the american republic-第23章
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organized； inside or outside of the constitution； as most modern democratic theorists maintain； since； if so； the will of the people； however expressed； is the criterion of right and wrong； just and unjust； true and false； is infallible and impeccable； and no moral right can ever be pleaded against it； they are accountable to nobody； and； let them do what they please； they can do no wrong。 This would place the individual at the mercy 129 of the state； and deprive him of all right to complain； however oppressed or cruelly treated。 This would establish the absolute despotism of the state； and deny every thing like the natural rights of man； or individual and personal freedom； as has already been shown。 Now as men do take part in government； and as men； either individually or collectively； are neither infallible nor impeccable； it is never to be expected； under any possible constitution or form of government； that authority will always be wisely and justly exercised； that wrong will ever be done； and the rights of individuals never in any instance be infringed； but with the clear understanding that all power is of God； that the political sovereignty is vested in the people or the collective body； that the civil rulers hold from God through them and are responsible to Him through them； and justiciable by them； there is all the guaranty against the abuse of power by the； nation； the political or organic people； that the nature of the case admits。 The nation may； indeed； err or do wrong； but in the way supposed you get in the government all the available wisdom and virtue the nation has； and more is never； under any form or constitution of government； practicable or to be expected；
130 It is a maxim with constitutional statesmen； that 〃the king reigns； not governs。〃 The people； though sovereign under God； are not the government。 The government is in their name and by virtue of authority delegated from God through them； but they are not it； are not their own ministers。 It is only when the people forget this and undertake to be their own ministers and to manage their own affairs immediately by themselves instead of selecting agents to do it for them； and holding their agents to a strict account for their management； that they are likely to abuse their power or to sanction injustice。 The nation may be misled or deceived for a moment by demagogues； those popular courtiers； but as a rule it is disposed to be just and to respect all natural rights。 The wrong is done by individuals who assume to speak in their name； to wield their power； and to be themselves the state。 L'etat； c'est moi。 I am the state； said Louis XIV。 of France； and while that was conceded the French nation could have in its government no more wisdom or virtue than he possessed； or at least no more than he could appreciate。 And under his government France was made responsible for many deeds that the nation would never have sanctioned； if it bad been recognized as the deposi… 131 tary of the national sovereignty； or as the French state； and answerable to God for the use it made of political power； or the conduct of its government。
But be this as it may； there evidently can be no physical force in the nation to coerce the nation itself in case it goes wrong； for if the sovereignty vests in the nation； only the nation can rightly command or authorize the employment of force； and all commissions must run in its name。 Written constitutions alone will avail little； for they emanate from the people； who can disregard them； if they choose； and alter or revoke them at will。 The reliance for the wisdom and justice of the state must after all be on moral guaranties。 In the very nature of the case there are and can be no other。 But these； placed in a clear light； with an intelligent and religious people； will seldom be found insufficient。 Hence the necessity for the protection； not of authority simply or chiefly； but of individual rights and the liberty of religion and intelligence in the nation； of the general understanding that the nation holds its power to govern as a trust from God； and that to God through the people all civil rulers are strictly responsible。 Let the mass of the people in any nation lapse into the ignorance and barba… 132 rism of atheism； or lose themselves in that supreme sophism called pantheism； the grand error of ancient as well as of modern gentilism； and liberty； social or political； except that wild kind of liberty； and perhaps not even that should be excepted； which obtains among savages； would be lost and irrecoverable。
But after all； this theory does not meet all the difficulties of the case。 It derives sovereignty from God； and thus asserts the divine origin of government in the sense that the origin of nature is divine； it derives it from God through the people； collectively； or as society； and therefore concedes it a natural； human； and social element； which distinguishes it from pure theocracy。 It； however； does not explain how authority comes from God to the people。 The ruler； king； prince； or emperor； holds from God through the people； but how do the people themselves hold from God？ Mediately or immediately？ If mediately； what is the medium？ Surely not the people themselves。 The people can no more be the medium than the principle of their own sovereignty。 If immediately； then God governs in them as he does in the church； and no man is free to think or act contrary to popular opinion； or in any case to question the wisdom or justice 133 of any of the acts of the state； which is arriving at state absolutism by another process。 Besides； this would theoretically exclude all human or natural activity； all human intelligence and free…will from the state； which were to fall into either pantheism or atheism。
VIII。 The right of government to govern； or political authority； is derived by the collective people or society； from God through the law of nature。 Rulers hold from God through the people or nation； and the people or nation hold from God through the natural law。 How nations are founded or constituted； or a particular people becomes a sovereign political people； invested with the rights of society； will be considered in following chapters。 Here it suffices to say that supposing a political people or nation； the sovereignty vests in the community； not supernaturally； or by an external supernatural appointment； as the clergy hold their authority； but by the natural law； or law by which God governs the whole moral creation。
They who assert the origin of government in nature are right； so far as they derive it from God through the law of nature； and are wrong only when they understand by the law of nature the physical force or forces of nature； which 134 are not laws in the primary and proper sense of the term。 The law of nature is not the order or rule of the divine action in nature which is rightfully called providence； but is； as has been said； law in its proper and primary sense； ordained by the Author of nature； as its sovereign and supreme Lawgiver； and binds all of his creatures who are endowed with reason and free…will； and is called natural； because promulgated through the reason common to all men。 Undoubtedly； it was in the first instance； to the first man； supernaturally promulgated； as it is republished and confirmed by Christianity； as an integral part of the Christian code itself。 Man needs even yet instruction in relation to matters lying within the range of natural reason； or else secular schools； colleges； and universities would be superfluous； and manifestly the instructor of the first man could have been only the Creator himself。
The knowledge of the natural law has been transmitted from Adam to us through two channelsreason； which is in every man； and in immediate relation with the Creator； and the traditions of the primitive instruction embodied in language and what the Romans call jus gentium； or law common to all civilized nations。 Under this law。
