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弌傍�� the american republic 忖方�� 耽匈4000忖

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 none could claim that  dignity in the Western world unless elected and crowned by him�察 �that is�察�unless elected directly by the Pope or by electors  designated by him�察�and acting under his authority。  There can be  no question that the spiritual is superior to the temporal�察�and  that the temporal is bound in the very nature of things 109                                                         to conform  to the spiritual�察�and any law enacted by the civil power in  contravention of the law of God is null and void from the  beginning。  This is what Mr。 Seward meant by the higher law�察�a  law higher even than the Constitution of the United States。   Supposing this higher law�察�and supposing that kings and princes  hold from God through the spiritual society�察�it is very evident  that the chief of that society would have the right to deprive  them�察�and to absolve their subjects�察�as on several occasions he  actually has done。

But this theory has never been a dogma of the Church�察�nor�察�to any  great extent�察�except for a brief period�察�maintained by  theologians or canonists。  The Pope conferred the imperial  dignity on Charlemagne and his successors�察�but not the civil  power�察�at least out of the Pope's own temporal dominions。  The  emperor of Germany was at first elected by the Pope�察�and  afterwards by hereditary electors designated or accepted by him�察 �but the king of the Germans with the full royal authority could  be elected and enthroned without the papal intervention or  permission。  The suzerainty of the Holy See over Italy�察�Naples�察 �Aragon�察�Muscovy�察�England�察�and other European states�察�was by  virtue of feudal relations�察�not by virtue of the spiritual au´ 110                                                              thority  of the Holy See or the vicarship of the Holy Father。  The right  to govern under feudalism was simply an estate�察�or property�察�and  as the church could acquire and hold property�察�nothing prevented  her holding fiefs�察�or her chief from being suzerain。  The  expressions in the papal briefs and bulls�察�taken in connection  with the special relations existing between the Pope and emperor  in the Middle Ages�察�and his relations with other states as their  feudal sovereign�察�explained by the controversies concerning  rights growing out of these relations�察�will be found to give no  countenance to the theory in question。

These relations really existed�察�and they gave the Pope certain  temporal rights in certain states�察�even the temporal supremacy�察 �as he has still in what is left him of the States of the Church�察 �but they were exceptional or accidental relations�察�not the  universal and essential relations between the church and the  state。  The rights that grew out of these relations were real  rights�察�sacred and inviolable�察�but only where and while the  relations subsisted。  They�察�for the most part�察�grew out of the  feudal system introduced into the Roman empire by its barbarian  conquerors�察�and necessarily ceased with the political order in  which they originated。  Undoubtedly the church consecrated 111                                                            civil  rulers�察�but this did not imply that they received their power or  right to govern from God through her�察�but implied that their  persons were sacred�察�and that violence to them would be  sacrilege�察�that they held the Christian faith�察�and acknowledged  themselves bound to protect it�察�and to govern their subjects  justly�察�according to the law of God。

The church�察�moreover�察�has always recognized the distinction of  the two powers�察�and although the Pope owes to the fact that he is  chief of the spiritual society�察�his temporal principality�察�no  theologian or canonist of the slightest respectability would  argue that he derives his rights as temporal sovereign from his  rights as pontiff。  His rights as pontiff depend on the express  appointment of God�察�his rights as temporal prince are derived  from the same source from which other princes derive their  rights�察�and are held by the same tenure。  Hence canonists have  maintained that the subjects of other states may even engage in  war with the Pope as prince�察�without breach of their fidelity to  him as pontiff or supreme visible head of the church。

The church not only distinguishes between the two powers�察�but  recognizes as legitimate�察�governments that manifestly do not  derive from God through her。  St。 Paul enjoins obedience 112                                                          to the  Roman emperors for conscience' sake�察�and the church teaches that  infidels and heretics may have legitimate government�察�and if she  has ever denied the right of any infidel or heretical prince�察�it  has been on the ground that the constitution and laws of his  principality require him to profess and protect the Catholic  faith。  She tolerates resistance in a non´Catholic state no more  than in a Catholic state to the prince�察�and if she has not  condemned and cut off from her communion the Catholics who in our  struggle have joined the Secessionists and fought in their ranks  against the United States�察�it is because the prevalence of the  doctrine of State sovereignty has seemed to leave a reasonable  doubt whether they were really rebels fighting against their  legitimate sovereign or not。

