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for the worse。  If the constitution once given is  fixed and unalterable�察�it must be wholly divine�察�and contain no  human element�察�and the people have and can have no hand in their  own governmentthe fundamental objection to the theocratic  constitution of society。  To assume it is to transfer to civil  society�察�founded by the ordinary providence of God�察�the  constitution of the church�察�founded by his gracious or  supernatural providence�察�and to maintain that the divine  sovereignty governs in civil society immediately and  supernaturally�察�as in the spiritual society。  But such is not the  fact。  God governs the nation by the nation itself�察�through its  own reason and free´will。  De Maistre is right only as to the  constitution the nation starts with�察�and as to the control which  that constitution necessarily exerts over the constitutional  changes the nation can successfully introduce。

The disciples of Jean Jacques Rousseau rec´ 141                                           ognize no providential  constitution�察�and call the written instrument drawn up by a  convention of sovereign individuals the constitution�察�and the  only constitution�察�both of the people and the government。  Prior  to its adoption there is no government�察�no state�察�no political  community or authority。  Antecedently to it the people are an  inorganic mass�察�simply individuals�察�without any political or  national solidarity。  These individuals�察�they suppose�察�come  together in their own native right and might�察�organize themselves  into a political community�察�give themselves a constitution�察�and  draw up and vote rules for their government�察�as a number of  individuals might meet in a public hall and resolve themselves  into a temperance society or a debating club。  This might do very  well if the state were�察�like the temperance society or debating  club�察�a simple voluntary association�察�which men are free to join  or not as they please�察�and which they are bound to obey no  farther and no longer than suits their convenience。  But the  state is a power�察�a sovereignty�察�speaks to all within its  jurisdiction with an imperative voice�察�commands�察�and may use  physical force to compel obedience�察�when not voluntarily yielded。   Men are born its subjects�察�and no one can withdraw from it 142 without its express or tacit permission�察�unless for causes that  would justify resistance to its authority。  The right of subjects  to denationalize or expatriate themselves�察�except to escape a  tyranny or an oppression which would forfeit the rights of power  and warrant forcible resistance to it�察�does not exist�察�any more  than the right of foreigners to become citizens�察�unless by the  consent and authorization of the sovereign�察�for the citizen or  subject belongs to the state�察�and is bound to it。

The solidarity of the individuals composing the population of a  territory or country under one political head is a truth�察�but  ;the solidarity of peoples�察─�irrespective of the government or  political authority of their respective countries�察�so eloquently  preached a few years since by the Hungarian Kossuth�察�is not only  a falsehood�察�but a falsehood destructive of all government and of  all political organization。  Kossuth's doctrine supposes the  people�察�or the populations of all countries�察�are�察�irrespective of  their governments�察�bound together in solido�察�each for all and all  for each�察�and therefore not only free�察�but bound�察�wherever they  find a population struggling nominally for liberty against its  government�察�to rush with arms in their hands to its assistancea  doctrine clearly incompati´ 143                           ble with any recognition of political  authority or territorial rights。  Peoples or nations commune with  each other only through the national authorities�察�and when the  state proclaims neutrality or non´intervention�察�all its subjects  are bound to be neutral�察�and to abstain from all intervention on  either side。  There may be�察�and indeed there is�察�a solidarity�察 �more or less distinctly recognized�察�of Christian nations�察�but of  the populations with and through their governments�察�not without  them。  Still more strict is the solidarity of all the individuals  of one and the same nation。  These are all bound together�察�all  for each and each for all。  The individual is born into society  and under the government�察�and without the authority of the  government�察�which represents all and each�察�he cannot release  himself from his obligations。  The state is then by no means a  voluntary association。  Every one born or adopted into it is  bound to it�察�and cannot without its permission withdraw from it�察 �unless�察�as just said�察�it is manifest that he can have under it no  protection for his natural rights as a man�察�more especially for  his rights of conscience。  This is Vattel's doctrine�察�and the  dictate of common sense。

The constitution drawn up�察�ordained�察�and established by a nation  for itself is a lawthe  144                          organic or fundamental law�察�if you will�察 �but a law�察�and is and must be the act of the sovereign power。   That sovereign power must exist before it can act�察�and it cannot  exist�察�if vested in the people or nation�察�without a constitution�察 �or without some sort of political organization of the people or  nation。  There must�察�then�察�be for every state or nation a  constitution anterior to the constitution which the nation gives  itself�察�and from which the one it gives itself derives all its  vitality and legal force。

