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the american republic-及24何蛍

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

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rnamed the Great�察�a real despot�察�who  converted the empire from a republican to a despotic empire。   Rome fell from the force of barba´ 172                                  rism developed from within�察�far  more than from the force of the barbarians hovering on her  frontiers and invading her provinces。

The law of all possible developments is in the providential or  congenital constitution�察�but these possible developments are many  and various�察�and the reason and free´will of the nation as well  as of individuals are operative in determining which of them  shall be adopted。  The nation�察�under the direction of wise and  able statesmen who understood their age and country�察�who knew how  to discern between normal developments and barbaric corruptions�察 �placed at the head of affairs in season�察�might have saved Rome  from her fate�察�eliminated the barbaric and assimilated the  foreign elements�察�and preserved Rome as a Christian and  republican empire to this day�察�and saved the civilized world from  the ten centuries of barbarism which followed her conquest by the  barbarians of the North。  But it rarely happens that the real  statesmen of a nation are placed at the head of affairs。

Rome did not fall in consequence of the strength of her external  enemies�察�nor through the corruption of private morals and manners�察 �which was never greater than under the first Triumvirate。  She  fell from the want of true  173                            statesmanship in her public men�察�and  patriotism in her people。  Private virtues and private vices are  of the last consequence to individuals�察�both here and hereafter�察 �but private virtues never saved�察�private vices never ruined a  nation。  Edward the Confessor was a saint�察�and yet be prepared  the way for the Norman conquest of England�察�and France owes  infinitely less to St。 Louis than to Louis XI。�察�Richelieu�察�and  Napoleon�察�who�察�though no saints�察�were statesmen。  What is  specially needed in statesmen is public spirit�察�intelligence�察 �foresight�察�broad views�察�manly feelings�察�wisdom�察�energy�察 �resolution�察�and when statesmen with these qualities are placed at  the head of affairs�察�the state�察�if not already lost�察�can�察�however  far gone it may be�察�be recovered�察�restored�察�reinvigorated�察 �advanced�察�and private vice and corruption disappear in the  splendor of public virtue。  Providence is always present in the  affairs of nations�察�but not to work miracles to counteract the  natural effects of the ignorance�察�ineptness�察�short´sightedness�察 �narrow views�察�public stupidity�察�and imbecility of rulers�察�because  they are irreproachable and saintly in their private characters  and relations�察�as was Henry VI。 of England�察�or�察�in some respects�察 �Louis XVI。 of France。  Providence is God intervening through 174                                                              the  laws he by his creative act gives to creatures�察�not their  suspension or abrogation。  It was the corruption of the  statesmen�察�in substituting the barbaric element for the proper  Roman�察�to which no one contributed more than Constantine�察�the  first Christian emperor�察�that was the real cause of the downfall  of Rome�察�and the centuries of barbarism that followed�察�relieved  only by the superhuman zeal and charity of the church to save  souls and restore civilization。

But in the constitution of the government�察�as distinguished from  the state�察�the nation is freer and more truly sovereign。  The  constitution of the state is that which gives to the people of a  given territory political existence�察�unity�察�and individuality�察 �and renders it capable of political action。  It creates political  or national solidarity�察�in imitation of the solidarity of the  race�察�in which it has its root。  It is the providential charter  of national existence�察�and that which gives to each nation its  peculiar character�察�and distinguishes it from every other nation。   The constitution of government is the constitution by the  sovereign authority of the nation of an agency or ministry for  the management of its affairs�察�and the letter of instructions  according to which the agent or minister is to 175                                                act and conduct  the matters intrusted to him。  The distinction which the English  make between the sovereign and the ministry is analogous to that  between the state and the government�察�only they understand by the  sovereign the king or queen�察�and by the ministry the executive�察 �excluding�察�or not decidedly including�察�the legislature and the  judiciary。  The sovereign is the people as the state or body  politic�察�and as the king holds from God only through the people�察 �he is not properly sovereign�察�and is to be ranked with the  ministry or government。  Yet when the state delegates the full or  chief governing power to the king�察�and makes him its sole or  principal representative�察�he may�察�with sufficient accuracy for  ordinary purposes�察�be called sovereign。  Then�察�understanding by  the ministry or government the legislative and judicial�察�as well  as the executive functions�察�whether united in one or separated  into distinct and mutually independent departments�察�the English  distinction will express accurately enough�察�except for strictly  scientific purposes�察�the distinction between the state and the  government。

