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the american republic-及7何蛍

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

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 past�察�or  taking their place with nations on whom the light of civilization  has never yet dawned。  All is not gold that glisters。

The characteristic of barbarism is�察�that it makes all authority a  private or personal right�察�and the characteristic of civilization  is�察�that it makes it a public trust。  Barbarism knows only  persons�察�civilization asserts and maintains the state。  With  barbarians the authority of the patriarch is developed simply by  way of explication�察�in civilized states it is developed by way of  transformation。  Keeping in mind this distinction�察�it may be  maintained that all systems of government�察�as a simple historical  fact�察�have been developed from the patriarchal。  The patriarchal  has preceded them all�察�and it is with the patriarchal that the  human race has begun its career。  The family or household is not  a state�察�a civil polity�察�but it is a government�察�and�察 �historically considered�察�is the initial or inchoate state as well  as the initial or inchoate nation。  But its simple direct  development gives us barbarism�察�or what is called Oriental  despotism�察�and which nowhere exists�察�or can exist�察�in Christendom。   It is found only in pagan and Mohammedan nations�察�Christianity in  the secular order is republican�察�and continues 39                                                and completes the  work of Greece and Rome。  It meets with little permanent success  in any patriarchal or despotic nation�察�and must either find or  create civilization�察�which has been developed from the patriarchal  system by way of transformation。

But�察�though the patriarchal system is the earliest form of  government�察�and all governments have been developed or modified  from it�察�the right of government to govern cannot be deduced from  the right of the father to govern his children�察�for the parental  right itself is not ultimate or complete。  All governments that  assume it to be so�察�and rest on it as the foundation of their  authority�察�are barbaric or despotic�察�and�察�therefore �察�without any  legitimate authority。  The right to govern rests on ownership or  dominion。  Where there is no proprietorship�察�there is no dominion�察 �and where there is no dominion�察�there is no right to govern。   Only he who is sovereign proprietor is sovereign lord。

Property�察�ownership�察�dominion rests on creation。  The maker has  the right to the thing made。  He�察�so far as he is sole creator�察 �is sole proprietor�察�and may do what he will with it。  God is  sovereign lord and proprietor of the universe because He is its  sole creator。  He 40                   hath the absolute dominion�察�because He is  absolute maker。  He has made it�察�He owns it�察�and one may do what  he will with his own。  His dominion is absolute�察�because He is  absolute creator�察�and He rightly governs as absolute and  universal lord�察�yet is He no despot�察�because He exercises only  His sovereign right�察�and His own essential wisdom�察�goodness�察 �justness�察�rectitude�察�and immutability�察�are the highest of all  conceivable guaranties that His exercise of His power will always  be right�察�wise�察�just�察�and good。  The despot is a man attempting  to be God upon earth�察�and to exercise a usurped power。  Despotism  is based on�察�the parental right�察�and the parental right is  assumed to be absolute。  Hence�察�your despotic rulers claim to  reign�察�and to be loved and worshipped as gods。  Even the Roman  emperors�察�in the fourth and fifth centuries�察�were addressed as  divinities�察�and Theodosius the Great�察�a Christian �察�was addressed  as ;Your Eternity�察─�Eternitas vestrasso far did barbarism  encroach on civilization�察�even under Christian emperors。

The right of the father over his child is an imperfect right�察�for  he is the generator�察�not the creator of his child。  Generation is  in the order of second causes�察�and is simply the development or  explication of the race。  The 41                               early Roman law�察�founded on the  confusion of generation with creation�察�gave the father absolute  authority over the childthe right of life and death�察�as over  his servants or slaves�察�but this was restricted under the Empire�察 �and in all Christian nations the authority of the father is  treated�察�like all power�察�as a trust。  The child�察�like the father  himself�察�belongs to the state�察�and to the state the father is  answerable for the use he makes of his authority。  The law fixes  the age of majority�察�when the child is completely emancipated�察 �and even during his nonage�察�takes him from the father and places  him under guardians�察�in case the father is incompetent to fulfil  or grossly abuses his trust。  This is proper�察�because society  contributes to the life of the child�察�and has a right as well as  an interest in him。  Society�察�again�察�must suffer if the child is  allowed to grow up a worthless vagabond or a criminal�察�and has a  right to intervene�察�both in behalf of itself and of the child�察�in  case his parents neglect to train him up in the nurture and  admonition of the Lord�察�or are training him up to be a liar�察�a  thief�察�a drunkard�察�a murderer�察�a pest to the community。  How�察 �then�察�base the right of society on the right of the father�察 �since�察�in point of fact�察�the 42                              right of society is paramount to the  right of the parent��

