the american republic-第32章
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Fit your shoes to your feet。 The law of the governmental constitution is in that of the nation。 The constitution of the government must grow out of the constitution of the state； and 186 accord with the genius； the character； the habits； customs； and wants of the people； or it will not work well； or tend to secure the legitimate ends of government。 The constitutions imagined by philosophers are for Utopia； not for any actual； living； breathing people。 You must take the state as it is； and develop your governmental constitution from it； and harmonize it with it。 Where there is a discrepancy between the two constitutions； the government has no support in the state； in the organic people； or nation； and can sustain itself only by corruption or physical force。 A government may be under the necessity of using force to suppress an insurrection or rebellion against the national authority； or the integrity of the national territory； but no government that can sustain itself； not the state； only by physical force or large standing armies； can be a good government； or suited to the nation。 It must adopt the most stringent repressive measures； suppress liberty of speech and of conscience； outrage liberty in what it has the most intimate and sacred； and practise the most revolting violence and cruelty； for it can govern only by terror。 Such a government is unsuited to the nation。
This is seen in all history： in the attempt of the dictator Sulla to preserve the old patri… 187 cian government against the plebeian power that time and events had developed in the Roman state； and which was about to gain the supremacy； as we have seen； at Pharsalia； Philippi； and Actium； in the efforts to establish a Jacobinical government in France in 1793； in Rome in 1848； and the government of Victor Emmanuel in Naples in 1860 and 1861。 These efforts； proscriptions； confiscations； military executions； assassinations； massacres； are all made in the name of liberty； or in defence of a government supposed to guaranty the well…being of the state and the rights of the people。 They are rendered inevitable by the mad attempt to force on a nation a constitution of government foreign to the national constitution； or repugnant to the national tastes； interests； habits； convictions； or whole interior life。 The repressive policy； adopted to a certain extent by nearly all European governments； grows out of the madness of a portion of the people of the several states in seeking to force upon the nation an anti…national constitution。 The sovereigns may not be very wise； but they are wiser； more national； more patriotic than the mad theorists who seek to revolutionize the state and establish a government that has no hold in the national traditions； the national character； or the 188 national life； and the statesman； the patriot； the true friend of liberty sympathizes with the national authorities； not with the mad theorists and revolutionists。
The right of a nation to change its form of government； and its magistrates or representatives； by whatever name called； is incontestable。 Hence the French constitution of l789； which involved that of 1793； was not illegal； for though accompanied by some irregularities； it was adopted by the manifest will of the nation； and consented to by all orders in the state。 Not its legality but its wisdom is to be questioned； together with the false and dangerous theories of government which dictated it。 There is no compact or mutual stipulation between the state and the government。 The state； under God； is sovereign； and ordains and establishes the government； instead of making a contract； a bargain； or covenant； with it。 The common democratic doctrine on this point is right； if by people is understood the organic people attached to a sovereign domain； not the people as individuals or as a floating or nomadic multitude。 By people in the political sense； Cicero； and St。 Augustine after him； understood the people as the republic； organized in reference to the common or public good。 With this under… 189 standing； the sovereignty persists in the people； and they retain the supreme authority over the government。 The powers delegated are still the powers of the sovereign delegating them； and may be modified； altered； or revoked； as the sovereign judges proper。 The nation does not； and cannot abdicate or delegate away its own sovereignty； for sovereign it is； and cannot but be； so long as it remains a nation not subjected to another nation。
By the imperial constitution of the French government； the imperial power is vested in Napoleon III。； and made hereditary in his family； in the male line of his legitimate descendants。 This is legal； but the nation has not parted with its sovereignty or bound itself by contract forever to a Napoleonic dynasty。 Napoleon holds the imperial power 〃by the grace of God and the will of the nation；〃 which means simply that he holds his authority from God； through the French people； and is bound to exercise it according to the law of God and the national will。 The nation is as competent to revoke this constitution as the legislature is to repeal any law it is competent to enact； and in doing so breaks no contract； violates no right； for Napoleon and his descendants hold their right to the imperial throne subject to the 190 national will from which it is derived。 In case the nation should revoke the powers delegated； he or they would have no more valid claim to the throne than have the Bourbons； whom the nation has unmistakably dismissed from its service。
The only point here to be observed is； that the change must be by the nation itself； in its sovereign capacity； not by a mob； nor by a part of the nation conspiring； intriguing； or rebelling； without any commission from the nation。 The first Napoleon governed by a legal title； but he was never legally dethroned； and the government of the Bourbons； whether of the elder branch or the younger； was never a legal government； for the Bourbons had lost their original rights by the election of the first Napoleon； and never afterwards had the national will in their favor。 The republic of 1848 was legal； in the sense that the nation acquiesced in it as a temporary necessity； but hardly anybody believed in it or wanted it； and the nation accepted it as a sort of locum tenens； rather than willed or ordained it。 Its overthrow by the coup d'etat may not be legally defensible； but the election of Napoleon III。 condoned the illegality； if there was any； and gave the emperor a legal title； that no republican； that none but a despot 191 or a no…government man can dispute。 As the will of the nation； in so far as it contravenes not the law of God or the law of nature； binds every individual of the nation； no individual or number of individuals has； or can have； any right to conspire against him； or to labor to oust him from his place； till his escheat has been pronounced by the voice of the nation。 The state； in its sovereign capacity； willing it； is the only power competent to revoke or to change the form and constitution of the imperial government。 The same must be said of every nation that has a lawful government； and this； while it preserves the national sovereignty； secures freedom of progress； condemns all sedition； conspiracy； rebellion； revolution； as does the Christian law itself。
192 CHAPTER IX。
THE UNITED STATES
Sovereignty； under God； inheres in the organic people； or the people as the republic； and every organic people fixed to the soil； and politically independent of every other people； is a sovereign people； and； in the modern sense； an independent sovereign nation。
Sovereign states may unite in an alliance； league； or confederation； and mutually agree to exercise their sovereign powers or a portion of them in common； through a common organ or agency； but in this agreement they part with none of their sovereignty； and each remains a sovereign state or nation as before。 The common organ or a