No doubt�察�as the authority of the church is derived immediately  from God in a supernatural manner�察�and as she holds that the  state derives its authority only mediately from him�察�in a natural  mode�察�she asserts the superiority of her authority�察�and that�察�in  case of conflict between the two powers�察�the civil must yield。   But this is only saying that supernatural is above natural。   Butand this is the important pointshe does not teach�察�nor  permit the faithful to 113                        hold�察�that the supernatural abrogates the  natural�察�or in any way supersedes it。  Grace�察�say the  theologians�察�supposes nature�察�gratia supponit naturam。  The  church in the matter of government accepts the natural�察�aids it�察 �elevates it�察�and is its firmest support。

VII。 St。 Augustine�察�St。 Gregory Magnus�察�St。 Thomas�察�Bellarmin�察 �Suarez�察�and the theologians generally�察�hold that princes derive  their power from God through the people�察�or that the people�察 �though not the source�察�are the medium of all political authority�察 �and therefore rulers are accountable for the use they make of  their power to both God and the people。

This doctrine agrees with the democratic theory in vesting  sovereignty in the people�察�instead of the king or the nobility�察�a  particular individual�察�family�察�class�察�or caste�察�and differs from  it�察�as democracy is commonly explained�察�in understanding by the  people�察�the people collectively�察�not individuallythe organic  people�察�or people fixed to a given territory�察�not the people as a  mere populationthe people in the republican sense of the word  nation�察�not in the barbaric or despotic sense�察�and in deriving  the sovereignty from God�察�from whom is all power�察�and except from  whom there is and can be no power�察�in´ 114                                      stead of asserting it as the  underived and indefeasible right of the people in their ;own  native right and might。;  The people not being God�察�and being  only what philosophers call a second cause�察�they are and can be  sovereign only in a secondary and relative sense。  It asserts the  divine origin of power�察�while democracy asserts its human origin。   But as�察�under the law of nature�察�all men are equal�察�or have equal  rights as men�察�one man has and can have in himself no right to  govern another�察�and as man is never absolutely his own�察�but  always and everywhere belongs to his Creator�察�it is clear that no  government originating in humanity alone can be a legitimate  government。  Every such government is founded on the assumption  that man is God�察�which is a great mistakeis�察�in fact�察�the  fundamental sophism which underlies every error and every sin。

The divine origin of government�察�in the sense asserted by  Christian theologians�察�is never found distinctly set forth in the  political writings of the ancient Greek and Roman writers。   Gentile philosophy had lost the tradition of creation�察�as some  modern philosophers�察�in so´called Christian nations�察�are fast  losing it�察�and were as unable to explain the origin of government  as they were the origin of man himself。

115 Even Plato�察�the profoundest of all ancient philosophers�察�and the  most faithful to the traditionary wisdom of the race�察�lacks the  conception of creation�察�and never gets above that of generation  and formation。  Things are produced by the Divine Being  impressing his own ideas�察�eternal in his own mind�察�on a  pre´existing matter�察�as a seal on wax。  Aristotle teaches  substantially the same doctrine。  Things eternally exist as  matter and form�察�and all the Divine Intelligence does�察�is to  unite the form to the matter�察�and change it�察�as the schoolmen say�察 �from materia informis to materia formata。  Even the Christian  Platonists and Peripatetics never as philosophers assert creation�察 �they assert it�察�indeed�察�but as theologians�察�as a fact of  revelation�察�not as a fact of science�察�and hence it is that their  theology and their philosophy never thoroughly harmonize�察�or at  least are not shown to harmonize throughout。

Speaking generally�察�the ancient Gentile philosophers were  pantheists�察�and represented the universe either as God or as an  emanation from God。  They had no proper conception of Providence�察 �or the action of God in nature through natural agencies�察�or as  modern physicists say�察�natural laws。  If they recognized the  action of divinity at all�察�it was a supernatural 116                                                  or miraculous  intervention of some god。  They saw no divine intervention in any  thing naturally explicable�察�or explicable by natural laws。   Having no conception of the creative act�察�they could have none of  its immanence�察�or the active and efficacious presence of the  Creator in all his works�察�even in the action of second causes  themselves。  Hence they could not assert the divine origin of  government�察�or civil authority�察�without supposing it  supernaturally founded�察�and excluding all human and natural  agencies from its institution。  Their writings may be studied  with advantage on the cons

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