Still�察�it is only in despotic states�察�which are not founded on  right�察�but force�察�that the king can say�察�L'etat�察�c'est moi�察�I am  the state�察�and 176                Shakespeare's usage of calling the king of France  simply France�察�and the king of England simply England�察�smacks of  feudalism�察�under which monarchy is an estate�察�property�察�not a  public trust。  It corresponds to the Scottish usage of calling  the proprietor by the name of his estate。  It is never to be  forgotten that in republican states the king has only a delegated  sovereignty�察�that the people�察�as well as God�察�are above him。  He  holds his power�察�as the Emperor of the French professes to hold  his�察�by the grace of God and the national willthe only title by  which a king or emperor can legitimately hold power。

The king or emperor not being the state�察�and the government�察 �whatever its form or constitution�察�being a creature of the state�察 �he can be dethroned�察�and the whole government even virtually  overthrown�察�without dissolving the state or the political society。   Such an event may cause much evil�察�create much social confusion�察 �and do grave injury to the nation�察�but the political society may  survive it�察�the sovereign remains in the plenitude of his rights�察 �as competent to restore government as be was originally to  institute it。  When�察�in 1848�察�Louis Philippe was dethroned by the  Parisian mob�察�and fled the kingdom�察�there was in France no 177 legitimate government�察�for all commissions ran in the king's  name�察�but the organic or territorial people of France�察�the body  politic�察�remained�察�and in it remained the sovereign power to  organize and appoint a new government。  When�察�on the 2d of  December�察�1851�察�the president�察�by a coup d'etat�察�suppressed the  legislative assembly and the constitutional government�察�there was  no legitimate government standing�察�and the power assumed by the  president was unquestionably a usurpation�察�but the nation was  competent to condone his usurpation and legalize his power�察�and  by a plebiscitum actually did so。  The wisdom or justice of the  coup d'etat is another question�察�about which men may differ�察�but  when the French nation�察�by its subsequent act�察�had condoned it�察 �and formally conferred dictatorial powers on the prince´president�察 �the principal had approved the act of his agent�察�and given him  discretionary powers�察�and nothing more was to be said。  The  imperial constitution and the election of the president to be  emperor�察�that followed on December 2d�察�1852�察�were strictly legal�察 �and�察�whatever men may think of Napoleon III。�察�it must be conceded  that there is no legal flaw in his title�察�and that he holds his  power by a 178            title as high and as perfect as there is for any  prince or ruler。

But the plebiscitum cannot be legally appealed to or be valid  when and where there is a legal government existing and in the  full exercise of its constitutional functions�察�as was decided by  the Supreme Court of the United States in a case growing out of  what is known as the Dorr rebellion in Rhode Island。  A suffrage  committee�察�having no political authority�察�drew up and presented a  new constitution of government to the people�察�plead a plebiscitum  in its favor�察�and claimed the officers elected under it as the  legally elected officers of the state。  The court refused to  recognize the plebiscitum�察�and decided that it knew Rhode Island  only as represented through the government�察�which had never  ceased to exist。  New States in Territories have been organized  on the strength of a plebiscitum when the legal Territorial  government was in force�察�and were admitted as States into the  Union�察�which�察�though irregular and dangerous�察�could be done  without revolution�察�because Congress�察�that admitted them�察�is the  power to grant the permission to organize as States and apply for  admission。  Congress is competent to condone an offence against  its own rights。  The real danger of the 179                                         practice is�察�that it  tends to create a conviction that sovereignty inheres in the  people individually�察�or as population�察�not as the body politic or  organic people attached to a sovereign domain�察�and the people who  organize under a plebiscitum are not�察�till organized and admitted  into the Union�察�an organic or a political people at all。  When  Louis Napoleon made his appeal to a vote of the French people�察�he  made an appeal to a people existing as a sovereign people�察�and a  sovereign people without a legal government。  In his case the  plebiscitum was proper and sufficient�察�even if it be conceded  that it was through his own fault that France at the moment was  found without a legal government。  When a thing is done�察�though  wrongly done�察�you cannot act as if it were not done�察�but must  accept it as a fact and act accordingly。

The plebiscitum�察�which is simply an appeal to the people outside  of government�察�is not valid when the government has not lapsed�察 �either by its usurpations or by its dissolution�察�nor i

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