伊浪窮徨慕 > 将砿凪麿窮徨慕 > the american republic >

及40何蛍

the american republic-及40何蛍

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

梓囚徒貧圭�鮗� ○ 賜 ★ 辛酔堀貧和鍬匈��梓囚徒貧議 Enter 囚辛指欺云慕朕村匈��梓囚徒貧圭�鮗� ● 辛指欺云匈競何��
!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��



sm or monarchy in its  oriental sense�察�which is founded on private wealth�察�or which  assumes that the authority to 298                               govern�察�or sovereignty�察�is the  private estate of the sovereign。  All power is a domain�察�but  there is no domain without a dominus or lord。  In oriental  monarchies the dominus is the monarch�察�in republics it is the  public or people fixed to the soil or territory�察�that is�察�the  people in their territorial�察�and not in their personal or  genealogical relation。  The people of The United States are  sovereign only within the territory or domain of the United  States�察�and their sovereignty is a state�察�because fixed�察 �attached�察�or limited to that specific territory。  It is fixed to  the soil�察�not nomadic。  In barbaric nations power is nomadic and  personal�察�or genealogical�察�confined to no locality�察�but attaches  to the chief�察�and follows wherever he goes。  The Gothic chiefs  hold their power by a personal title�察�and have the same authority  in their tribes on the Po or the Rhone as on the banks of the  Elbe or the Danube。  Power migrates with the chief and his  people�察�and may be exercised wherever he and they find  themselves�察�as a Swedish queen held when she ordered the  execution of one of her subjects at Paris�察�without asking  permission of the territorial lord。  In these nations�察�power is a  personal right�察�or a private estate�察�not a state which exists  only as attached to the domain�察�and�察�as attached to the domain�察�299 exists independently of the chief or the government。  The  distinction is between public domain and private domain。

The American system is republican�察�and�察�contrary to what some  democratic politicians assert�察�the American democracy is  territorial�察�not personal�察�not territorial because the majority  of the people are agriculturists or landholders�察�but because all  political rights�察�powers�察�or franchises are territorial。  The  sovereign people of the United States are sovereign only within  the territory of the United States。  The great body of the  freemen have the elective franchise�察�but no one has it save in  his State�察�his county�察�his town�察�his ward�察�his precinct。  Out of  the election district in which he is domiciled�察�a citizen of the  United States has no more right to vote than has the citizen or  subject of a foreign state。  This explains what is meant by the  attachment of power to the territory�察�and the dependence of the  state on the domain。  The state�察�in republican states�察�exists  only as inseparably united with the public domain�察�under  feudalism�察�power was joined to territory or domain�察�but the  domain was held as a private�察�not as a public domain。  All  sovereignty rests on domain or proprietorship�察�and is dominion。   The proprietor is the dominus or lord�察�and in 300                                               republican states  the lord is society�察�or the public�察�and the domain is held for  the common or public good of all。  All political rights are held  from society�察�or the dominus�察�and therefore it is the elective  franchise is held from society�察�and is a civil right�察�as  distinguished from a natural�察�or even a purely personal right。

As there is no domain without a lord or dominus�察�territory alone  cannot possess any political rights or franchises�察�for it is not  a domain。  In the American system�察�the dominus or lord is not the  particular State�察�but the United States�察�and�察�the domain of the  whole territory�察�whether erected into particular States or not�察 �is in the United States alone。  The United States do not part  with the dominion of that portion of the national domain included  within a particular State。  The State holds the domain not  separately but jointly�察�as inseparably one of the United States�此 �separated�察�it has no dominion�察�is no State�察�and is no longer a  joint sovereign at all�察�and the territory that it included falls  into the condition of any other territory held by the United  States not erected into one of the United States。

Lawyers�察�indeed�察�tell us that the eminent domain is in the  particular State�察�and that all escheats are to the State�察�not to  the United 301            States。  All escheats of private estates�察�but no  public or general escheats。  But this has nothing to do with the  public domain。  The United States are the dominus�察�but they have�察 �by the constitution�察�divided the powers of government between a  General government and particular State governments�察�and ordained  that all matters of a general nature�察�common to all the States�察 �should be placed under the supreme control of the former�察�and all  matters of a private or particular character under the supreme  control of the latter。  The eminent domain of private estates is  in the particular State�察�but the sovereign authority in the  particular State is that of the United States expressing itself  through the State government。  The United States�察�in the States  as well as out of them�察�is the dominus�察�as the States  respectively would soon find if they were to undertake to  alienate any part of their domain to a foreign power�察�or even to  the citizens or subjects of a foreign State�察�as is also evident  from the fact that the United States�察�in the way prescribed by  the constitution�察�may enlarge or contract at will the rights and  powers of the States。  The mistake on this point grows out of the  habit of restricting the action of the United States to the  General government�察�and not recollecting 302                                          that the United States  govern one class of subjects through the General government and  another class through State governments�察�but that it is one and  the same authority that governs in both。

