the american republic-第40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！
d； not indeed to the General government； but to the United States； for the ratification by any State or Territory not in the Union counts for nothing。 The States united； can； in the way prescribed； give more or less power to the General government； and reserve more or less power to the States individually。 The so…called reserved powers are really reserved to the people of the United States； who can make such disposition of them as seems to them good。
The conclusion； then； that the General government holds from the States united； not from the States severally； is not invalidated by the fact that its constitution was completed only by the ratification of the States in their individ… 237 ual capacity。 The ratification was made necessary by the will of the people in convention assembled； but the convention was competent to complete it and put it in force without that ratification； had it so willed。 The general practice under the American system is for the convention to submit the constitution it has agreed on to the people； to be accepted or rejected by a plebiscitum； but such submission； though it may be wise and prudent； is not necessary。 The convention is held to be the convention of the people； and to be clothed with the full authority of the sovereign people； and it is in this that it differs from the congress or the legislature。 It is not a congress of delegates or ministers who are obliged to act under instructions； to report their acts to their respective sovereigns for approval or rejection； it is itself sovereign； and may do whatever the people themselves can do。 There is no necessity for it to appeal to a plebiscitum to complete its acts。 That the convention； on the score of prudence； is wise in doing so； nobody questions； but the convention is always competent； if it chooses； to ordain the constitution without appeal。 The power competent to ordain the constitution is always competent to change； modify； or amend it。 That amend… 238 ments to the constitution of the government can be adopted only by being proposed by a convention of all the States in the Union； or by being proposed； by a two…thirds vote of both houses of Congress； and ratified by three…fourths of the States； is simply a conventional ordinance； which the convention can change at its pleasure。 It proves nothing as it stands but the will of the convention。
The term ratification itself； because the term commonly used in reference to treaties between sovereign powers； has been seized on； since sometimes used by the convention； to prove that the constitution emanates from the States severally； and is a treaty or compact between sovereign states； not an organic or fundamental law ordained by a single sovereign will； but this argument is inadmissible； because； as we have just seen； the convention is competent to ordain the constitution without submitting it for ratification； and because the convention uses sometimes the word adopt instead of the word ratify。 That the framers of the constitution held it to be a treaty； compact； or agreement among sovereigns； there is no doubt； for they so held in regard to all constitution of government； and there is just as little doubt that they intended to constitute； and firmly believed that 239 they were constituting a real government。 Mr。 Madison's authority on this point is conclusive。 They unquestionably regarded the States； prior to the ratification of the constitution they proposed； as severally sovereign； as they were declared to be by the old Articles of Confederation； but they also believed that all individuals are sovereign prior to the formation of civil society。 Yet very few； if any； of them believed that they remained sovereign after the adoption of the constitution； and we may attribute to their belief in the conventional origin of all government；the almost universal belief of the time among political philosophers；the little account which they made of the historical facts that prove that the people of the United States were always one people； and that the States never existed as severally sovereign states。
The political philosophers of the present day do not generally accept the theory held by our fathers； and it has been shown in these pages to be unsound and incompatible with the essential nature of government。 The statesmen of the eighteenth century believed that the state is derived from the people individually； and held that sovereignty is created by the people in convention。 The rights and powers of the state； they held； were made up of the 240 rights held by individuals under the law of nature； and which the individuals surrendered to civil society on its formation。 So they supposed that independent sovereign states might meet in convention； mutually agree to surrender a portion of their rights； organize their surrendered rights into a real government； and leave the convention shorn； at least； of a portion of their sovereignty。 This doctrine crops out everywhere in the writings of the elder Adams； and is set forth with rare ability by Mr。 Webster； in his great speech in the Senate against the State sovereignty doctrine of General Hayne and Mr。 Calhoun； which won for him the honorable title of Expounder of the Constitutionand expound it he； no doubt； did in the sense of its framers。 He boldly concedes that prior to the adoption of the constitution； the people of the United States were severally sovereign states； but by the constitution they were made one sovereign political community or people； and that the States； though retaining certain rights； have merged their several sovereignty in the Union。
The subtle mind of Mr。 Calhoun； who did not hold that a state can originate in compact； proved to Mr。 Webster that his theory could not stand； that； if the States went into 241 the convention sovereign States； they came out of it sovereign States； and that the constitution they formed could from the nature of the case be only a treaty； compact； or agreement between sovereigns。 It could create an agency； but not a government。 The sovereign States could only delegate the exercise of their sovereign powers； not the sovereign powers themselves。 The States could agree to exercise certain specific powers of sovereignty only in common； but the force and vitality of the agreement depended on the States； parties to the agreement retaining respectively their sovereignty。 Hence； he maintained that sovereignty； after as before the convention； vested in the States severally。 Hence State sovereignty； and hence his doctrine that in all cases that cannot come properly before the Supreme Court of the United States for decision； each State is free to decide for itself； on which he based the right of nullification； or the State veto of acts of Congress whose constitutionality the State denies。 Mr。 Calhoun was himself no secessionist； but he laid down the premises from which secession is the logical deduction； and large numbers of young men； among the most open； the most generous； and the most patriotic in the country； adopted his premises； 242 without being aware of this fact any more than he himself was； and who have been behind none in their loyalty to the Union； and in their sacrifices to sustain it； in the late rebellion。
The formidable rebellion which is now happily suppressed； and which attempted to justify itself by the doctrine of State sovereignty； has thrown； in many minds； new light on the subject； and led them to re…examine the historical facts in the case from a different point of view； to see if Mr。 Calhoun's theory is not as unfounded as be had proved Mr。 Webster's theory to be。 The facts in the case really sustain neither； and both failed to see it： Mr。 Calhoun because be had purposes to accomplish which demanded State sovereignty； and Mr。 Webster because he examined them in the distorting medium of the theory or understanding of the statesmen of the eighteenth century。 The civil war has vindi
