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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