the american republic-第24章
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ge and what the Romans call jus gentium； or law common to all civilized nations。 Under this law。 whose prescriptions are promul… 135 gated through reason and embodied in universal jurisprudence； nations are providentially constituted； and invested with political sovereignty； and as they are constituted under this law and hold from God through it； it defines their respective rights and powers； their limitation and their extent。
The political sovereignty； under the law of nature； attaches to the people； not individually； but collectively； as civil or political society。 It is vested in the political community or nation； not in an individual； or family； or a class； because； under the natural law； all men are equal； as they are under the Christian law； and one man has； in his own right； no authority over another。 The family has in the father a natural chief； but political society has no natural chief or chiefs。 The authority of the father is domestic； not political； and ceases when his children have attained to majority； have married and become heads of families themselves； or have ceased to make part of the paternal household。 The recognition of the authority of the father beyond the limits of his own household； is； if it ever occurs； by virtue of the ordinance； the consent； express or tacit； of the political society。 There are no natural…born political chiefs； and wherever we find men claiming 136 or acknowledged to be such； they are either usurpers； what the Greeks called tyrants； or they are made such by the will or constitution of the people or the nation。
Both monarchy and aristocracy were； no doubt； historically developed from the authority of the patriarchs； and have unquestionably been sustained by an equally false development of the right of property； especially landed property。 The owner of the land； or he who claimed to own it； claimed as an incident of his ownership the right to govern it； and consequently to govern all who occupied it。 But however valid may be the landlord's title to the soil； and it is doubtful if man can own any thing in land beyond the usufruct； it can give him under the law of nature no political right。 Property； like all natural rights； is entitled by the natural law to protection； but not to govern。 Whether it shall be made a basis of political power or not is a question of political prudence； to be determined by the supreme political authority。 It was the basis； and almost exclusive basis； in the Middle Ages； under feudalism； and is so still in most states。 France and the United States are the principal exceptions in Christendom。 Property alone； or coupled with birth； is made elsewhere in some form a basis of political 137 power； and where made so by the sovereign authority； it is legitimate； but not wise nor desirable； for it takes from the weak and gives to the strong。 The rich have in their riches advantages enough over the poor； without receiving from the state any additional advantage。 An aristocracy； in the sense of families distinguished by birth； noble and patriotic services； wealth； cultivation； refinement； taste； and manners； is desirable in every nation； is a nation's ornament； and also its chief support； but they need and should receive no political recognition。 They should form no privileged class in the state or political society。
CHAPTER VII
CONSTITUTION OF GOVERNMENT。
The Constitution is twofold： the constitution of the state or nation； and the constitution of the government。 The constitution of the government is； or is held to be； the work of the nation itself； the constitution of the state； or the people of the state； is； in its origin at least； providential； given by God himself； operating through historical events or natural causes。 The one originates in law； the other in historical fact。 The nation must exist； and exist as a political community； before it can give itself a constitution； and no state； any more than an individual； can exist without a constitution of some sort。
The distinction between the providential constitution of the people and the constitution of the government； is not always made。 The illustrious Count de Maistre； one of the ablest political philosophers who wrote in the last century； or the first quarter of the present； in his work 139 on the Generative Principle of Political Constitutions； maintains that constitutions are generated； not made； and excludes all human agency from their formation and growth。 Disgusted with French Jacobinism； from which he and his kin and country had suffered so much； and deeply wedded to monarchy in both church and state； he had the temerity to maintain that God creates expressly royal families for the government of nations； and that it is idle for a nation to expect a good government without a king who has descended from one of those divinely created royal families。 It was with some such thought； most likely； that a French journalist； writing home from the United States； congratulated the American people on having a Bonaparte in their army； so that when their democracy failed； as in a few years it was sure to do； they would have a descendant of a royal house to be their king or emperor。 Alas！ the Bonaparte has left us； and besides； he was not the descendant of a royal house； and was； like the present Emperor of the French； a decided parvenu。 Still； the Emperor of the French； if only a parvenu； bears himself right imperially among sovereigns； and has no peer among any of the descendants of the old royal families of Europe
140 There is a truth； however； in De Maistre's doctrine that constitutions are generated； or developed； not created de novo； or made all at once。 But nothing is more true than that a nation can alter its constitution by its own deliberate and voluntary action； and many nations have done so； and sometimes for the better； as well as for the worse。 If the constitution once given is fixed and unalterable； it must be wholly divine； and contain no human element； 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； founded by the ordinary providence of God； the constitution of the church； founded by his gracious or supernatural providence； and to maintain that the divine sovereignty governs in civil society immediately and supernaturally； as in the spiritual society。 But such is not the fact。 God governs the nation by the nation itself； through its own reason and free…will。 De Maistre is right only as to the constitution the nation starts with； 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； and call the written instrument drawn up by a convention of sovereign individuals the constitution； and the only constitution； both of the people and the government。 Prior to its adoption there is no government； no state； no political community or authority。 Antecedently to it the people are an inorganic mass； simply individuals； without any political or national solidarity。 These individuals； they suppose； come together in their own native right and might； organize themselves into a political community； give themselves a constitution； and draw up and vote rules for their government； 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； like the temperance society or debating club； a simple voluntary association； which men are free to join or not as they please； and which they are bound to obey no farther and no longer than suits their convenience。 But the state is a power； a sovereignty； speaks to all within its jurisdiction with an imperative voice； commands； and ma
