p.

9

liberty which the law permits each citizen to enjoy. Even
in a savage state, the liberty of each individual must be
under some restraint, or no individual can be safe.

The principle then which must be the basis of a good
constitution, is, that every member of the community or
state is entitled to all the freedom which the laws permit,
and which is compatible with the public safety. This is
the right of every citizen; and in the possession of this
right, every man is equal.

It is believed, however, that the loose, undefined sense
in which the words free and equal are used in some of the
American constitutions, has been and will be a source of im-
mense evil to this country. Illiterate men will mistake the
just limitation of the words, and unprincipled men will give
them a latitude of construction incompatible with the peace
of society.

There is, in my apprehension, a common mistake in this
country, in regard to the nature of democratic and republi-
can governments. It seems to be held as a truth not to be
questioned, that a republican government is of course a free
government, or a government which, by the very fact that
it springs from the people, will certainly secure to the citi-
zens the enjoyment of their rights.

That a proper democracy, in which the whole body of
citizens constitute the legislature, is a turbulent government,
is a fact too well established by historical evidence to be
disputed. But it seems to be generally understood, that a
government by representatives of the people, is not subject
to the same evil; and that such a government will not abuse