But even waiving this�察�and granting what is not the fact that the  authority of the father is absolute�察�unlimited�察�it cannot be the  ground of the right of society to govern。  Assume the parental  right to be perfect and inseparable from the parental relation�察 �it is no right to govern where no such relation exists。  Nothing  true�察�real�察�solid in government can be founded on what Carlyle  calls a ;sham。;  The statesman�察�if worthy of the name�察�ascertains  and conforms to the realities�察�the verities of things�察�and all  jurisprudence that accepts legal fictions is imperfect�察�and even  censurable。  The presumptions or assumptions of law or politics  must have a real and solid basis�察�or they are inadmissible。  How�察 �from the right of the father to govern his own child�察�born from  his loins�察�conclude his right to govern one not his child�拭 �Or  how�察�from my right to govern my child�察�conclude the right of  society to found the state�察�institute government�察�and exercise  political authority over its members��





CHAPTER IV。

ORIGIN OF GOVERNMENTCONTINUED。


II。 Rejecting the patriarchal theory as untenable�察�and shrinking  from asserting the divine origin of government�察�lest they should  favor theocracy�察�and place secular society under the control of  the clergy�察�and thus disfranchise the laity�察�modern political  writers have sought to render government purely human�察�and  maintain that its origin is conventional�察�and that it is founded  in compact or agreement。  Their theory originated in the  seventeenth century�察�and was predominant in the last century and  the first third of the present。  It has been�察�and perhaps is yet�察 �generally accepted by American politicians and statesmen�察�at  least so far as they ever trouble their heads with the question  at all�察�which it must be confessed is not far。

The moral theologians of the Church have generally spoken of  government as a social pact or compact�察�and explained the  reciprocal rights and obligations of subjects and rulers by the  44 general law of contracts�察�but they have never held that  government originates in a voluntary agreement between the people  and their rulers�察�or between the several individuals composing  the community。  They have never held that government has only a  conventional origin or authority。  They have simply meant�察�by the  social compact�察�the mutual relations and reciprocal rights and  duties of princes and their subjects�察�as implied in the very  existence and nature of civil society。  Where there are rights  and duties on each side�察�they treat the fact�察�not as an agreement  voluntarily entered into�察�and which creates them�察�but as a  compact which binds alike sovereign and subject�察�and in  determining whether either side has sinned or not�察�they inquire  whether either has broken the terms of the social compact。  They  were engaged�察�not with the question whence does government derive  its authority�察�but with its nature�察�and the reciprocal rights and  duties of governors and the governed。  The compact itself they  held was not voluntarily formed by the people themselves�察�either  individually or collectively�察�but was imposed by God�察�either  immediately�察�or mediately�察�through the law of nature。  ;Every  man�察─�says Cicero�察 �is born in society�察�and remains there。;  They  held the 45          same�察�and maintained that every one born into society  contracts by that fact certain obligations to society�察�and  society certain obligations to him�察�for under the natural law�察 �every one has certain rights�察�as life�察�liberty�察�and the pursuit  of happiness�察�and owes certain duties to society for the  protection and assistance it affords him。

But modern political theorists have abused the phrase borrowed  from the theologians�察�and made it cover a political doctrine  which they would have been the last to accept。  These theorists  or political speculators have imagined a state of nature  antecedently to civil society�察�in which men lived without  government�察�law�察�or manners�察�out of which they finally came by  entering into a voluntary agreement with some one of their number  to be king and to govern them�察�or with one another to submit to  the rule of the majority。  Hobbes�察�the English materialist�察�is  among the earliest and most distinguished of the advocates of  this theory。  He held that men lived�察�prior to the creation of  civil society�察�in a state of nature�察�in which all were equal�察�and  every one had an equal right to every thing�察�and to take any  thing on which he could lay his hands and was strong enough to  hold。  There was no law but the will of the strongest。  Hence�察 �the state of nature was a state of con´ 46                                       tinual war。  At length�察 �wearied and disgusted�察�men sighed for peace�察�and�察�with one  accord�察�said to the tallest�察�bravest�察�or ablest among them�此�Come�察 �be our king�察�our master�察�our sovereign lord�察�and govern us�察�we  surrender our natural rights and our natural independence to you�察 �with no other reserve or condition than that you maintain peace  among us�察�keep

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