidence to sustain them; and durability to ensure their execution on the part of the government. National character in cases of this sort is inestimable. It is not sufficient, that there should be a sense of justice, and disposition to act right; but there must be an enlightened permanency in the policy
  1. The Federalist, No. 62; 1 Elliot's Debates, 269, 270 to 273; 1 Kent. Comm. 212, 213.
  2. The Federalist, No. 62.