Logic and historical facts are here�察�as elsewhere�察�coincident�察 �for creation and providence are simply the expression of the  Supreme Logic�察�the Logos�察�by whom all things are made。  Nations  have originated in various ways�察�but history records no instance  of a nation existing as an inorganic mass organizing itself into  a political community。  Every nation�察�at its first appearance  above the horizon�察�is found to have an organization of some sort。   This is evident from the only ways in which history shows us  nations originating。  These ways are�此�1。 The union of families in  the tribe。 2。 The union of tribes in the nation。 3。 The migration  of families�察�tribes�察�or nations in search of new settlements。  4。 Colonization�察�military�察�agricultural�察�commercial�察�industrial�察 �religious�察�or penal。 5。 War  145                             and conquest。 6。 The revolt�察 �separation�察�and independence of provinces。 7。 The intermingling  of the conquerors and conquered�察�and by amalgamation forming a  new people。  These are all the ways known to history�察�and in none  of these ways does a people�察�absolutely destitute of all  organization�察�constitute itself a state�察�and institute and carry  on civil government。

The family�察�the tribe�察�the colony are�察�if incomplete�察�yet  incipient states�察�or inchoate nations�察�with an organization�察 �individuality�察�and a centre of social life of their own。  The  families and tribes that migrate in search of new settlements  carry with them their family and tribal organizations�察�and  retain it for a long time。  The Celtic tribes retained it in Gaul  till broken up by the Roman conquest�察�under Caesar Augustus�察�in  Ireland�察�till the middle of the seventeenth century�察�and in  Scotland�察�till the middle of the eighteenth。  It subsists still  in the hordes of Tartary�察�the Arabs of the Desert�察�and the  Berbers or Kabyles of Africa。

Colonies�察�of whatever description�察�have been founded�察�if not by�察 �at least under�察�the authority of the mother country�察�whose  political constitution�察�laws�察�manners�察�and customs they carry  with them。  They receive from the parent state  146                                                a political  organization�察�which�察�though subordinate�察�yet constitutes them  embryonic states�察�with a unity�察�individuality�察�and centre of  public life in themselves�察�and which�察�when they are detached and  recognized as independent�察�render them complete states。  War and  conquest effect great national changes�察�but do not�察�strictly  speaking�察�create new states。  They simply extend and consolidate  the power of the conquering state。

Provinces revolt and become independent states or nations�察�but  only when they have previously existed as such�察�and have retained  the tradition of their old constitution and independence�察�or when  the administration has erected them into real though dependent  political communities。  A portion of the people of a state not so  erected or organized�察�that has in no sense had a distinct  political existence of its own�察�has never separated from the  national body and formed a new and independent nation。  It cannot  revolt�察�it may rise up against the government�察�and either  revolutionize and take possession of the state�察�or be put down by  the government as an insurrection。  The amalgamation of the  conquering and the conquered forms a new people�察�and modifies the  institutions of both�察�but does not necessarily form a  147                                                       new nation  or political community。  The English of to´day are very different  from both the Normans and the Saxons�察�or Dano´Saxons�察�of the time  of Richard Coeur de Lion�察�but they constitute the same state or  political community。  England is still England。

The Roman empire�察�conquered by the Northern barbarians�察�has been  cut up into several separate and independent nations�察�but because  its several provinces had�察�prior to their conquest by the Roman  arms�察�been independent nations or tribes�察�and more especially  because the conquerors themselves were divided into several  distinct nations or confederacies。  If the barbarians had been  united in a single nation or state�察�the Roman empire most likely  would have changed masters�察�indeed�察�but have retained its unity  and its constitution�察�for the Germanic nations that finally  seated themselves on its ruins had no wish to destroy its name or  nationality�察�for they were themselves more than half Romanized  before conquering Rome。  But the new nations into which the  empire has been divided have never been�察�at any moment�察�without  political or governmental organization�察�continued from the  constitution of the conquering tribe or nation�察�modified more or  less by what was retained from the empire。

148 It is not pretended that the constitutions of states cannot be  altered�察�or that eve

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