the american republic-第38章
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
epresentatives chosen by colonies； and after independence in the person of representatives chosen by States。 Not existing outside of the colonial or State organizations； they could not act outside or independently of them。 They chose their representatives or delegates by colonies or States； and called at first their convention a Congress； but by an instinct surer than their deliberate wisdom； they called it not the Congress of the confederate； but of the United States； asserting constitutional unity as well as constitutional multiplicity。 It is true； in their first attempt to organize a general government； they called the constitution they devised Articles of Confederation； but only because they had not attained to full consciousness of themselves； and that they really meant union； not confederation； is evident from their adopting； as the official style of the nation or new power； united； not confederate States。
That the sovereignty vested in the States united； and was represented in some sort by the Congress； is evident from the fact that the several States； when they wished to adopt State constitutions in place of colonial charters； felt not 225 at liberty to do so without asking and obtaining the permission of Congress； as the elder Adams informs us in his Diary； kept at the time； that is； they asked and obtained the equivalent of what has since； in the case of organizing new States； been called an 〃enabling act。〃 This proves that the States did not regard themselves as sovereign States out of the Union； but as completely sovereign only in it。 And this again proves that the Articles of Confederation did not correspond to the real； living constitution of the people。 Even then it was felt that the organization and constitution of a State in the Union could be regularly effected only by the permission of Congress； and no Territory can； it is well known； regularly organize itself as a State； and adopt a State constitution； without an enabling act by Congress； or its equivalent。
New States； indeed； have been organized and been admitted into the Union without an enabling act of Congress； but the case of Kansas； if nothing else； proves that the proceeding is irregular； illicit； invalid； and dangerous。 Congress； of course； can condone the wrong and validate the act； but it were better that the act should be validly done； and that there should be no wrong to condone。 Territories have organized 226 as States； adopted State constitutions； and instituted State governments under what has been called 〃squatter sovereignty；〃 but such sovereignty has no existence； because sovereignty is attached to the domain； and the domain is in the United States。 It is the offspring of that false view of popular sovereignty which places it in the people personally or generically； irrespective of the domain； which makes sovereignty a purely personal right； not a right fixed to the soil； and is simply a return to the barbaric constitution of power。 In all civilized nations； sovereignty is inseparable from the state； and the state is inseparable from the domain。 The will of the people； unless they are a state； is no law； has no force； binds nobody； and justifies no act。
The regular process of forming and admitting new States explains admirably the mutual relation of the Union and the several States。 The people of a Territory belonging to the United States or included in the public domain not yet erected into a State and admitted into the Union； are subjects of the United States； without any political rights whatever； and； though a part of the population； are no part of the sovereign people of the United States。 They become a part of that people； with political rights 227 and franchises； only when they are erected into a State； and admitted into the Union as one of the United States。 They may meet in convention； draw up and adopt a constitution declaring or assuming them to be a State； elect State officers； senators； and representatives in the State legislature； and representatives and senators in Congress； but they are not yet a State； and are； as before； under the Territorial government established by the General Government。 It does not exist as a State till recognized by Congress and admitted into the Union。 The existence of the State； and the rights and powers of the people within the State； depend on their being a State in the Union； or a State united。 Hence a State erected on the national domain； but itself outside of the Union； is not an independent foreign State； but simply no State at all； in any sense of the term。 As there is no union outside of the States； so is there no State outside of the Union； and to be a citizen either of a State or of the United States； it is necessary to be a citizen of a State； and of a State in the Union。 The inhabitants of Territories not yet erected into States are subjects； not citizensthat is； not citizens with political rights。 The sovereign people are not the people outside of State organization； nor the people of the States sever… 228 ally； but the distinct people of the several States united； and therefore most appropriately called the people of the United States。
This is the peculiarity of the American constitution and is substantially the very peculiarity noted and dwelt upon by Mr。 Madison in his masterly letter to Edward Everett； published in the 〃North American Review；〃 October； 1830。
〃I In order to understand the true character of the constitution of the United States；〃 says Mr。 Madison； 〃the error； not uncommon； must be avoided of viewing it through the medium either of a consolidated government or of a confederated government； whilst it is neither the one nor the other； but a mixture of both。 And having； in no model； the similitudes and analogies applicable to other systems of government； it must； more than any other； be its own interpreter； according to its text and the facts in the case。
〃From these it will be seen that the characteristic peculiarities of the constitution are： 1。 The mode of its formation。 2。 The division of the supreme powers of government between the States in their united capacity and the States in their individual capacities。
〃1。 It was formed not by the governments of the component States； as the Federal Govern… 229 ment； for which it was substituted； was formed； nor was it formed by a majority of the people of the United States as a single community； in the manner of a consolidated government。 It was formed by the States； that is； by the people in each of the States； acting in their highest sovereign capacity； and formed consequently by the same authority which formed the State constitution。
〃Being thus derived from the same source as the constitutions of the States； it has within each State the same authority as the constitution of the State； and is as much a constitution in the strict sense of the term； within its prescribed sphere； as the constitutions of the States are within their respective spheres； but with this obvious and essential difference； that； being a compact among the States in their highest capacity； and constituting the people thereof one people for certain purposes； it cannot be altered or annulled at the will of the States individually； as the constitution of a State may be at its individual will。
〃2。 And that it divides the supreme powers of government between the government of the United States and the governments of the individual States； is stamped on the face of the instrument； the powers of war and of taxation； 230 of commerce and treaties； and other enumerated powers vested in the government of the United States； are of high and sovereign a character as any of the powers reserved to the State governments。〃
Mr。 Jefferson； Mr。 Webster； Chancellor Kent； Judge Story； and nearly all the old Republicans； and even the old Federalists； on the question as to what is the actual constitution of the United States； took substantially the same view； but the