The analogy borrowed from the Roman constitution�察�as far as  applicable�察�proves the reverse of what is intended。  The dominus  of the sacred territory was the city�察�or the Roman state�察�not the  sacred territory itself。  The territory received the tenant�察�and  gave him as tenant the right to a seat in the senate�察�but the  right of the territory was derived not from the domain�察�but from  the dominus�察�that is�察�the city。  But the city could revoke its  grant�察�as it practically did when it conferred the privileges of  Roman citizenship on the provincials�察�and gave to plebeians seats  in the senate。  Moreover�察�nothing in Roman history indicates that  to the validity of a senatus consultum it was necessary to count  the vacant domains of the sacred territory。  The particular  domain must�察�under the American system�察�be counted when it is  held by a State�察�but of itself alone�察�or even with its  population�察�it is not a State�察�and therefore as a State domain is  vacant and without any political rights or powers whatever。

To argue that the territory and population 303                                            once a State in the  Union must needs always be so�察�would be well enough if a State in  the Union were individually a sovereign state�察�for territory�察 �with its population not subject to another�察�is always a sovereign  state�察�even though its government has been subverted。  But this  is not the fact�察�for territory with its population does not  constitute a State in the Union�察�and�察�therefore�察�when of a State  nothing remains but territory and population�察�the State has  evidently disappeared。  It will not do then to maintain that  State suicide is impossible�察�and that the States that adopted  secession ordinances have never for a moment ceased to be States  in the Union�察�and are free�察�whenever they choose�察�to send their  representatives and senators to occupy their vacant seats in  Congress。  They must be reorganized first。

There would also be some embarrassment to the government in  holding that the States that passed the secession ordinance  remain�察�notwithstanding�察�States in the Union。  The citizens of a  State in the Union cannot be rebels to the United States�察�unless  they are rebels to their State�察�and rebels to their State they  are not�察�unless they resist its authority and make war on it。   The authority of the State in the Union is a legal authority�察�and  the citizen in obeying 304                        it is disloyal neither to the State nor to  the Union。  The citizens in the States that made war on the  United States did not resist their State�察�for they acted by its  authority。  The only men�察�on this supposition�察�in them�察�who have  been traitors or rebels�察�are precisely the Union men who have  refused to go with their respective States�察�and have resisted�察 �even with armed force�察�the secession ordinances。  The several  State governments�察�under which the so´called rebels carried on  the war for the destruction of the Union�察�if the States are in  the Union�察�were legal and loyal governments of their respective  States�察�for they were legally elected and installed�察�and  conformed to their respective State constitutions。  All the acts  of these governments have been constitutional。  Their entering  into a confederacy for attaining a separate nationality has been  legal�察�and the debts contracted by the States individually�察�or by  the confederacy legally formed by them�察�have been legally  contracted�察�stand good against them�察�and perhaps against the  United States。  The war against them has been all wrong�察�and the  confederates killed in battle have been murdered by the United  States。  The blockade has been illegal�察�for no nation can  blockade its own ports�察�and the captures and seizures under 305                                                             it�察 �robberies。  The Supreme Court has been wrong in declaring the war  a territorial civil war�察�as well as the government in acting  accordingly。  Now�察�all these conclusions are manifestly false and  absurd�察�and therefore the assumption that the States in question  have all along been States in the Union cannot be sustained。

It is easy to understand the resistance the Government offers to  the doctrine that a State may commit suicide�察�or by its own act  abdicate its rights and cease to be a State in the Union。  It is  admissible on no theory of the constitution that has been widely  entertained。  It is not admissible on Mr。 Calhoun's theory of  State sovereignty�察�for on that theory a State in going out of the  Union does not cease to be a State but simply resumes the powers  it h

卦指朕村 貧匯匈 和匯匈 指欺競何 壘��0�� 家��0��

低辛嬬浪散議